Construction Cost $3,666,716.85 $2,059,907.15 $5,726,624.00 Design Cost $229,416.68 $79,353.54 $308,770.22
Inspection Cost $63,705.6 $35,834.4 $99,540.00
Total $3,959,839.13 $2,175,095.09 $6,134,934.22
PREVIOUS COUNCIL CONSIDERATION
On July 8, 2025, the City Council passed Resolution 2025-69, authorizing an additional General Fund appropriation of $168,897 for the FY 2024-2025 Annual Street Project. The City Council also awarded the Annual Street Project (TS-01001 and TS-01004) in the amount of $5,379,565 with up to 10% contingency ($537,957) to O’Grady Paving, Inc.
BACKGROUND
The annual street resurfacing project repairs and maintains existing asphalt concrete (AC) roadways in the city. The scope of work consisted of grinding and overlaying 0.25’ of AC on Jay Street from N. Clark Avenue to N. El Monte Avenue; Loma Priets Court from Miramonte Avenue to the end of the cul-de-sac; Newcastle Drive from Grant Road to Fremont Avenue; Shelby Lane from Cuesta Drive to the end of the cul-de-sac; Springer Road from Fremont Avenue to 905 Springer Road. Based on Council's priority of providing a safe route to school, delineators have been installed along Springer Road to enhance safety and protect bicyclists.
The delineator provides a physical barrier that separates vehicles from bicyclists.
Micro-surfacing consists of applying a mixture of water, asphalt emulsion (AC binder), very small, crushed rock, and additives. This application is commonly used on sections where the road has aged, with minimal cracking, and fine aggregates (small rocks) have flaked off over the years. Micro-surfacing was applied on Main Street from State Street to Foothill Expressway; State Street from 1st Street to Main Street; University Avenue from Burke Road to Anita Avenue; S. El Monte Avenue from Cuesta Drive to Clar Avenue; and Grant Road from Foothill Expressway to Homestead Road.
At all locations, the project included adjusting the existing utility cover to grade, adding new signage, and installing thermoplastic striping.
ANALYSIS
DISCUSSION
O’Grady Paving Inc. completed construction of the FY 24-25 Annual Street Resurfacing project. The final construction cost is $5,726,624.00, which represents an increase of $347,059.00 (approximately 6.4%) over the original construction amount of $5,379,565.00. The cost increase is due to the placement of additional delineators and the need for weekend or evening work to minimize impact to schools and businesses within the project limits. Even with the increased cost, the project has a saving of $190,898.
Staff recommend the adoption of Resolution No. 2026 -__ accepting completion of the FY 24- 25 Annual Street Resurfacing Project (Projects TS-01001 and TS-01004); and authorize the Public Works Director to record a Notice of Completion with the County.
ATTACHMENTS
1. Attachment 1 - Resolution
ATTACHMENT 1
Resolution No. 2026- Page 1
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
ACCEPTING COMPLETION OF AND DIRECTING THE PUBLIC WORKS
DIRECTOR TO FILE A NOTICE OF COMPLETION OF THE FY 2024-2025
ANNUAL RESURFACING PROJECT
WHEREAS, the City of Los Altos and O’Grady Paving Inc. originally entered into a contract agreement dated July 8, 2025; and
WHEREAS, the work performed by O’Grady Paving Inc. is satisfactory to this City Council, and said work under the contract has been fully completed and done as provided in said contract, and the plans and specifications therein referred to.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby finds and authorizes the following:
1. The acceptance of completion of said work.
2. The Public Works Director is directed to execute and file for record with the County Recorder of the County of Santa Clara a notice of completion thereof, as required by law.
3. That the acceptance of the work is exempt from review pursuant to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c), and none of the circumstances in CEQA guidance Section 15300.2 apply.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 13th day of October 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC
CITY CLERK
City Council Staff Report
Meeting Date: October 13, 2026
Prepared By: Tania Katbi
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Residential Electrification Rebate Program
COUNCIL PRIORITY AREA
Environmental Sustainability
General Government
RECOMMENDATION
Adopt the attached Resolution amending the FY2026-27 operating budget appropriating $78,000 from the general fund for the residential electrification rebate program
ENVIRONMENTAL IMPACT
This action has a positive environmental impact by:
• Reducing residential natural gas consumption and associated greenhouse gas emissions; • Reducing air pollution and greenhouse gas emissions; and • Accelerating the transition to all-electric homes
FISCAL IMPACT
$78,000 from the General Fund for the Residential Electrification Rebate Program
PREVIOUS COUNCIL CONSIDERATION
December 9, 2025 – Council approved the Residential Electrification Rebate Program
BACKGROUND
Residential Electrification Rebate Program
The Residential Electrification Rebate Program was established with a $75,000 appropriation during the FY 2025–26 budget adoption, and its design was formally accepted by the City Council on December 9, 2025. Launched in March 2026 in partnership with Silicon Valley Clean Energy (SVCE), which provides a suite of electrification rebates to Los Altos residents, the program offers a $1,000 municipal add-on rebate for the installation of heat pump HVAC systems and heat pump water heaters.
ANALYSIS
n/a
DISCUSSION
Residential Electrification Rebate Program
The Residential Electrification Rebate Program has demonstrated strong community demand since its launch in March 2026. With 75 rebates issued at $1,000 each, the program's initial $75,000 allocation has been fully expended, indicating significant resident interest in transitioning to heat pump HVAC systems and heat pump water heaters. The partnership with Silicon Valley Clean Energy (SVCE) for program administration has enabled efficient processing of applications and distribution of funds.
Given the program’s continued high demand, supplemental funding of $75,000 is requested to ensure program continuity through the end of the fiscal year. An additional $3,000 is being requested to cover the 3.7% administrative fee that SVCE will begin charging in the new funding cycle. This fee is to supplement the costs of processing the applications on behalf of the City.
Per Council request, staff explored expanding electrification rebates to commercial and multifamily properties. Staff looked at historical rebate claims, and the data showed that demand for commercial rebates is too low to justify City co-funding at this time. Additionally, SVCE currently lacks an active multifamily rebate program framework for City co-funding.
Given that the program was launched less than a year ago and continues to have strong resident adoption, staff recommend maintaining the current program parameters without modification at this time. As outlined in their work plan, the Environmental Commission and staff will further review the current program design and other electrification incentives, with a goal to bring recommendations to the Council, separately, ahead of the next budget cycle.
ATTACHMENTS
1. Attachment 1 - Resolution
ATTACHMENT 1
Resolution No. 2026- Page 1
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING THE FY2026-27 OPERATING BUDGET APPROPRIATING $78,000
FROM THE GENERAL FUND FOR THE RESIDENTIAL ELECTRIFICATION
REBATE PROGRAM
WHEREAS, The City of Los Altos adopted a Climate Action Plan that identifies residential electrification and reduction of emissions from gas-powered equipment as key strategies to reduce greenhouse gas emissions; and
WHEREAS, the City established the Residential Electrification Rebate Program in FY 2025-26 to provide rebates to residents who install electric heat pump water heaters and heat pump HVAC systems; and
WHEREAS, the Residential Electrification Rebate Program has proven highly successful, with strong and sustained community demand; and
WHEREAS, staff recommends supplemental funding of $78,000 to ensure the Residential Electrification Rebate Program remains available through June 30, 2027, and to maintain momentum toward the City's electrification goals; and
WHEREAS, the General Fund has sufficient fund balance to support this program; WHEREAS, the City Council finds that this action is consistent with the City's Climate Action Plan, strategic priorities, and Financial Policies.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos adopt a resolution to:
1. Amend the FY 2026-27 operating budget appropriating $78,000 from the general fund for the residential electrification rebate program.
2. Authorize the City Manager to execute all documents and take all actions necessary to implement this Resolution.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 13th day of October 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, MAYOR
ATTACHMENT 1
Resolution No. 2026- Page 2
Attest:
_____________________________
Melissa Thurman, MMC
CITY CLERK
City Council Staff Report
Meeting Date: October 13, 2026
Prepared By: Monica Gallardo-Melkesian
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Below Market Rate For-Sale and Rental Housing Guidelines
COUNCIL PRIORITY AREA
Housing
RECOMMENDATION
Adopt a resolution approving the Below Market Rate (“BMR”) For-Sale and Rental Housing Guidelines and find the action exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the action will not significantly affect the environment.
ENVIRONMENTAL IMPACT
Adoption of the Guidelines is exempt from CEQA under CEQA Guidelines Section 15061(b)(3) because the Guidelines establish administrative procedures for the City’s existing BMR Program and do not authorize development, construction, or changes in land use. Therefore, it can be seen with certainty that adoption of the Guidelines will not significantly affect the environment.
FISCAL IMPACT
None.
PREVIOUS COUNCIL CONSIDERATION
The City Council held a Study Session on the proposed BMR For-Sale and Rental Housing Guidelines on September 8, 2026 (see Attachment 2).
BACKGROUND
BMR Program Administration
The City has long administered its BMR Program through adopted policies, affordable housing agreements, deed restrictions, administrative practices, and project-specific requirements.
Although these tools support program implementation, the City does not have comprehensive, publicly available guidelines consolidating the program’s requirements, procedures, and expectations.
The proposed BMR For-Sale and Rental Housing Guidelines provide a clear, consistent reference for City staff, developers, property managers, BMR homeowners, applicants, and residents. Consolidating the program requirements will improve transparency, promote consistent administration, clarify responsibilities, and support uniform implementation for
ownership and rental units. The Guidelines also organize existing practices and update the program to reflect current administrative needs (see Attachment 1).
The Guidelines establish a clear framework for administering and overseeing the BMR Program and implementing the City’s inclusionary housing and density bonus requirements under Chapter 14.28 of the Los Altos Municipal Code and applicable state and federal law.
City Council Study Session
At its September 8, 2026, Study Session, the City Council reviewed the proposed BMR For-Sale and Rental Housing Guidelines and directed staff to:
1. Extend the relocation period for a BMR rental household found to be over-income during annual recertification from 90 days to six months, giving the household more time to secure alternative housing.
2. If a priority category is retained for certain local employees, include City employees, regular full-time Santa Clara County Fire Department employees assigned to the two Los Altos fire stations, and employees of public and charter schools, but not private-school employees.
3. Compare retaining the proposed two-category structure with using only the second priority category and return the analysis for a Council decision during final consideration of the Guidelines.
4. Retain the proposed lottery system rather than the current first-come, first-served process.
The Council unanimously supported this change and directed staff to retain the lottery provisions in the final draft Guidelines.
Staff incorporated this direction into the draft Guidelines. For item 3, the draft retains the local public employee priority category for Council consideration. If the Council removes the category, the draft resolution must also be revised to delete the third recital addressing that priority.
ANALYSIS
Priority Categories
The proposed Guidelines reduce the current four priority categories to two and eliminate residency and employment-duration requirements. The first category gives priority to qualifying public school district, charter school, City, and Santa Clara County Fire Department employees who serve the Los Altos community. The second category includes all individuals who live and/or work in Los Altos.
At the Study Session, Council supported reducing the number of categories but requested further analysis before deciding whether to retain the separate local public employee priority. The matrix below compares the two-category and single-category options based on recognition of local public service, equitable access, recruitment and retention, and administrative simplicity.
Decision Factor Retain Two Priority
Categories
Second Priority Category Only
Recognition of Local
Public Service
Gives earlier consideration to
qualifying school, City, and local
fire employees who serve the
Los Altos community.
Provides no separate priority
based on service to the Los Altos
community.
Equitable Access for
Eligible Applicants
Gives a defined group earlier
consideration when units are
limited; all eligible households
may still apply.
Places all eligible applicants who
live or work in Los Altos in one
priority category.
Recruitment and
Retention
May support recruitment and
retention for qualifying local
public-serving positions.
Provides no targeted housing
preference to support recruitment
or retention for those positions.
Administrative
Simplicity
Maintains a familiar priority
structure for staff and program
administrators.
Simplifies administration by
eliminating the need to assign
applicants to two priority
categories.
Of the BMR for-sale homes sold to date, 53% are moderate-income units, 27% are low-income units, and 20% are very-low-income units. The BMR rental inventory is approximately 28% extremely low-income, 19% very-low-income, and 52% low-income units; it includes no moderate-income units. Because moderate-income units comprise more than half of the City’s BMR for-sale inventory to date, there is a strong likelihood that qualifying households in the local public employee category will continue to be eligible for a share of available ownership units.
DISCUSSION
See Analysis section.
ATTACHMENTS
1. Attachment 1 - Resolution
2. Attachment 2 - Study Session Staff Report
1 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING
THE BELOW MARKET RATE FOR-SALE AND RENTAL HOUSING GUIDELINES
AND AUTHORIZING STAFF TO IMPLEMENT THE GUIDELINES
WHEREAS, the City of Los Altos has established a Below-Market-Rate Housing Program to increase the supply and diversity of affordable housing and provide affordable units within residential developments; and
WHEREAS, the Los Altos City Municipal Code establishes inclusionary affordable-housing requirements applicable to residential development; and WHEREAS, the Los Altos City Below-Market-Rate Program includes preferences for local school district and City employees, and Santa Clara County Fire Department staff for the stations that serve the City of Los Altos to allow educators to live in the community they serve, to assist in attraction and retention of critical public employees who may be priced out of the housing market and to provide opportunities for first responders to live in the community and be available in the event of an emergency; and
WHEREAS, the City has prepared Below-Market-Rate For-sale and Rental Housing Guidelines to provide procedures and guidance for implementation and administration of the City's BelowMarket-Rate housing requirements; and WHEREAS, the City Council desires to adopt comprehensive guidelines governing the administration of the Below-Market-Rate Housing Program, consistent with the Los Altos Municipal Code and applicable State law; and
WHEREAS, the City Council considered the Guidelines and all public testimony and other information presented at a duly noticed public meeting held on October 13, 2026; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos resolves as follows:
1. The Below-Market-Rate For-Sale and Rental Housing Guidelines, attached hereto as Exhibit A and Exhibit B and incorporated herein by reference, are hereby adopted.
2. The City Manager, or designee, is authorized to administer the Guidelines consistent with the Los Altos City Code and applicable State law.
3. Any prior administrative guidelines or policies inconsistent with the Guidelines adopted by this Resolution are superseded as of the effective date of this Resolution and this Resolution shall become effective immediately upon adoption.
ATTACHMENT 1
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 13th day of October 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, Mayor
Attest:
_____________________________
Melissa Thurman, City Clerk
Exhibit A
City of Los Altos
Below Market Rate For-Sale
Housing Program Guidelines
Adopted by the
Los Altos City Council
on October 13, 2026
1 North San Antonio Road
Los Altos, California 94022-3087
TABLE OF CONTENTS
Chapter 1: Introduction 1
Purpose 1
Non-Discrimination 1
Conflict with Other Documents 1
Definitions 2
Chapter 2: Developer Requirements 4
Inclusionary Housing Requirements for New Developments 4 Density Bonus 4
BMR Affordable Housing Agreements & Deed Restrictions 5 Term for Affordable Ownership Housing 5
Location and Design of Affordable Housing Units 5
Timing of Delivery of Affordable Housing 5
Determination of Sales Price 6
Chapter 3: Marketing, Local Preferences & Resident Selection Plan 7 Marketing Plan 7
Local Preferences 7
Acceptable Documents to Verify Priority Tiers 7
Accessibility Preference 8
Selection Process 9
Chapter 4: Determining Eligibility 10
Eligibility Criteria 10
Method of Calculating Income 16
Calculating Income from Assets 17
Eligibility Forms 19
Chapter 5: Homeownership Provisions 20
General Requirements 20
Pricing Units 21
Loan Requirements 23
Home Buyer Education 23
Permitted Transfers 24
Resale Process 25
Annual Certification of Owner Occupancy 26
End of Affordable Unit Term 26
Chapter 6: Program Compliance 27
Burden of Proof Eligibility 27
False Statements or Misrepresentations 27
Unauthorized Rental, Sale, or Transfer 28
Appeal Process 28
CHAPTER 1
INTRODUCTION
City of Los Altos | BMR Housing For-Sale Program Guidelines 1 Purpose
The purpose of the City of Los Altos’ Below Market
Rate (BMR) Housing For-Sale Program Guidelines is to
support the administration of the City’s BMR Program,
which helps provide affordable homeownership
opportunities for very-low, low-, and moderate-income
households. The BMR Program is intended to preserve
the long-term affordability of designated Affordable
Units, or Affordable Ownership Units, for eligible
purchasers and homeowners who meet applicable
income, purchase price, occupancy, and program
requirements, as set forth in the applicable Affordable Housing Agreement, deed restrictions, these Guidelines, and other governing laws and regulations.
These Guidelines provide the City, developers,
applicants, and current and future BMR Owners with
information regarding the BMR Program, including
income and purchase price limits, eligibility
requirements, application and selection procedures, resale restrictions, annual certification requirements, and other program obligations. They describe the regulatory
requirements that apply to BMR ownership properties
and provide practical guidance for implementing and
participating in the program.
These Guidelines are adopted pursuant to the City’s
inclusionary housing and density bonus requirements in
Chapter 14.28 of the Los Altos Municipal Code, as well
as applicable state and federal laws and regulations. They are intended to be consistent with those requirements
and to assist in the administration, oversight, and
regulation of the City’s BMR Program.
Non-Discrimination
The Program will be implemented consistent with the
City’s commitment to nondiscrimination. There shall be
no discrimination against or segregation of any person or group of persons, on the basis of race, color, ancestry, national origin, religion, creed, age, disability (mental and physical), sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual
orientation, gender identity, gender expression, medical condition, genetic information, marital status, military or veteran status, or any other basis forbidden by federal, state, or local law.
Conflict with Other Documents
Where the provisions of these Guidelines conflict, or are inconsistent, with local ordinances or state or federal laws or regulations, or executed regulatory agreements with
the City, the provisions of those ordinances, laws,
regulations or agreements shall prevail. In developments where the City’s AHA is subordinate to a deed restriction from an affordable housing lender or funder, those
lenders and funders’ policies and procedures shall also prevail. The Development Services Director may
promulgate additional administrative procedures that are consistent with these Guidelines.
CHAPTER 1: INTRODUCTION
City of Los Altos | BMR Housing For-Sale Program Guidelines 2 Definitions
As used in these Guidelines, unless the context requires otherwise, the following words and terms have the
meanings set forth below.
Affordable Housing Agreement (AHA): A recorded
contract between the City and the property owner
describing the Affordable Units, affordability categories, and income categories and explaining in detail how the
units will be marketed and sold.
Affordable Sales Price: The sales price of a for-sale
Affordable Unit resulting in projected average monthly
housing payments, determined as of the acquisition date, including interest, principal, mortgage insurance,
property taxes, homeowners insurance, homeowners’
association dues, if any, and a reasonable allowance for utilities, property maintenance, and repairs, not
exceeding an affordable housing costs as defined in
Section 50052.5 of the California Health and Safety
Code and California Code of Regulations Title 25,
Sections 6910-6924.
Affordable Unit or Affordable Ownership Unit: A
dwelling unit that is deed restricted to an Affordable Sales Price.
Area Median Income (AMI): The median family income
for Santa Clara County, adjusted for actual household
size, as determined annually by the California
Department of Housing and Community Development
(HCD) and based on data published by the U.S.
Department of Housing and Urban Development.
Applicant/Co-Applicant: The household applying to
purchase an Affordable Unit. Applicant may be used
herein to refer to the Applicant’s entire Household
and/or all adults in the Household, as the context
requires. “Primary Applicant” refers to the first-named party on the application form. The Primary Applicant is the first listed Applicant on a Program application and must be the primary person on the sales contract for the Affordable Unit. In addition, this person will be the
primary point of contact. “Co-Applicants” are all other adult members of the Household aged 18 years or older.
BMR Administrator: A third party to whom the City
assigns some or all of its responsibilities and obligations regarding the Program administration.
BMR Owner or Owner: Household that owns an
Affordable Unit.
City: The City of Los Altos or BMR Administrator
working on behalf of the City to implement these policies and procedures.
Developer: The person(s) or legal entity(ies), who also may be the property owner, who is seeking Residential
Development Project permits or approvals from the City
or developing a particular Residential Development
Project, in the City.
Domestic Partner: Domestic Partner is defined in Section 297 of the California Family Code. An individual is
considered a Domestic Partner of the Owner by
presenting the Declaration of Domestic Partnership filed with the California Secretary of State.
Eligible Household: A Household eligible to participate in the BMR Program, as further defined herein.
Eligible Purchaser: A person whose Gross Income does
not exceed the income category for the Affordable Unit
(as that income category is defined in the Affordable
Housing Agreement), who demonstrates that he or she
meets the following required criteria to the City’s
satisfaction:
1. Has sufficient funds to make the downpayment
and pay related buyer’s closing costs;
2. Is a first-time homebuyer, as defined below.
3. Is qualified for purchase financing;
4. Has the capacity to pay taxes, homeowner’s dues,
insurance, closing costs, and other related costs;
5. Has provided verification satisfactory to the City
of income, job history, residency history, and
qualification for any priority status under the
rating system that the City may establish from
time to time.
CHAPTER 1: INTRODUCTION
City of Los Altos | BMR Housing For-Sale Program Guidelines 3 HCD: the California Department of Housing and
Community Development or any successor agency.
Household: all persons who will be living together in the same housing unit, whether related or unrelated, over the age of 18, and dependents under the age of 18 who live
with a member of the household 50% of the time or
more.
Household Income: the combined gross annualized
income of all adult household members (aged 18 or
older), as further defined herein.
HUD: the United States Department of Housing and
Urban Development.
Low-Income Household: households with incomes at or
below the Low-Income limit published by HCD, which
is set at approximately 80 percent of Area Median
Income.
Marketing Plan: the document that describes marketing
for the Affordable Ownership Units and shall include, at a minimum, procedures and requirements for
determining eligibility, occupancy requirements, initial marketing policies, application process, income
verification requirements, annual ownership
certification, grounds and procedures for rejection of
ineligible applicants and eligibility termination.
Market Rate Unit: a dwelling unit where the rental rate or sales price is determined by the area’s current rate of monthly rent or sale value.
Maximum Resale Price: the maximum sale price for resale of Affordable Ownership Units. The formula used to
determine the price is outlined in each unit’s Resale
Restriction Documents.
Moderate-Income Household: households with incomes
at or below 120% of Area Median Income, as published
by HCD.
Primary Residence: the residence where a household lives at least ten out of any given twelve months and is the
household’s permanent address for purposes of income
taxes, the US Postal Service, driver’s license, and voter registration.
Resale Restriction Documents: Set of documents the
City executes with the buyers of Affordable Units
including the Resale Restriction with Option to
Purchase, Deed of Trust, Promissory Note, Notice of
Default, etc. that ensure compliance with the BMR
Program requirements.
Residential Development Project: Any development that
includes an application to the City for planning or
building permits to create one or more dwelling units, to convert non-residential uses to residential uses, or to convert residential units from rental to for-sale. As used in these Guidelines, “Residential Development” includes, without limitation, rental housing; for-sale housing;
mixed-tenure housing; mixed-use residential; detached
single-family dwellings; duplexes; triplexes; multiplefamily dwelling structures; condominium or townhouse developments; condominium conversions; and land
subdivisions intended to be sold or rented to the general public. However, accessory dwelling units and licensed
care facilities are excluded from the definition of
Residential Development.
Utilities: Utilities means garbage collection, sewer, water, electricity, gas, and other fuels used for heating, cooling, cooking, and refrigeration for a dwelling unit. Utilities do not include telephone, cable, or internet service.
Very Low-Income Household: Households with incomes
at or below the Very Low- Income limit published by
HCD, which is set at approximately 50 percent of Area
Median Income.
CHAPTER 2
DEVELOPER REQUIREMENTS
City of Los Altos | BMR Housing For-Sale Program Guidelines 4 Inclusionary Housing Requirements
for New Developments
All multi-family residential projects that create five or more new dwelling units shall, at minimum, provide Affordable Units as follows. Nothing in this informational guide or the Los Altos Municipal Code shall preclude a project
from providing additional Affordable Units beyond the
minimum. Calculations for the required Affordable Units shall be rounded up to the next whole number.
Multifamily
Development Type
Affordable Housing Requirement
Projects with
5 to 9 units
15% of the units (rental or ownership) shall be designated as affordable units.
Alternatively, applicants may request to pay an inclusionary housing in-lieu fee instead of providing onsite units.
Projects with
10 or more units
Rental: 20% of the total number of units shall be designated as affordable units.
Alternatively, applicants may request to pay an inclusionary housing in-lieu fee instead of providing onsite units.
Ownership: 15% of the total number of units shall be designated as affordable units.
Alternatively, applicants may request to pay an inclusionary housing in-lieu fee instead of providing onsite units.
Density Bonus
If a developer requests a density bonus, the same
Affordable Units may be used to satisfy both Density
Bonus Law and the City’s on-site inclusionary housing
requirement, but only to the extent those units meet the requirements of both programs. If the Affordable Units
provided for the density bonus do not fully satisfy the City’s inclusionary housing requirements, the developer must provide any additional inclusionary Affordable Units required by the City.
CHAPTER 2: DEVELOPER REQUIREMENTS
City of Los Altos | BMR Housing For-Sale Program Guidelines 5 BMR Affordable Housing Agreements
& Deed Restrictions
Affordable Unit Developers sign Affordable Housing
Agreements and Deed Restrictions (“AHA”) with the
City that outline the terms and conditions of their
participation in the BMR Program. Each AHA is unique
and has covenants that run with the land. AHAs shall
prevail over these Guidelines because they run with the land.
AHAs require Affordable Unit Developers to sell certain Affordable Ownership Units on the Property at
affordable housing costs to Eligible Purchasers.
Additionally, AHAs require that the Affordable
Ownership Units are constructed of similar quality as
market rate units in the project.
Term for Affordable Ownership
Housing
Affordable Ownership Units to satisfy the inclusionary
housing requirements of the Los Altos Municipal Code
shall be deed restricted for a term of 55 years.
Location and Design of Affordable
Housing Units
All Affordable Units shall be reasonably dispersed
throughout the residential development and consistent
with Federal and State fair housing laws, have a
distribution of units by number of bedrooms
proportionate to the market-rate units, and be of
comparable size based on net habitable square footage of the units. Affordable Units for seniors shall comply with applicable design requirements for senior housing.
Affordable Units shall be designed and constructed to be consistent with the market rate units in the project,
including comparable exterior design, interior design,
appearance, materials, and quality of finish. Affordable Units shall also have access to the same project parking, amenities, and recreational facilities available to marketrate units.
Timing of Delivery of Affordable
Housing
All Affordable Units in residential developments shall be constructed on-site concurrently with market rate units.
The Certificate of Occupancy for the Affordable Units
shall be issued no later than the Certificate of Occupancy for the market rate units. In phased developments, the
total Affordable Units requirement shall be calculated
based on the whole development; each phase shall include the required number of Affordable Units based on the
number of market-rate units in that phase; and on-site
units shall be developed concurrently with the marketrate units in each phase. For a residential mixed-use project with one or more phases, the Certificate of
Occupancy for the Affordable Units shall be issued no
later than the Certificate of Occupancy for the market
rate units in each phase.
CHAPTER 2: DEVELOPER REQUIREMENTS
City of Los Altos | BMR Housing For-Sale Program Guidelines 6 Determination of Sales Price
For each Affordable Unit in a project, the City establishes an Affordable Sales Price (“ASP”) as follows:
1. Calculates the assumed household size by
counting the number of bedrooms in the subject
Affordable Unit and adding one. For example, if
the unit is a two-bedroom unit, the assumed
household size is three.
2. Ascertains the current Area Median Income
(“AMI”) for the assumed household size. Income
limits are adjusted annually by the State
Department of Housing and Community
Development (HCD). The current Santa Clara
County Income limits are published and available
on the Santa Clara County website.
3. Multiplies by 0.30 the AMI applicable for Low
Income Households (70%) or Very- Low Income
Households (50%), or 0.35 for Moderate Income
Households (110% of AMI). Divides the
applicable product by 12, to derive a maximum
monthly Affordable Housing Cost (“AHC”).
4. Convert the AHC to an ASP as follows:
a. Obtains the estimated amount
available for first mortgage principal
and interest payment by subtracting
from the AHC the estimated cost of
property taxes, property insurance,
private mortgage insurance,
homeowner association dues (if any),
and allowances for utilities (which
shall be based upon the utility
allowances published by the Santa
Clara County Housing Authority in
connection with its implementation
of the federal Section 8 voucher
program) and for maintenance and
repairs (assumed to be 1% of the sale
price per year).
b. Using the amount available for
principal and interest, calculates the
maximum principal amount of the
first mortgage loan that can be
borrowed, assuming the interest rate
for a 30-year fixed-rate mortgage at
the “Prevailing Market Interest Rate”,
defined as the average 30year fixed
conventional mortgage rate published
by Freddie Mac in its Primary
Mortgage Market Survey for the week
immediately preceding the date of
calculation.
c. Sets the maximum sales price by
dividing the first mortgage loan
amount by a figure equal to the
percentage of the sales price that will
not be provided by the homebuyer as
down payment. On a transaction
where the mortgage amount is equal
to $200,000 and the homebuyer down
payment is 3%, the formula for
determining the maximum sales price
would thus read as follows:
Maximum Sales Price =
$200,000/.97
CHAPTER 3
MARKETING, LOCAL PREFERENCES, & RESIDENT SELECTION PLAN City of Los Altos | BMR Housing For-Sale Program Guidelines 7 Marketing Plan
The City will prepare a Marketing Plan and Affordable
Ownership Selection Plan for the Affordable Ownership
Unit(s). The plan will describe the marketing procedures, community outreach efforts, application process,
eligibility review, selection process, and coordination with the Developer. The City will also provide the
Developer with the Affordable Sales Price for each
Affordable Ownership Unit. The Developer only has
rights to review the Affordable Sales Price and does not have any approval rights.
Local Preferences
The City of Los Altos has established the following
preferences for Affordable Units:
First Priority (in no order of preference)
● Persons who are regular, full-time staff who are
employed by a school or school district serving
kindergarten through high school students for
public or charter schools within the City limits
and the following schools outside City limits:
Springer Elementary, Mountain View High,
Cupertino Jr. High, Homestead High School,
Alta Vista High, and West Valley Elementary;
● Persons who are regular, full-time City employees
as defined in the City’s personnel rules; and
● Persons who are regular full-time Santa Clara
County Fire Department employees who are
assigned to the two fire stations located in the
City of Los Altos.
Second Priority
● Persons who live and/or work in the City.
At the initial application for the Affordable Housing, the Applicant shall self-attest to any preferences. Preferences will be verified as part of the eligibility determination process.
During the initial sale of an Affordable Unit, an
Applicant household shall be eligible for a local
preference if at least one member of the Applicant
household satisfies the applicable local preference criteria.
For projects that have Federal funding such as Lowincome Housing Tax Credits and/or State funding, the above preferences will be applied to the extent allowed by such funding programs.
Acceptable Documents to Verify
Priority Tiers
Preferences must be met by the applicants and/or coapplicants that will be on title to the Affordable Unit.
Applicants claiming a preference must submit the
following documents to prove they meet a local
preference by the application deadline for the Affordable Unit lottery, in addition to the documents required as
part of the application submittal. The documents must
be current: if issued monthly, the most recent month’s
bill; if issued quarterly, not more than 90 days old. PO Boxes or private mailboxes such as Postal Annex cannot
be accepted as proof of meeting a local preference.
Applicants must meet the eligibility and qualification
criteria at the time of the lottery. Eligibility will be verified when and if a file is reached for review after the lottery and ranking of applications pursuant to the
lottery results.
CHAPTER 3: MARKETING, LOCAL PREFERENCES, & RESIDENT SELECTION PLAN City of Los Altos | BMR Housing For-Sale Program Guidelines 8 First Priority: Works for the City of Los Altos, School, or Santa Clara County Fire Department:
● A signed letter from the City of Los Altos
Human Resources Department verifying the
Applicant is a regular, full-time City employee.
The letter must include the Applicant’s start date
and regular hours worked per week.
● A signed letter from the school or school district’s
Human Resources Department verifying that the
Applicant is a regular, full-time school employee.
The letter must include the Applicant’s start date
and regular hours worked per week.
● A signed letter from the Santa Clara County Fire
Department Human Resources Department
verifying that the Applicant is a regular, full-time
employee assigned to one of the two fire stations
located in the City of Los Altos. The letter must
include the Applicant’s start date, regular hours
worked per week and assigned station.
Second Priority: Lives and/or works in the City of Los
Altos:
Applicants must provide at least one of the following
documents to verify residency or employment in the City of Los Altos:
● One current utility bill showing the Applicant’s
City of Los Altos residence address. Utility bills
may include gas, electricity, garbage, or water
service.
● A current paystub showing the Applicant’s City
of Los Altos work address.
● A current, fully executed lease showing the
Applicant’s City of Los Altos residence address.
● If the Applicant’s employer is not located in the
City of Los Altos, or if the Applicant’s paystub
does not show a City of Los Altos work address,
the Applicant must submit a signed and dated
letter from the employer’s Human Resources
Department confirming that the Applicant
works primarily in the City of Los Altos and that
at least 75 percent of the Applicant’s working
hours are performed in the City.
● Self-employed Applicants who work from a
home or business located in the City of Los Altos
must submit a copy of their current City of Los
Altos business license.
Accessibility Preference
If an Affordable Unit has accessibility features related to mobility, hearing impairment, or sight impairment,
Applicants who can demonstrate a need for the features
will receive a preference for those units. The need for the specific accessibility feature or features must be
documented by a medical professional, though this letter does not need to spell out the specific nature of the
applicant’s disability.
CHAPTER 3: MARKETING, LOCAL PREFERENCES, & RESIDENT SELECTION PLAN City of Los Altos | BMR Housing For-Sale Program Guidelines 9 Selection Process
All Applicants who submit a complete application by the required deadline will be entered into a lottery. After the lottery is conducted, the lottery results will be organized according to the local preference tiers for which each
Applicant household qualifies, as described in the Local Preferences section above.
The City does not maintain a waitlist for for-sale
Affordable Units. However, the City may maintain an
interest list. When a for-sale Affordable Unit becomes
available, individuals on the interest list will be notified by email of the purchase opportunity.
Following the lottery, the City will begin a more detailed application review and eligibility determination process.
Eligible Households will be offered an Affordable Unit
that is appropriate for their household size, based on
lottery order and preference tier ranking.
After a one-year period from when a lottery is held, a new lottery will generally be held each time a for-sale
Affordable Unit becomes available and the applicable
preference tiers will be applied each time a lottery is conducted.
How the Lottery Works
1. Submit an application. Applicants must submit a
complete application by the required deadline to
be included in the lottery.
2. Random lottery numbers are assigned. The City
will conduct a random lottery. Each complete
application will receive a lottery number, which
establishes the Applicant’s order within the
general lottery.
3. Preference tiers are applied. After lottery
numbers are assigned, the City will determine
which Applicants qualify for a local preference
tier. Applicants who qualify for a preference tier
will be placed within that tier in lottery number
order. Applications within each preference tier
will be considered before applications that do not
qualify for a local preference.
4. Lottery results are published. The City will make
the lottery results available after the lottery is
completed. The results will show the order in
which applications will be reviewed, based on
lottery number and applicable preference tier.
5. Applicants are contacted in order. The City will
contact Applicants in the order established by the
final lottery results and applicable preference
tiers. Applications will be reviewed and processed
in that order until all available Affordable Units
in the project have been assigned.
CHAPTER 4
DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 10 Prospective buyers of any Affordable Unit governed by
these Guidelines must be certified eligible for the BMR Program by the City prior to buying any Affordable Unit and are subject to annual monitoring for as long as they continue to own an Affordable Unit. The eligibility
criteria for the BMR Program are set forth below.
Prospective owners shall complete an eligibility
application form and submit the necessary
documentation needed to determine eligibility to the
City for the Affordable Unit. Applications that are
incomplete will be returned to the applicant with a
checklist of missing items and will not be reviewed
further until all required items are included and it is deemed complete. After initial review, the City may
request additional information from the Applicant.
Eligibility Criteria
The following are the eligibility criteria for Affordable Units. Applicants/Households must:
1. Be first-time homebuyers;
2. Intend to reside in the home as their primary
residence;
3. Meet the income eligibility requirements for the
unit being applied for;
4. Meet any asset eligibility requirements;
5. Meet the occupancy standards for the unit being
applied for;
6. Not have a conflict of interest;
7. Not own residential real estate; and
8. Complete a homebuyer education course.
First-Time Homebuyer
Applicants must be a “First-time Homebuyer” which
means a person who has not owned a residential property during the three-year period before the purchase of an
Affordable Unit regardless of whether the individual’s
interest in such property results in a financial
gain, such property is in another state or country, or
whether the property was used as the primary residence.
Exceptions include:
● An individual who owned a home with a former
spouse or Domestic Partner during their prior
marriage or partnership.
● An individual who has owned a principal
residence that was not permanently affixed to a
permanent foundation, according to applicable
regulations.
● An individual who has owned a property that was
not in compliance with state or local building
codes, and which cannot be brought back into
compliance for less than the cost of constructing
a permanent structure.
● Timeshares.
● Loan co-signers from previous real estate
transactions if the applicant was not on title and
there was no financial gain for the applicant
● Acting solely as a trustee with no beneficiary
interest in a trust that includes residential
property, subject to verification of income and
assets from the trust.
● Being a named beneficiary of a trust that includes
a residential property, but only if the trustor is
living at the time.
● Ownership of shares in a not-for-profit limited
equity co-op (rental income, if any, will be
included when determining eligibility).
To verify First-time Homebuyer status, 3-years of federal tax returns will be reviewed to confirm that the applicant has not claimed any of the tax deductions associated with homeownership (e.g., deductions of mortgage interest or property tax payments).
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 11 Primary Residence
The Household must occupy the Affordable Unit as its
sole and primary residence. By signing the application, the Applicant acknowledges the Primary Residence
requirement and agrees that residency will be monitored annually.
Occupancy Standards by Unit Size at Occupancy
The minimum occupancy standard for Affordable Units
is one person per bedroom. The household size for an
Affordable Unit may not exceed two people per
bedroom, plus one. For example, in a two-bedroom unit,
the maximum household size that could occupy the unit
would be five (5) people. While certain types of live-in care givers are not considered a part of the household for income eligibility purposes, they would be considered a part of the household for determining the number of
bedrooms required for a household. To qualify as a livein aide, the City must verify the need for the live-in aid by obtaining a letter from the person’s health care provider.
Unit Size
Minimum
Household
Size
Maximum
Household
Size
Studio 1 2
1 bedroom 1 3
2 bedrooms 2 5
3 bedrooms 3 7
4 bedrooms 4 9
Some households may qualify for a range of unit sizes
(e.g., a 3-person household may qualify for a 1-, 2- or 3- bedroom) and may choose among those for which they
qualify, assuming they can afford the unit. The
marketing or leasing agent will review household size and notify Applicants of the unit sizes for which they are
eligible. Any question about eligibility for a particular unit size shall be brought to the City to resolve.
Conflict of Interest
The following persons are ineligible to purchase an
Affordable Unit:
● All employees and officials of the City who have
by the authority of their position, policy-making
authority or influence over the City of Los Altos
housing programs.
● The developer of the Affordable Unit to be
purchased.
● The immediate relatives, employees, and anyone
gaining significant economic benefit from a
direct business association
Ownership of Residential Real Estate
Applicants that own their primary residence or other
residential property that produces income are ineligible for an Affordable Unit. If an applicant owns property
that does not produce income, the equity will be imputed and included in the asset calculation.
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 12 Income Eligibility
To participate in the BMR Program, an Applicant’s
household income must be no greater than the allowed
household income for the unit being applied for, by
household size, as provided by the State Department of
Housing and Community Development (HCD). The
current Santa Clara County Income limits are published
and available on the Santa Clara County website, which
are adjusted annually.
Determination and Verification of Household Size
The Household size is defined as the total number of
residents who intend to live together in the Affordable Unit. The Applicant must provide documentation
outlining the current residency of the household
members, such as tax returns, birth certificates, marriage certificates, and school records. Where documentation is unavailable or an Applicant household will include
members not already living together, a signed affidavit by all adult household members will be required. If it is
found later that a person named in the affidavit is not living in the Affordable Unit, the Household will be
considered out of compliance.
A household consists of all persons living together in the same housing unit, whether related or unrelated, over the age of 18, and dependents under the age of 18 who live
with a member of the household 50% of the time or
more, as indicated on a valid court custody documents
and current school registration documents, and/or must
be listed as a dependent child on that party’s tax returns.
Households may also include the following:
● Temporarily Absent Family Members: The
income of temporarily absent family members is
counted towards the household income,
regardless of the amount the absent member
contributes to the household.
● Adult Students Living Away from Home: If the
adult student is counted as a member of the
household in determining the household size (to
compare against the HUD income limits), the
first $480 of the student’s income must be
counted in the family’s income. Note, however,
that the $480 limit does not apply to a student
who is the head of household or spouse (their full
income must be counted),
● Permanently Absent Family Members: If a family
member is permanently absent from the
household (e.g., a spouse who is in a nursing
home, or incarcerated), the head of household has
the choice of either counting that person as a
member of the household and including income
attributable to that person as household income
or specifying that the person is no longer a
member of the household.
● Unborn/Adopted Child: An unborn child can be
counted in the household size once there is
medical confirmation of the pregnancy. A child
in the adoption process can be counted with
verification of the adoption process.
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 13 The following are not considered part of the household
for the purpose of determining income eligibility:
● Live In Aide/Children of Live In Aide: A live-in
aide is a person who resides with one or more
elderly persons, near-elderly persons, or persons
with disabilities, and who is determined to be
essential to the care and well-being of the
person(s), is not obligated for the support of the
person(s) and would not be living in the unit
except to provide the necessary supportive
services. To qualify as a live-in aid, the City must
verify the need for the live-in aide by obtaining a
letter from the person’s health care provider. The
City will not require Applicants to provide access
to confidential medical records or to submit to a
physical examination. Income of a live-in aideis
excluded from the household income.
● Foster Children/Foster Adult: Documentation
from the relevant foster care agency is required to
confirm this relationship.
Determination & Verification of Household Income
A household’s income is defined as the projected
combined gross annual income of all household members
aged 18 and over. The definition of income shall be the same as the federal definition found in 24 CFR Part 5
(commonly known as the “Section 8” definition). As
specified in 24 CFR Part 5, the income derived from any assets shall be included in the income calculation. Income determination is based on the “Technical Guide for
Determining Income and Allowances for the HOME
Program” as updated from time to time by 24 CFR 5.603
and 5.609. If units are governed by another program such as Low- Income Tax Credits or other programs that
include affordability restrictions that have different
procedures to determine income, those regulations shall apply.
A “snapshot” of the household’s current circumstances
will be used to project future income. An assumption
should be made that today’s circumstances will continue for the next 12 months unless guaranteed evidence to the contrary.
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 14 Income Inclusions and Exclusions
The following is included in the calculation of gross
annual household income:
Type of Pay Documentation
Wages and salaries, overtime pay, commissions,
fees, tips, bonuses, and other compensation for
personal services, before payroll deductions
3 most recent months of pay stubs
Most recent year’s complete income tax return
(Need 3 years tax returns if City requires First
Time Buyer status for ownership units)
Net income from the operation of a business or
profession or from the rental of real or personal
property (without deducting expenditures for
business expansion or amortization of capital
indebtedness)
Most recent year’s complete income tax return
plus a Self-Employment Affidavit
Interest and dividends 3 most recent months of bank statements Payments received from Social Security,
annuities, insurance policies, retirement funds,
pensions, disability or death benefits, and other
similar types of periodic receipts
Documentation showing the amount received
each month
Unemployment, disability compensation, and
severance pay
Documentation showing the amount received
each month
Payments received as public assistance Documentation showing the amount received each month
Periodic and determinable allowances, such
as alimony and child support payments, and
regular contributions or gifts received from
persons not residing in the home
Interlocutor decree which indicates specified
payment or proof of non-payment (lien filed)/
documentation showing amount received each
month
All regular pay, special pay, and allowances
of a member of the Armed Forces (whether or
not living in the dwelling) who is the head of
household or spouse
Copies of the last 3 months’ paychecks or other
verification of employment and income
Full-Time Students over the age of 18
Earnings up to $480. Copies of last 3 months’
paychecks. Transcript/school registration that
shows full-time enrollment.
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 15 Income documentation needs to be current, generally
defined as less than 120 days old. The City reserves the right to request more documentation if the above
information is not sufficient to give accurate
determination. In that case, up to 12 preceding months
may be required to determine income. Depending on the
situation, additional documentation such as letters or
affidavits may be requested as needed.
A written statement from the administrator of another
government program under which the household receives
benefits, and that examines the annual (gross) income of the household each year may be used as documentation
of income in lieu of collecting the documentation
described above. The statement must indicate the
household size and its total gross income.
Tax Returns
The prior year’s tax return is required from each adult household member to assist with income verification as a reference point for reasonableness. Tax returns and tax transcripts must be signed and dated by the taxpayer.
Since income is projected forward, taxes are not used for calculating income, except for self- employment income
in some cases. If a household member does not file taxes, the household member must complete a non-tax filer
affidavit and Form 4506-T to obtain a transcript or
statement of non-tax filing.
If the household member cannot produce a transcript or
statement using the mail, phone or online methods,
property management staff can witness the request by
having the Applicant call, mail, or go online from the
property management office.
The following include items that shall not be considered income:
1. Casual, sporadic, or irregular gifts.
2. Amounts specifically for, or in reimbursement of,
medical expenses.
3. Lump-sum additions to family assets, such as
inheritances, insurance payments, capital gains,
settlement for personal or property losses (these
are considered assets-see below).
4. Amounts of educational scholarships paid
directly to the student or the educational
institution, and amounts paid by the government
to veterans for use in meeting the cost of tuition,
fees, books, and equipment.
5. Special pay to a serviceman head of household
away from home and exposed to hostile fire.
6. Relocation payments.
7. Foster child or foster adult care payment.
8. Medicaid payments or other government agency
caregiver payments to enable disabled family
member to reside in family home.
9. Amounts specifically excluded by state or federal
statute from consideration as income.
10. Rent subsidies provided by government
programs, such as a Housing Choice Voucher
(Section 8), short term rental relief, and other
sources, are excluded from income.
11. Payments for certain Volunteer Programs under
Action Agency (VISTA, SCORE, etc.).
12. Amounts received under training programs
funded by HUD.
13. Earnings in excess of the limits set by HUD for
full-time students over age of 18.
14. Income from employment of children under the
age of eighteen.
15. Income from live-in aide.
16. Income and distributions from qualified tuition
savings plans (ex. 529 accounts).
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 16 Method of Calculating Income
Annual Income shall be calculated by using one of the
following methods for each source of income:
Pay Stub Averaging
Determine the basis on which employees are paid
(hourly, weekly, or monthly, and with or without
overtime). Calculate the total of 3 months’ worth of pay stubs and multiply by 4 to get an annual figure. Be careful of those who get paid “twice a month” which may be
paid either twice a month (24 times a year) or every two weeks (26 times a year). An annual salary is counted as annual income regardless of the payment schedule. For
example, if a teacher’s annual salary is $30,000, this is the annual income regardless of whether the teacher is paid over a nine- or 12-month period.
Year to Date Annualization
Irregular income such as tips, commissions, bonuses,
overtime are annualized by taking total year to date and divide by how many weeks the total spans to calculate
weekly average and multiply by 52 for annual amount.
Alternatively, applicants can also provide documentation from the employer that describes frequency and amount
of irregular income.
Variations in Pay
For those whose annual employment is less stable or does not conform to a twelve-month schedule (e.g., seasonal
laborers, construction workers), examine income
documentation that covers the entire previous twelvemonth period.
Self-Employment
Use the net income from the operation of a business or
profession including self-employment income. Selfemployment also includes contract work and “gig” work.
Net income is gross income less business expenses,
interest on loans, and depreciation computed on a
straight-line basis. Those with self-employment income
must supply the most recent year’s tax return and
complete a Self-Employment Affidavit. The SelfEmployment Affidavit shall be used to document projected net self-employment business income for the
following 12 months. Additional documentation, such as
business bank statements, may be requested to clarify
income.
In addition to net income, owners must count any
salaries or other amounts distributed to family members from the business, and cash or assets withdrawn by family members, except when the withdrawal is a
reimbursement of cash or assets invested in the business.
When calculating net income, owners must not deduct
principal payments on loans, interest on loans for
business expansion or capital improvements, other
expenses for business expansion, or outlays for capital improvements.
If the net income from a business is negative, it must be counted as zero income. A negative amount must not be
used to offset other family income.
Commercial Property Income
The net income or rent received from any commercial
property or land owned by any applicant shall be
calculated using the most recent year’s tax return.
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 17 Unemployment
Unemployed applicants submit an affidavit in place of
pay stubs. Unemployment payments are considered
income and should be annualized.
Interest and Dividends
Average 3 months of account statements. Additional
information may be requested about any unusual
deposits.
Regular Monthly Payments
Use stub or award letter to determine monthly payments
such as Social Security, disability, pension, child support, etc., and multiply by 12. Count the total income before any deductions.
Calculating Income from Assets
Assets are defined as cash or non-cash items that can be converted to cash. Assets have both a market value and a cash value. The market value of an asset is simply its
dollar value on the open market. For example, the market value of a share of stock is the price quoted on the stock exchange on a particular day. A property’s market value is the amount it would sell for on the open market. This
may be determined by comparing the property with
similar, recently sold properties.
An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including penalties or fees for converting financial holdings. Any penalties, fees, or transaction charges levied when an asset is converted to cash are deducted from the market value to determine its cash value (e.g., penalties charged for premature withdrawal of a certificate of deposit, the
transaction fee for converting mutual funds to cash or
broker fees for converting stocks to cash), In the case of real estate, the cash value is the equity based on the
market value less the unpaid balance of all loans and liens and all reasonable costs incurred to sell the unit.
Only the cash value (rather than the market value) of an item is counted as an asset. If more than one person owns an asset, the value of the asset should be prorated
according to the Applicant’s percentage of ownership.
Assets include:
● Cash in accounts (checking and savings accounts,
safe deposit boxes, and elsewhere)
● Cash value of stocks (including options), bonds,
treasury bills, certificates of deposit, mutual
funds, money market accounts, and revocable
trusts
● Cash value of life insurance policy available to the
individual before death
● Equity in real property or cooperatives
● Personal property held as an investment such as
gems, jewelry, coin and art collections, antiques,
and vintage and/or luxury cars
● Lump sum or one‐time receipts, such as
inheritances, capital gains, lottery winnings,
victim’s restitution, insurance settlements, gifts,
and other amounts not intended as periodic
payments
● Mortgages or deeds of trust held by the individual
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 18 The following Assets are included in the calculation of gross annual household income:
Type of Asset Documentation
Checking Account Copies of three most recent statements showing all deposits, interest earned, and balances.
Savings Account, Mutual Fund / Money
Market Fund, Certificates of Deposit Copy of statement(s) of current value Stocks, including Options
Copy of statement(s) of current value; stock
prices attach a copy of recently dated newspaper
or online source that shows the value of each
company’s stocks
Bonds, including Savings Bonds Copies of each and value Life Insurance Copy of policy and two most recent statements Gift Notarized gift letter
Personal Loan Letter or loan agreement
Other Third party documentation to verify the amount
of the asset
Assets can generate income, and for the purpose of
determining an applicant’s income, the actual income
generated by the asset (e.g., interest on savings or
checking account) is what counts, not the value of the
asset.
Assets do not include:
● Company pension and retirement plans
● Dedicated education funds/savings accounts,
such as 529 plan college savings accounts
● Funds dedicated to federally recognized
retirement programs such as 401(k)s, 403(b)s,
and IRAs or future/potential pension benefits
or insurance proceeds held in accounts not
currently owned and controlled by the
applicant.
● Any assets not effectively owned by the
applicant, i.e., when assets are held in the
individual’s name, but assets and any income
they earn accrue to the benefit of someone
else who is not a member of the household,
and that other person is responsible for
income taxes incurred on income generated
by the asset.
● Assets that are part of active business (not
rental property).
● Necessary personal property including cars,
furniture etc.
CHAPTER 4: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing For-Sale Program Guidelines 19 Imputed Income from Assets
When the total value of net household assets is $50,000 or more (as adjusted by HUD annually) and the actual
income from an asset cannot be calculated, the income
can be imputed by applying the HUD passbook savings
rate to the asset (.045% starting January 2025). If the actual income from an asset cannot be determined and
the total net household assets is less than $50,000, do not impute the income of the assets.
Maximum Assets
Applicants that own their primary residence or residential real estate that produces income are ineligible for the BMR Program. If the property is a vacation home, or
other non-income producing real estate, an exception
may be allowed by the City, and the equity will be
imputed and included in asset calculation.
For Affordable Units deed restricted exclusively by the City of Los Altos, the following are the maximum asset
limits:
● Assets of a BMR Owner cannot exceed thirty
percent (30%) of the purchase price of the
Affordable Unit or $150,000, whichever is lower.
The assets to be included or excluded are the same as used to calculate income from assets in the income eligibility section, above.
Eligibility Forms
“Eligibility Forms” are the typical application forms used to document income and eligibility for BMR Program
Applicants. The City will use the most current forms
available from the California Tax Credit Allocation
Committee (CTCAC), or substantially similar forms
approved by the City.
Dates on Forms
Forms prepared and/or signed after the effective date of certification shall be signed with the current date and include the following statement “True and Correct as of (insert effective date). The statement must be initialed by the Applicant(s). Backdating of forms is not permitted.
Application Changes after Submission
Changes to an application after submission are only
allowed in the following limited circumstances:
● Removal of an applicant in the case of death,
divorce or dissolution of marriage or domestic
partnership;
● Addition of an Applicant’s Spouse or Domestic
Partner, a newborn child, or a new Household
member in the case of a legal adoption or new
legal guardianship (including foster children);
● Update of income qualifications, such as a new
job or a job that has ended; and/or
● Correction of technical errors, such as current
phone number or other non-qualifying
information.
Applicants must ensure the completeness and accuracy of their application before submission. The City has sole
discretion to approve of any changes.
CHAPTER 5
HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 20 General Requirements
Resale Restriction Documents
BMR Owners must execute the City’s Resale Restriction
Documents which include the Deed of Trust, Promissory
Note, Affordability Covenants, Resale Restriction, and
Purchase Option, or other documents requested by the
City (“Resale Restriction Documents”). The Resale
Restriction Documents include the BMR Program
requirements including owner occupancy, prohibition of
renting unit, maintaining unit and the procedures to sell the unit, refinance, title transfer, and monitoring and compliance measures.
Owner Occupancy
The Affordable Unit shall be the owner’s principal place of residence. To be considered as a principal place of
residency, the owner shall live in the unit for at least 10 months out of each calendar year. In emergency or
hardship situations, a temporary waiver may be granted
on a case-by-case basis for a short period of time
(generally a maximum of one year) by the City. The City requires the Owner to submit an annual certification of occupancy providing requested documentation.
Insurance
The Owner must obtain and maintain a standard
homeowner’s insurance policy, with the City named as
an additional insured for the Affordable Unit. The
Owner must ensure that the City receives a copy of
evidence of insurance on at least an annual basis.
Homeowner’s Exemption
The Owner must continuously claim a homeowner’s
exemption for property taxes for the Affordable Unit.
Maintenance Of Home
The BMR Owner shall not damage or destroy the
Affordable Unit and shall maintain the Affordable Unit
in compliance with all applicable laws, ordinances, and regulations.
CHAPTER 5: HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 21 Pricing Units
Initial Maximum Affordable Sales Price
The Affordable Sales Price of the Affordable Unit shall be calculated by City staff and finalized when the
Affordable Housing Agreement between the Developer
and the City is executed, using the assumptions outlined below. The following chart shows how the total monthly
affordable housing cost is calculated by income category:
Income Category
Maximum
Income
(Percent of
AMI)
Percent of
AMI Used for
Calculating
Affordable
Housing Cost
Percent of Income
Used
to Calculate
Affordable Housing
Cost
Very Low-Income 50% 50% 30% of Income
Low-Income 80% 70% 30% of Income
Moderate-Income 120% 110% 35% of Income
Assumptions
Once the total monthly affordable housing cost
allowance from above is calculated, the following
assumptions are used to determine the components of
the monthly housing costs and establish the initial sales price.
1. Household Size: The income for household
size shall be the number of bedrooms plus one
person, meaning one person for a studio, two
persons for a one-bedroom unit, three persons
for a two-bedroom unit, four persons for a
three-bedroom unit, and five persons for a
four-bedroom unit.
2. Down payment: Three percent (3%)
3. Mortgage Term: 30 years, amortized
4. Mortgage Interest Rate: The average 30-year
fixed conventional mortgage rate published by
Freddie Mac in its Primary Mortgage Market
Survey for the week immediately preceding the
date of calculation.
5. Property Taxes: 1.15% of sales price divided by
12 6. Hazard Insurance: $75
7. Mortgage Insurance Premium (MIP): 0.5% of
loan amount divided by 12
8. Maintenance: Approximately 1% of the sales
price
9. HOA/Condo Dues: The estimated or actual
dues proposed for the unit from Developer.
10. Utility Allowance: Schedule issued annually by
the County of Santa Clara.
CHAPTER 5: HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 22 Maximum Affordable Sales Price Upon Resale
The City will calculate Maximum Resale Price for the
Affordable Unit, which shall be the lowest of the
following: (a) the Increased Base Price (defined below); or (b) the Fair Market Value (defined below).
The “Increased Base Price” means the purchase price that Owner paid for the Affordable Unit, increased by the
percentage change in the Area Median Income, from the
original purchase date of the Affordable unit by the
Owner to the date of notification for a “Transfer” as
defined in the City’s Covenants.
The “Fair Market Value” shall be determined by (a)
agreement of the City and the Owner; or (b) if either
party declares an impasse in discussion of fair market
value, by appraisal by a qualified, licensed appraiser with at least five (5) years’ experience appraising residential properties, to be appointed by the City and paid for by the Owner out of escrow.
Adjustments to Maximum Resale Price
The Increased Base Price shall also be adjusted for the “Value of Capital Improvements”. The “Value of Capital
Improvements” shall mean the value of real property (as defined in Civil Code Section 658): (1) made or installed by or under the direction of the Owner; (2) with an initial cost of Two Thousand Dollars ($2,000) or more; (3)
which can be documented by the Owner to the
reasonable satisfaction of the City; and (4) which the City or the Administrator approved in writing in advance
(unless the improvements were otherwise ordered,
directed, or required by a court of competent jurisdiction or anyone acting under statutory authority, or unless the City agrees, subject to its reasonable discretion, that the improvements were necessary in the interest of health or safety and were required to be made or installed under
circumstances such that obtaining advanced approval was not reasonably practicable). The value of such
improvements to be considered in calculation of the
Increased Base Price shall be a reasonable value agreed upon by the parties, or, if no agreement is reached, the appraised market value of the improvements when
considered as additions or fixtures to the Affordable Unit (i.e., the amount by which said improvements enhance
the market value of the Affordable Unit at the time of
sale or valuation). The adjustment to the Increased Base Price for such improvements shall be limited to the
increase in value and shall be determined by the City and the Owner, or, in the event of a failure to agree, by an independent residential appraiser selected by the Owner from a list of appraisers established by the City. The cost of the appraisal shall be borne by the Owner. If the City fails to provide or maintain a list of approved appraisers, the Owner may select an appraiser, subject to approval by the City, which the City shall not unreasonably deny,
condition, or delay.
The Increased Base Price shall be decreased by (a) the cost of repair to bring the Affordable Unit into compliance
with any governmental law or ordinance (including local building codes), provided, however, that this shall not include any repair or retrofit of any non-code-compliant items which existed when the Owner took title to the
Affordable Unit; (b) the cost to repair any damage caused by infestation of wood-destroying pests specified by a
licensed structural pest control operator (including any costs associated with ridding the Affordable Unit of such insects); (c) the cost to repair associated with curing any other insect infestation recommended by a licensed
structural pest control operator; and (d) the cost to
render the Affordable Unit “broom clean” and habitable
for residential purposes, including but not limited to any needed roof repairs or replacement and any repairs
needed to place plumbing, electrical, heating, air
conditioning, or appliances in good order and operating condition.
CHAPTER 5: HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 23 Loan Requirements
Loan Terms
The first mortgage used by the applicant(s) must be for no more than a 30‐year term. Loans must also be fixed
rate and fully amortizing. Balloon payments, negative
amortization, adjustable and/or non‐prime interest rate loans, prepayment penalties, and stated‐income loans are prohibited. The City, in its sole discretion, may identify other prohibited loan characteristics.
Down Payment
The applicant must be able to make at least three percent (3%) down payment from the borrower’s own funds,and
the maximum down payment shall be 30% of the
Affordable Sales Price. The applicant’s down payment
funds must be held in an account in the applicant’s name for at least six months prior to submitting this
application. Funds used for the three percent (3%) down payment may not be used for closing costs. The applicant is responsible for paying any applicable closing costs
however, gift funds may be used for closing costs.
Gift Funds
The applicant may use gift funds that do not exceed 20
percent of the Affordable Sales Price. Gift funds may not be used for the three percent (3%) down payment
requirement. All gifts must be clearly identified in a gift letter which must be submitted with the application that includes the following:
1. The amount of money being provided.
2. The relationship of the giver to the applicant.
3. Statement, under penalty of perjury, that the applicant is not required nor expected to repay the funds, nor is the giver to hold title for the Affordable Unit, in
whole or in part, upon the close of escrow or in the
future.
4. Attached to the letter, the applicant must provide
documentation of the funds to be gifted (e.g., most
current account statements).
Title/Ownership
Affordable Units may be vested in any form if all adult members of the household are titleholders and appear on title as a fee owner for the Affordable Unit. Co-signing for a loan for Affordable Units by a non BMR household
member is not allowed.
Home Buyer Education
Completion of a first-time homebuyer education course
is required within 12 months prior to closing the
purchase of an Affordable Unit. This course may be
completed by one of the applicants. Staff will provide
applicants with a list of the approved courses.
CHAPTER 5: HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 24 Permitted Transfers
Owners who wish to make any change to title must
notify the City in writing before the change occurs. The Owner must provide written notice to the City at least
ninety (90) days before the proposed transfer. If a transfer occurs because of inheritance or the death of an Owner, the City must be notified within ninety (90) days after the Owner’s death. The transfers described below may be permitted, provided that the Owner complies with the
notice, documentation, and approval requirements in
this section. All Owners, heirs, transferees, and successors in interest remain bound by the Resale Restriction
Documents.
Transfer To Spouse, Domestic Partner, Or Co-Owner
An Owner may add a spouse or Domestic Partner to title
if the Owner marries or entersa domestic partnership and the spouse or Domestic Partner will become a co-owner
of the Affordable Unit. The Owner must submit a
marriage certificate or Domestic Partner registration to the City for review before the transfer occurs. Adding any other person to title is prohibited unless the City grants prior written approval.
A transfer between spouses as part of a dissolution
proceeding, or between Domestic Partners as part of the dissolution of a domestic partnership, may be permitted.
The Owner must submit the applicable dissolution
documents to the City for review.
Upon the death of a co-owner, the City may require the
surviving co-owner to execute an addendum to the City’s Resale Restriction Documents, under which the
surviving co-owner assumes the same rights and
responsibilities under those documents as the original
Owner.
Transfer To A Trust
If an Owner wishes to place the Affordable Unit into a
trust, the Owner must submit a copy of the trust
documents to the City for review and approval before the transfer occurs. No provision of the trust may conflict with the Resale Restriction Documents. The City may
require revisions to the trust documents before approving the transfer. If the City does not approve the trust and the transfer occurs, the transfer will be considered an ineligible transfer and a default under the Resale
Restriction Documents.
Transfer By Inheritance
If the Owner dies and there is no surviving co-owner, an heir must provide written notice to the City within
ninety (90) days after the Owner’s death. If the heir
wishes to own and occupy the Affordable Unit, the heir
must submit income and asset documentation to the City
for review. If the heir is verified as income and asseteligible, the heir must execute new Resale Restriction Documents for a new fifty-five (55) year term. If the heir is not income eligible, exceeds the maximum asset limit, or chooses not to own and occupy the Affordable Unit,
the Affordable Unit must be sold to another Eligible
Purchaser in accordance with the Resale Restriction
Documents.
If the heir was a current Household member at the time
of the Owner’s death, the heir may occupy the
Affordable Unit for up to one (1) year before either
qualifying to inherit the Affordable Unit as an Eligible Purchaser or selling the Affordable Unit in accordance
with the Resale Restriction Documents. The heir shall be entitled only to the BMR Owner’s proceeds from the sale or transfer.
CHAPTER 5: HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 25 Resale Process
Owners of Affordable Ownership Units must notify the
City of their intent to sell or transfer the Affordable Ownership Unit before marketing (if any) occurs in
accordance with the notice periods noted above in the
Permitted Transfers section. The City has the first option to purchase the Affordable Ownership Unit, at the
Maximum Resale Price, and may choose this option. The
City will inform the Owner if it exercises its first option in the City Response Letter.
If the City elects not to purchase the Affordable
Ownership Unit, the City staff will work with the Owner for the resale or transfer process. The City has the right to inspect the property and will determine the Maximum
Resale Price and will provide the Maximum Resale Price
to the Owner, good for six months. The Maximum
Resale Price is dependent on the formula outlined in the property’s Affordability Covenants, Resale Restriction, and Purchase Option Agreement. Please note that the
Owner may not be able to achieve the Maximum Resale
Price if no Eligible Purchaser is willing to pay that price, or there are adjustments to the price given the condition of the Affordable Ownership Unit. It is expected that the Owner will sell the Affordable Ownership Unit to an
Eligible Purchaser, in habitable condition. Eligibility will be certified by the City, using the guidelines provided herein.
The City will work with the Owner to market the
Affordable Ownership Unit in accordance with the City
local preferences and lottery selection process stated in Chapter 3 of these guidelines. The City shall continue
offering the Affordable Ownership Unit to Applicants in the lottery order until an Eligible Purchaser is approved by the City and closes escrow.
If the Owner does not follow the procedures outlined
above or sells the Affordable Ownership Unit at an
unrestricted (market) price, the Owner shall pay the
excess sales proceeds of the sale to the City, as provided in the Affordability Covenants, Resale Restriction, and
Purchase Option Agreement.
CHAPTER 5: HOMEOWNERSHIP PROVISIONS
City of Los Altos | BMR Housing For-Sale Program Guidelines 26 Annual Certification of Owner
Occupancy
Participation in the BMR Program has the following
requirements and restrictions, which are spelled out in the Resale Restriction Documents.
● The Affordable Unit must be the BMR Owner’s
primary residence (owner-occupied) and remain
occupied by the BMR Owner for the term of the
Resale Restriction Documents and may not be
rented out or sublet.
● The BMR Owner is required to maintain
adequate property insurance on the Affordable
Ownership Unit.
● The BMR Owner will submit an annual
certification, evidencing primary residency and
insurance coverage.
The City will annually mail or electronically send Owners a letter/notification requesting documentation to show
compliance with the requirements of the BMR Program.
The letter/ notification from the City will include a list of the types of documentation required at that time, which will include a self-certification of occupancy and
document(s) verifying owner occupancy which may
include insurance statements, DMV vehicle license and
registration documents, personal income tax forms, and
utility or property bills, showing the BMR Owner’s name and the home address.
If the Owner fails to perform an annual certification
within 90 days of receiving their annual letter, they may be fined $1,000. The City shall continue to fine the
Owner an additional $1,000 for every 30-day period that passes without resolution or response to the City’s
requests. If unpaid by the Owner, the City shall take steps to assess these fines as a special assessment against
Affordable Unit.
End of Affordable Unit Term
If the Owner has complied with the Resale Restriction
Documents throughout the full term of affordability and has not sold or otherwise transferred the Affordable Unit prior to the expiration of that term, the Affordable Unit shall be released from the Resale Restriction Documents and the City Deed of Trust. Upon the Owner’s request,
the City shall record a release of the Resale Restriction Documents and a reconveyance of the Deed of Trust.
Following recordation of such release and reconveyance, the Affordable Unit shall be deemed a market-rate home, and the Owner shall no longer be subject to the Resale
Restriction Documents, including these Guidelines.
CHAPTER 6
PROGRAM COMPLIANCE
City of Los Altos | BMR Housing For-Sale Program Guidelines 27 Burden of Proof of Eligibility
All applicants bear the burden of proof to demonstrate
that their Household meets all the Program Eligibility
Requirements by submitting complete applications with
all required Valid Third- Party Documentation. Failure
to adequately demonstrate such eligibility, by providing incomplete applications or otherwise not complying with these Guidelines or associated application instructions, will result in a determination of ineligibility and denial of Program benefits.
Program staff is not required to prove that Applicants are ineligible, only that they failed to adequately demonstrate their eligibility in their application, and/or failed to submit a complete application, failed to secure adequate financing, or failed to deposit required down-payment
and closing cost funds into escrow.
The City may contact any source provided by Applicant
or included in his/her application to verify Applicant
information, and/or request information from those
sources named or described generally on the Program’s
Authorization to Release Information Form included in
application forms.
False Statements or
Misrepresentations
Any false statement(s), intentional misrepresentation of the facts, or false representations submitted as part of any Program application, occupancy certification, or other
Program submittal to obtain an eligibility determination or verify Program compliance constitutes an act of fraud and may be prosecuted accordingly. Submitting
intentionally false, misleading or incomplete information in a Program application will result in denial of eligibility to participate in the Program, and the applicant(s) will be permanently banned from the Program.
If the City should discover that a purchase was completed by an owner(s) who intentionally made false statements
or misrepresented facts to appear eligible to purchase the property, this will constitute fraud and/or default under the Agreement, and the City will use all available legal remedies to bring the home into compliance, and/or
impose any criminal or civil penalties allowed by law.
If the City determines that BMR owner(s) have made
intentionally false statements or misrepresentations in their annual occupancy certification in order to appear compliant with Program requirements, it will use any
enforcement measures available under the Ordinance,
these Guidelines, the Deed of Trust, and/or Agreement
to restore compliance, up to and including sale of the
BMR home and forfeiture of equity related to the BMR
sales price.
CHAPTER 6: PROGRAM COMPLIANCE
City of Los Altos | BMR Housing For-Sale Program Guidelines 28 Unauthorized Rental, Sale, or Transfer
of BMR Home
If any portion of the BMR home is rented out, sold or
otherwise transferred in full or part without prior City approval, the City may use all available legal remedies to bring the home into compliance, and/or impose any
criminal or civil penalties allowed by law, including
possible sale of the property and/or requiring
Homeowner(s) to reimburse the City for all rent that was collected in violation of Program requirements, or the
amount of any presumed rent, based upon prevailing
market-rate rents for a comparable rental unit, or for any excess sale proceeds, as explained further in the BMR
Agreement recorded against the home.
Appeal Process
Applicants may appeal a determination letter by
providing a written explanation of the reasons for their appeal, and any supporting evidence. The appeal letter
must be delivered to the Housing Manager by mail or
personal delivery within ten (10) calendar days of
issuance of the determination letter being appealed. City staff are not authorized to assist applicants in drafting appeal letters, nor in determining appropriate grounds
for appeal or appropriate forms of supporting evidence.
Applicants may refer to these Guidelines and application forms, and/or seek their own advisors/counsel for
guidance in determining what types of documentation
would be reasonable.
The Development Services Director shall review the
appeal letter and issue a final determination within thirty (30) calendar days or less of receipt. Appeal to the
Development Services Director is the final administrative appeal.
Exhibit B
City of Los Altos
Below Market Rate Housing
Rental Program Guidelines
Adopted by the
Los Altos City Council
on October 13, 2026
1 North San Antonio Road
Los Altos, California 94022-3087
TABLE OF CONTENTS
City of Los Altos | BMR Housing Rental Guidelines
Chapter 1: Introduction ................................................................................1 Purpose .................................................................................................................................................................... 1 Non-Discrimination................................................................................................................................................. 1 Conflict with Other Documents ............................................................................................................................. 1 Definitions ................................................................................................................................................................ 2 Chapter 2: Developer Requirements ........................................................... 4 Inclusionary Housing Requirements for New Developments............................................................................... 4 Density Bonus........................................................................................................................................................... 4 BMR Affordable Housing Agreements & Deed Restrictions................................................................................ 5 Term for Affordable Rental Housing ..................................................................................................................... 5 Marketing & Tenant Selection Plan ........................................................................................................................ 5 Area Median Income Limits & Updated BMR Rental Rates................................................................................ 5 Location & Design of Affordable Housing Units .................................................................................................. 5 Timing & Delivery of Affordable Housing............................................................................................................. 6 Existing Residential Development Project Waitlists, Eligible Renter Selection & Certification.......................... 6 Releasing Process ...................................................................................................................................................... 6 Chapter 3: Determining Eligibility.............................................................. 7 Eligible Renters Eligibility Requirements ............................................................................................................... 7 Qualifying Households............................................................................................................................................. 7 BMR Program Requirements.................................................................................................................................. 8 Property Requirements ............................................................................................................................................ 8 BMR Program Eligibility Certification ................................................................................................................... 8 Chapter 4: Local Preferences & Selection Process...................................... 9 Local Preferences ...................................................................................................................................................... 9 Acceptable Documents to Verify Priority Tiers...................................................................................................... 9 Accessibility Preference..........................................................................................................................................10 Selection Process .....................................................................................................................................................11 Chapter 5: Rental Lease Provisions............................................................12 Calculation, Approval, & Use of BMR Rent........................................................................................................12 Lease Terms & Occupancy Conditions.................................................................................................................12 Chapter 6: Program Compliance ................................................................15 Burden of Proof Eligibility .....................................................................................................................................15 False Statements or Misrepresentations.................................................................................................................15 Unauthorized Rental or Subletting BMR Unit....................................................................................................16 Appeal Process ........................................................................................................................................................16
CHAPTER 1
INTRODUCTION
City of Los Altos | BMR Housing Rental Guidelines 1
Purpose
The purpose of the City of Los Altos’ Below Market
Rate (BMR) Housing Rental Program Guidelines is to
support the administration of the City’s BMR Program,
which helps provide rental apartments for extremely low, very low, low-, and moderate-income households. The
BMR Program is intended to preserve the long-term
affordability of designated Below Market Units (BMUs)
for eligible renters who meet applicable income and
program requirements, as set forth in the applicable
Affordable Housing Agreement, deed restrictions, these
Guidelines, and other governing laws and regulations.
These Guidelines provide the City, BMU owners,
property managers, applicants, and current and future
renters with information regarding the BMR Program,
including income and rent limits, eligibility requirements, application and selection procedures, annual certification requirements, and other program obligations. They are
intended to describe the regulatory requirements that
apply to BMR rental properties and to provide practical guidance for implementing and participating in the
program.
These Guidelines are adopted pursuant to the City’s
inclusionary housing and density bonus requirements in
Chapter 14.28 of the Los Altos Municipal Code, as well
as applicable state and federal laws and regulations. They are intended to be consistent with those requirements
and to assist in the administration, oversight, and
regulation of the City’s BMR Program.
Non-Discrimination
The Program will be implemented consistent with the
City’s commitment to non-discrimination. There shall be no discrimination against or segregation of any person or group of persons, on the basis of race, color, ancestry, national origin, religion, creed, age, disability (mental and physical), sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual
orientation, gender identity, gender expression, medical condition, genetic information, marital status, military or veteran status, or any other basis forbidden by federal, state, or local law.
Conflict with Other Documents
Where the provisions of this manual conflict, or are
inconsistent, with local ordinances or state or federal laws or regulations, or executed regulatory agreements with
the City, the provisions of those ordinances, laws,
regulations or agreements shall prevail. In developments where the City’s deed restriction is subordinate to a deed restriction from an affordable housing lender or funder, those lenders and funders’ policies and procedures shall also prevail.
CHAPTER 1: INTRODUCTION
City of Los Altos | BMR Housing Rental Guidelines 2
Definitions
As used in these Guidelines, unless the context requires otherwise, the following words and terms have the
meanings set forth below.
Affordable Housing Agreement (or AHA): A recorded
contract between the City and the property owner
describing the Affordable Units, the affordability
requirements and explaining in detail how the units will be marketed and rented.
Affordable Unit or Below Market Units, BMUs or Units:
A dwelling rental unit that is required to be occupied by and at a rent affordable to an Eligible Renter.
Area Median Income (AMI): The median family income
for Santa Clara County, adjusted for actual household
size, as determined annually by the California
Department of Housing and Community Development
(HCD) and based on data published by the U.S.
Department of Housing and Urban Development.
Applicant/Co-Applicant: The household applying to
rent an Affordable Unit. Applicant may be used herein to refer to the Applicant’s entire Household and/or all
adults in the Household, as the context requires.
“Primary Applicant” refers to the first-named party on
the application form. The Primary Applicant is the first listed Applicant on a Program application and must be
the primary person on the lease for the Below Market
Unit. In addition, this person will be the primary point of contact. “Co-Applicants” are all other adult members of the Household aged 18 years or older.
BMR Administrator: A third party to whom the City
assigns some or all of its responsibilities and obligations regarding the Program administration.
City: The City of Los Altos or the BMR Administrator.
Developer: The person(s) or legal entity(ies), who also may be the property owner, who is seeking Residential
Development project permits or approvals from the City
or developing a particular residential development
project, in the City.
Eligible Renter: a Household eligible to participate in the BMR Rental Program, as further defined herein.
Extremely Low-Income Household: households with
incomes at or below the Extremely Low-Income limit
published by HCD, which is set at approximately 30
percent of Area Median Income.
HCD: the California Department of Housing and
Community Development.
Household: all persons who will be living together in the same housing unit, whether related or unrelated, over the age of 18, and dependents under the age of 18 who live
with a member of the household 50% of the time or
more.
Household Income: the combined gross annualized
income of all adult household members (aged 18 or
older), as further defined herein.
HUD: the United States Department of Housing and
Urban Development.
Low-Income Household: households with incomes at or
below the Low-Income limit published by HCD, which
is set at approximately 80 percent of Area Median
Income.
Market Rate Unit: a dwelling unit where the rental rate or sales price is determined by the area’s current rate of monthly rent or sale value.
Moderate-Income Household: households with incomes
at or below 120% of Area Median Income, as published
by HCD. See Exhibit A for a link to current limits.
CHAPTER 1: INTRODUCTION
City of Los Altos | BMR Housing Rental Guidelines3
Residential Development Project: Any development that
includes an application to the City for planning or
building permits to create one or more dwelling units, to convert non-residential uses to residential uses, or to convert residential units from rental to for-sale. As used in these Guidelines, “Residential Development” includes, without limitation, rental housing; for-sale housing;
mixed-tenure housing; mixed-use residential; detached
single-family dwellings; duplexes; triplexes; multiple- family dwelling structures; condominium or townhouse
developments; condominium conversions; and land subdivisions intended to be sold or rented to the general public. However, accessory dwelling units and licensed
care facilities are excluded from the definition of
Residential Development.
Tenant Selection Plan: the document that describes
marketing for the Below Market Units and shall include, at a minimum, procedures and requirements for
determining eligibility, occupancy requirements, initial marketing policies, application process, income
verification requirements, annual ownership
certification, rejection of ineligible applicants, and
eligibility termination.
Utilities: Utilities means garbage collection, sewer, water, electricity, gas, and other fuels used for heating, cooling, cooking, and refrigeration for a dwelling unit. Utilities do not include telephone, cable, or internet service.
Very Low-Income Household: Households with incomes
at or below the Very Low-Income limit published by
HCD, which is set at approximately 50 percent of Area
Median Income.
CHAPTER 2
DEVELOPER REQUIREMENTS
City of Los Altos | BMR Housing Rental Guidelines 4
Inclusionary Housing Requirements for
New Developments
All multi-family residential projects that create five or more new dwelling units shall, at minimum, provide
Affordable Units as follows. Nothing in this
informational guide or the Los Altos Municipal Code
shall preclude a project from providing additional
Affordable Units beyond the minimum. Calculations
for the required Affordable Units shall be rounded up
to the next whole number.
Density Bonus
If a developer requests a density bonus, the same
Affordable Units may be used to satisfy both Density
Bonus Law and the City’s on-site inclusionary
housing requirement, but only to the extent those
units meet the requirements of both programs. If the
Affordable Units provided for the density bonus do
not fully satisfy the City’s inclusionary housing
requirements, the developer must provide any
additional inclusionary Affordable Units required by
the City.
Multifamily
Development Type
Affordable Housing Requirement
Projects with
5 to 9 units
15% of the units (rental or ownership) shall be designated as affordable units.
Alternatively, applicants may request to pay an inclusionary housing in-lieu fee instead of providing onsite units.
Projects with
10 or more units
Rental: 20% of the total number of units shall be designated as affordable units.
Alternatively, applicants may request to pay an inclusionary housing in-lieu fee instead of providing onsite units.
Ownership: 15% of the total number of units shall be designated as affordable units.
Alternatively, applicants may request to pay an inclusionary housing in-lieu fee instead of providing onsite units.
CHAPTER 2: DEVELOPER REQUIREMENTS
City of Los Altos | BMR Housing Rental Guidelines 5
BMR Affordable Housing
Agreements & Deed Restrictions
BMU Owners sign Affordable Housing Agreements
(“AHA”) with the City that outline the terms and
conditions of their participation in the BMR
Program. Each AHA is unique and has covenants
that run with the land. Federal, state, and local laws
and regulations shall prevail over AHAs (e.g. the
Tenant Protection Act, AB 1482). AHAs shall prevail
over these Guidelines because they run with the land.
AHAs require BMU Owners to maintain the Below
Market Units on the Property and to construct the
Below Market Units in similar quality of market rate
units in the Project.
Term for Affordable Rental
Housing
Affordable Rental Units to satisfy the inclusionary
housing requirements of the Los Altos Municipal
Code shall be deed restricted for a term of 99 years.
Marketing & Tenant Selection Plan
At least ninety (90) days before leasing begins for a
Residential Development Project, the Developer shall
submit a written marketing and tenant selection and
plan to the City for review and approval. The plan
shall describe how the Affordable Units within the
Development will be marketed and leased.
The City will review the marketing plan within thirty
(30) days of submission and will either approve it or
provide written comments explaining why it is not
approved. If the City does not approve the marketing
plan, the Developer shall submit a revised plan within
thirty (30) days.
The City will approve the marketing plan if, in the
City’s reasonable discretion, the plan is consistent with the Affordable Housing Agreement, these Guidelines,
the City’s priority ranking policies, state and federal fair housing laws, and any other applicable policies or legal requirements.
Area Median Income Limits &
Updated BMR Rental Rates
The City updates the Area Median Income Limits used
to calculate the BMR rental rates once a year soon after California Department of Housing and Community
Development (“HCD”) publishes its Area Median
Income (AMI) Limits. Area Median Income is the
median gross yearly income for households in Santa
Clara County, California. Developers, or their property managers, will be provided with the updated BMR
rental rates annually.
Location and Design of Affordable
Housing Units
All Affordable Units shall be reasonably dispersed
throughout the residential development and consistent
with Federal and State fair housing laws, have a
distribution of units by number of bedrooms
proportionate to the market-rate units, and be of
comparable size based on net habitable square footage
of the units. Affordable Units for seniors shall comply with applicable design requirements for senior housing.
Affordable Units shall be designed and constructed to
be consistent with the market-rate units in the project, including comparable exterior design, interior design,
appearance, materials, and quality of finish. Affordable Units shall also have access to the same project parking, amenities, and recreational facilities available to marketrate units.
CHAPTER 2: DEVELOPER REQUIREMENTS
City of Los Altos | BMR Housing Rental Guidelines 6
Timing of Delivery of Affordable
Housing
All Affordable Units in residential developments shall
be constructed on-site concurrently with market-rate
units. The Certificate of Occupancy for the Affordable
Units shall be issued no later than the Certificate of
Occupancy for the market-rate units. In phased
developments, the total Affordable Units requirement
shall be calculated based on the whole development;
each phase shall include the required number of
Affordable Units based on the number of market-rate
units in that phase; and on-site units shall be developed concurrently with the market-rate units in each phase.
For a residential mixed-use project with one or more
phases, the Certificate of Occupancy for the
Affordable Units shall be issued no later than the
Certificate of Occupancy for the market-rate units in
each phase and prior to issuance of the Certificate of
Occupancy for the non-residential portion of the
development.
Existing Residential Development
Projects Waitlists, Eligible Renter
Selection & Certification
Developers, or property managers on behalf of the
Developers, for the existing Residential Development
Projects manage existing waitlists, provide BMR Rental
Program information for available Affordable Units,
and obtain initial Eligible Renters’ information in their pre-screening process. The BMR Rental Program
confirms household income and eligibility requirements
before leases are signed as outlined below in the BMR
Rental Program Requirements.
The existing Residential Development Projects will
have one (1) year to continue to use their waitlists from the date of the City Council’s approval of these BMR
Rental Housing Program Guidelines. After the one-year
period, all Residential Development Projects will be
required to implement the lottery selection process
outlined below in Chapter 4.
Releasing Process
When a BMR Eligible Renter vacates, the Developer,
or the Developer’s property manager, must provide
notice to the City and re-rent the Affordable Unit to
an Eligible Renter in accordance with these BMR
Guidelines and the AHA for the Affordable Unit.
If an Affordable Unit is vacated within a Residential
Development Project within a one-year period from
when a lottery was held, then the Developer, or
Developer’s property manager, will utilize the lottery
list and contact the applicant with the highest lottery number to offer the Affordable Unit to them. If the
applicant is interested in leasing the Affordable Unit, they will be required to submit the necessary
application information to be qualified for the
Affordable Unit.
After the one-year period, if an Affordable Unit is
vacated, the Developer, or Developer’s property
manager, will market the Affordable Unit for lease
and conduct a new lottery for the Affordable Unit in
accordance with the lottery process outlined above.
The new lottery list will be maintained for a period of one year.
CHAPTER 3
DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing Rental Guidelines 7
Eligible Renters Eligibility
Requirements
A person or household is eligible to rent a Below
Market Unit if they meet the BMR Program and
property requirements in accordance with the
property’s AHA covenants and as outlined in the
BMR Program Requirements below.
Eligible Renters are required to meet household
income requirements related to the established Santa
Clara County’s Area Median Income (AMI) which is
published annually and are selected based on the
City’s priority ranking policies and procedures as
further outlined in the Local Preferences section
below in Chapter 4.
Qualifying Households
Affordable Units for rent are subject to asset limits.
The assets of an Eligible Renter of an Affordable Unit
cannot exceed $150,000, excluding funds dedicated
to Federally recognized retirement programs.
Affordable Units shall be leased based on income
limits for a household size using the “bedrooms + 1”
formula, and the minimum occupancy level shall be
one person per bedroom, as follows:
Unit Size BMR Rent
Based On
Minimum
Occupancy
Studio 1 person
household
1 person
1 bedroom 2 person
household
1 person
2 bedrooms 3 person
household
2 persons
3 bedrooms 4 person
household
3 persons
4 bedrooms 5 person
household
4 persons
An exception to the minimum occupancy standards
shall be made if reasonable accommodation is
required.
Preference is given to eligible applicants for an
Affordable Unit in accordance with the Local
Preference section in Chapter 4 below, to the extent
permitted by State or Federal law or other fair
housing laws.
CHAPTER 3: DETERMINING ELIGIBILITY
City of Los Altos | BMR Housing Rental Guidelines 8
BMR Program Requirements
The household cannot exceed the income limit for
the income category that the City has established for
the Below Market Unit. Gross Monthly Income shall
be defined in Title 25, Section 6914, of the California Code of Regulations.
The Eligible Renter must demonstrate to the City
that they have the capacity to pay the rent for the
Below Market Unit. The Eligible Renter must
provide verification satisfactory to the City of their
income, job history, residency history, and
qualification for any priority status under the City’s
local priorities ranking as outlined in the Local
Preferences section above.
The Eligible Renter will have no more household
members than approved according to limits that the
City from time to time may establish.
Property Requirements
The property requirements are by the Developer and
the City as stated above. They can include capacity to
pay monthly rent, credit history, verification of
income, residency history, number of household
members, number and types of pets, etc.
BMR Program Eligibility
Certification
Upon completing the Property Manager’s initial prescreening process, Eligible Renters shall verify BMR Program eligibility by declaring their household size
and income with third-party documentation via the
City’s online portal.
CHAPTER 4
LOCAL PREFERENCES & SELECTION PROCESS
City of Los Altos | BMR Housing Rental Guidelines 9
Local Preferences
The City of Los Altos has established the following
preferences for Affordable Units:
First Priority (in no order of preference)
• Persons who are regular, full-time staff who are
employed by a school or school district serving
kindergarten through high school students for
public or charter schools within the City limits
and the following schools outside City limits:
Springer Elementary, Mountain View High,
Cupertino Jr. High, Homestead High School,
Alta Vista High, and West Valley Elementary;
• Persons who are regular, full-time City
employees as defined in the City’s personnel
rules; and
• Persons who are regular full-time Santa Clara
County Fire Department employees who are
assigned to the two fire stations located in the
City of Los Altos.
Second Priority
• Persons who live and/or work in the City.
At the initial application for the Affordable Housing,
the Applicant shall self-attest to any preferences.
Preferences will be verified as part of the eligibility determination process.
If at least one member of the Applicant household
meets a local preference, the Applicant shall have a
preference for the Affordable Unit.
For projects that have Federal funding such as Lowincome Housing Tax Credits and/or State funding, the above preferences will be applied to the extent
allowed by such funding programs.
Acceptable Documents to Verify
Priority Tiers
Preferences must be met by the applicants and/or coapplicants that will be on the lease to the Affordable Unit. Applicants claiming a preference must submit
the following documents to prove they meet a local
preference by the application deadline for the
Affordable Unit lottery, in addition to the documents
required as part of the application submittal. The
documents must be current: if issued monthly, the
most recent month’s bill; if issued quarterly, not more than 90 days old. PO Boxes or private mailboxes such
as Postal Annex cannot be accepted as proof of
meeting a local preference. Applicants must meet the
eligibility and qualification criteria at the time of the lottery. Eligibility will be verified when and if a file is reached for review after the lottery and ranking of
applications pursuant to the lottery results.
CHAPTER 5
RENTAL LEASE PROVISIONS
City of Los Altos | BMR Housing Rental Guidelines 10
First Priority, Works for the City of Los Altos,
School, or Santa Clara County Fire Department:
• A signed letter from the City of Los Altos
Human Resources Department verifying the
Applicant is a regular, full-time City employee.
The letter must include the Applicant’s start
date and regular hours worked per week.
• A signed letter from the school or school
district’s Human Resources Department
verifying that the Applicant is a regular, full-time
school employee. The letter must include the
Applicant’s start date and regular hours worked
per week.
• A signed letter from the Santa Clara County Fire
Department Human Resources Department
verifying that the Applicant is a regular, full-time
employee assigned to one of the two fire stations
located in the City of Los Altos. The letter must
include the Applicant’s start date, regular hours
worked per week and assigned station.
Second Priority, Lives and/or Works in the City of
Los Altos:
Applicants must provide at least one of the following
documents to verify residency or employment in the
City of Los Altos:
• One current utility bill showing the Applicant’s
City of Los Altos residence address. Utility bills
may include gas, electricity, garbage, or water
service.
• A current paystub showing the Applicant’s City
of Los Altos work address.
• A current, fully executed lease showing the
Applicant’s City of Los Altos residence address.
• If the Applicant’s employer is not located in the
City of Los Altos, or if the Applicant’s paystub
does not show a City of Los Altos work address,
the Applicant must submit a signed and dated
letter from the employer’s Human Resources
Department confirming that the Applicant
works primarily in the City of Los Altos and that
at least 75 percent of the Applicant’s working
hours are performed in the City.
• Self-employed Applicants who work from a
home or business located in the City of Los
Altos must submit a copy of their current City
of Los Altos business license.
Accessibility Preference
If an Affordable Unit has accessibility features related to mobility, hearing impairment, or vision
impairment, Applicants who can demonstrate a need
for the features receive a preference for those units.
The need for the specific accessibility feature or
features must be documented by a medical
professional, though this letter does not need to spell out the specific nature of the applicant’s disability.
CHAPTER 5
RENTAL LEASE PROVISIONS
City of Los Altos | BMR Housing Rental Guidelines 11
Selection Process
All Applicants who submit a complete application by
the required deadline will be entered into a lottery.
After the lottery is conducted, the lottery results will be organized according to the local preference tiers for which each Applicant household qualifies, as
described in the Local Preferences section above.
The City does not maintain a waitlist for the rental
Affordable Units. The City does keep an interest list
so when rental Affordable Unit(s) are available, the
individuals on the interest list will be emailed about
the rental opportunity.
Following the lottery, the City will begin a more
detailed application review and eligibility
determination process. Eligible Households will be
offered an Affordable Unit that is appropriate for
their household size, based on lottery order and
preference tier ranking.
After a one-year period from when a lottery is held, a
new lottery will be held each time a rental Affordable
Unit becomes available and the applicable preference
tiers will be applied each time a lottery is conducted.
The lottery list ranking for any rental Affordable Unit within a project will be maintained for one (1) year.
How the Lottery Works
1. Submit an application: Applicants must
submit a complete application by the required
deadline to be included in the lottery.
2. Random lottery numbers are assigned: The
City will conduct a random lottery. Each
complete application will receive a lottery
number, which establishes the Applicant’s
order within the general lottery.
3. Preference tiers are applied: After lottery
numbers are assigned, the City will determine
which Applicants qualify for a local preference
tier. Applicants who qualify for a preference
tier will be placed within that tier in lottery
number order. Applications within each
preference tier will be considered before
applications that do not qualify for a local
preference.
4. Lottery results are published: The City will
make the lottery results available after the
lottery is completed. The results will show the
order in which applications will be reviewed,
based on lottery number and applicable
preference tier.
5. Applicants are contacted in order: The City
will contact Applicants in the order established
by the final lottery results and applicable
preference tiers. Applications will be reviewed
and processed in that order until all available
Affordable Units in the project have been
assigned.
CHAPTER 5
RENTAL LEASE PROVISIONS
City of Los Altos | BMR Housing Rental Guidelines 12
Calculation, Approval, &
Use of BMR Rent
The City annually calculates and approves the BMR
monthly rental rates (“BMR Rents”) when releasing
its approved AMI Limits.
BMR Rents are valid for 12 months and/or until the
City calculates the following year’s BMR Rents
aligned with HCD’s annual AMI percentages.
BMR Rents must be approved by the City prior to
marketing vacant Affordable Units. It is the
responsibility of the Developer and/or Developer’s
property manager to ensure that the BMR Rents for
the Affordable Units adhere to the Residential
Development Project’s AHA on an ongoing basis.
BMR Rent Calculation
BMR Rents are the base amount that shall be deemed
no more than 1/12 of 30% of the applicable annual
Income Category, adjusted for household size
appropriate for the unit (one person per bedroom
plus one) less tenant paid utilities based on the Santa Clara Housing Authority’s annually published Utility
Allowance Schedule.
• Very Low Income: 30% multiplied by 50% of
AMI adjusted for the household size appropriate
for the unit, divided by 12
• Low Income: 30% multiplied by 70% of AMI
adjusted for the household size appropriate for
the unit, divided by 12
• Moderate Income: 30% multiplied by 110%
AMI adjusted for the household size appropriate
for the unit, divided by 12
The City shall work with the Developer or the
Developer’s property manager to determine what
utilities the tenant is responsible for paying outside of their rent payments to the landlord.
Any other mandatory fees charged to the Eligible
Renters must be included in the rent or the Utility
Allowance for the property. Parking fees, utility
billing services fees, required use of a computer
application to pay rent, monthly or quarterly pest
control charges, etc. are all examples of these fees.
This also includes charges from the Ratio Utility
Billing System (RUBS), in which a property uses a
main meter but sub-charges individual units on the
property for utility use. The actual costs shall be
included in the Utility Allowance for the property.
Note that Utility Allowances must always be rounded
up to the nearest dollar, if rounding is used.
Lease Terms & Occupancy
Conditions
Lease Agreements
The Developer’s Renter Master Lease Agreement
(“Lease”) must be approved in advance by the City
and copies of each executed Lease shall also be shared
with the City for its Eligible Renter files and annual
reporting processes. The Lease is required to include
the City’s BMR Addendum (as stated below) which
is executed by each Eligible Renter and a copy
provided to the City’s Housing Manager.
Lease terms and conditions for Eligible Renters shall
be the same as market rate units in the Development.
Eligible Renters are eligible to sign a one-year lease
agreement with a BMR Program Addendum
(Attachment C) that acknowledges their program
participation and terms. After the initial one-year
term, the lease may be renewed or continued as
month-to-month rental agreement.
All household members aged eighteen (18) and older
must sign the Lease for a Below Market Unit.
CHAPTER 5: RENTAL LEASE PROVISIONS
City of Los Altos | BMR Housing Rental Guidelines 13
Lease Agreements, continued
The following household members are not required
to sign the Lease:
• Legal dependents of leaseholders as claimed on
the most recent federal income tax return or
minor children of leaseholders. Spouses or
Domestic Partners are not considered
dependents.
• Household members younger than age twentyfour (24) years old who are the children of a leaseholder who will reside in the Below Market
Unit as their Primary Residence, regardless of
whether they are named as a dependent on the
federal tax form or not.
• Recent immigrants who cannot produce a credit
score and who are unable to demonstrate
alternative forms of credit. To qualify for this
exception, a person must provide entrance
documentation reflecting that the person has
been in the United States for two (2) years or
less.
Cosigners
Cosigners and guarantors are only permitted for
seniors (age 62 and above) that require a cosigner if
they are on a fixed income and for individuals that
have a disability and are receiving State disability
funding to support their housing costs.
Subletting
Program Eligible Renters shall not sublet any part of
the Unit to anyone that is not part of the household
at any time. Long-term or short-term vacation rentals
are not allowed at any time.
Permitting any person not named as an occupant of
the Lease to occupy the Unit shall be deemed an
improper subletting of the Unit.
There is also no renting or subletting of a parking
space or any other space provided with the Unit.
Occupancy
Eligible Renters must occupy their Unit 10 months
out of the year as their primary residence.
Additional occupants are allowed and/or disallowed
in accordance with Program income limits, the
Owner’s occupancy standards and applicable laws.
Before any change in occupancy occurs, the Eligible
Renter must receive written permission from the
Landlord before the Program certifies and updates
program eligibility.
An existing Eligible Renter may not vacate their
existing Affordable Unit to exchange it for a vacated
Affordable Unit within the project as the vacant
Affordable Unit must be leased to a household on the
property’s waiting list.
Rental Unit Maintenance
Eligible Renters are responsible for making sure that
their Units are not damaged and for maintaining the
unit in compliance with the terms of their lease.
Developers are responsible for maintaining the
Affordable Unit in the same manner they maintain
their market-rate units. For Affordable Units that will be re-rented, Developers shall provide the City’s
Housing Manager or BMR Administrator a tour of
the Affordable Unit and/or a history of the
Affordable Unit’s maintenance prior to marketing
the Affordable Unit(s) for releasing.
CHAPTER 5: RENTAL LEASE PROVISIONS
City of Los Altos | BMR Housing Rental Guidelines 14
Annual Certification Renewal
Eligible Renters shall annually certify their household size and income; Eligible Renter households can
exceed 15% of the Unit’s maximum income limit at
renewal. For example, if the Unit is a low-income
Unit, then the household’s income cannot exceed
95% AMI based on their household size.
A qualified Eligible Renter shall continue to qualify
unless at the time of recertification, the household
exceeds 15% of the Unit’s income limits at renewal.
The Eligible Renter is required to vacate the Unit
within six (6) months of written notice of
ineligibility.
If an Eligible Renter fails to provide the required
information by the requested deadline, the Eligible
Renter may no longer be eligible for the Program and
may face eviction and/or other consequences as
identified in the lease agreement. The Program will
always work with Eligible Renters to ensure delays are
not caused by extenuating circumstances that
prevented the Eligible Renter from responding in a
timely manner.
If the Eligible Renter is undergoing a job transition at the time of an Eligible Renter’s annual income
recertification, the Eligible Renter must provide a job offer letter from the new company they will be
employed at, and the City may be allowed to contact
the new employer to confirm the Eligible Renter’s
income and employment.
Notice to Vacate
BMR Eligible Renters shall provide the City with a
copy of any written notice sent to the BMU Owner
terminating their rental agreement. Unless another
contact is provided to Resident in writing, any
written notice to terminate sent by Resident shall be
copied to Housing Manager, City of Los Altos, 1 N.
San Antonio Rd., Los Altos, CA 94022.
CHAPTER 6
PROGRAM COMPLIANCE
City of Los Altos | BMR Housing Rental Guidelines 15
Burden of Proof of Eligibility
Participation in the Program is a privilege, not a right, as there are not enough BMR homes for all Eligible
Households. All applicants bear the burden of proof
to demonstrate that their Household meets all of the
Program Eligibility Requirements by submitting
complete applications with all required valid thirdparty documentation. Failure to adequately demonstrate such eligibility, by providing incomplete
applications or otherwise not complying with these
Guidelines or associated application instructions, will result in a determination of Ineligibility and denial of Program benefits.
Program staff is not required to prove that Applicants
are ineligible, only that they failed to adequately
demonstrate their eligibility in their application,
and/or failed to submit a complete application, failed
to sign the required lease or rental agreement or pay
any required security deposit.
The City may contact any source provided by
Applicant or included in his/her application to verify
Applicant information, and/or request information
from those sources named or described generally on
the Program’s Authorization to Release Information
Form included in application forms.
False Statements or
Misrepresentations
Any false statement(s), intentional misrepresentation
of the facts, or false representations submitted as part of any Program application, occupancy certification,
or other Program submittal to obtain an eligibility
determination or verify Program compliance
constitutes an act of fraud and may be prosecuted
accordingly. Submitting intentionally false,
misleading or incomplete information in a Program
application will result in denial of eligibility to
participate in the Program, and the applicant(s) will
be permanently banned from the Program.
If the City should discover that an Applicant who
intentionally made false statements or misrepresented
facts to appear eligible to rent a BMR Unit occupies a
BMR Unit, this will constitute fraud and/or default
under the rental agreement, may be cause for eviction,
and the City will use all available legal remedies to
bring the home into compliance, and/or impose any
criminal or civil penalties allowed by law.
If the City determines that an Applicant has made
intentionally false statements or misrepresentations in their annual occupancy certification in order to
appear compliant with Program requirements, it will
use any enforcement measures available under the
Ordinance, these Guidelines, the Rental Agreement
or the AHA to restore compliance, up to and
including eviction and assessments of civil penalties.
CHAPTER 6: PROGRAM COMPLIANCE
City of Los Altos | BMR Housing Rental Guidelines 16
Unauthorized Rental or Subletting
BMR Unit
If any portion of the BMR Unit is subleased or
otherwise transferred in full or part without prior
City approval, the City may use all available legal
remedies to bring the home into compliance, and/or
impose any criminal or civil penalties allowed by law,
including possible eviction and/or requiring
Household to reimburse the City for all rent that was
collected in violation of Program requirements, or the
amount of any presumed rent, based upon prevailing
market-rate rents for a comparable rental unit.
Appeal Process
Applicants may appeal a determination letter by
providing a written explanation of the reasons for
their appeal, and any supporting evidence. The appeal
letter must be delivered to the Housing Manager by
mail or personal delivery within ten (10) calendar days of issuance of the determination letter being appealed.
City staff are not authorized to assist applicants in
drafting appeal letters, nor in determining
appropriate grounds for appeal or appropriate forms
of supporting evidence. Applicants may refer to these
Guidelines and application forms, and/or seek their
own advisors/counsel for guidance in determining
what types of documentation would be reasonable.
The Development Services Director shall review the
appeal letter and issue a final determination within
thirty (30) calendar days or less of receipt. Appeal to the Development Services Director is the final
administrative appeal.
City Council Staff Report
Meeting Date: September 8, 2026
Prepared By: Monica Gallardo-Melkesian
Approved By: Gabe Engeland
Subject: Study Session - Below Market Rate For-Sale and Rental Housing Guidelines
COUNCIL PRIORITY AREA
Housing
RECOMMENDATION
Provide feedback and direction to staff regarding the draft Below Market Rate (“BMR”) ForSale and Rental Housing Guidelines
ENVIRONMENTAL IMPACT
The City Council’s action to hold a study session and provide direction to staff is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262, which applies to feasibility and planning studies for possible future actions that have not been approved, adopted, or funded.
FISCAL IMPACT
None.
PREVIOUS COUNCIL CONSIDERATION
The City Council adopted the original BMR Program and priority ranking policy in 1995 and has since reviewed and considered multiple aspects of the City’s BMR Program over the years, including affordable housing agreements, multi-family affordable housing regulations, and revisions to the priority ranking categories.
BACKGROUND
The City has administered its BMR Program for many years through a combination of adopted policies, affordable housing agreements, deed restrictions, administrative practices, and projectspecific implementation requirements. While these tools have allowed the City to implement the program over time, the City does not currently have comprehensive BMR administrative guidelines that consolidate the program’s requirements, procedures, and expectations in one publicly available document.
Establishing written BMR For-sale and Rental Housing Guidelines is important because it will provide a clear and consistent reference for City staff, developers, property managers, BMR homeowners, applicants, and residents. Consolidating the City’s BMR requirements in one place will improve transparency, support consistent administration, clarify responsibilities, and help ensure that program requirements are understood and applied consistently across both ownership ATTACHMENT 2
and rental units. The proposed Guidelines also provide an opportunity to document and organize the practices and requirements the City has developed and applied over the years, while updating the program to reflect current administrative needs (see Attachment 1 and 2).
The Guidelines are intended to assist in the administration, oversight, and regulation of the City’s BMR Program and to provide a clear framework for implementing the City’s inclusionary housing and density bonus requirements in Chapter 14.28 of the Los Altos Municipal Code, as well as applicable state and federal laws and regulations. Since the City hired its first full-time Housing Manager in November 2023 as part of the 6th Cycle Housing Element Program 5.B, BMR Program oversight has been centralized within the City, with consultants providing outside administrative assistance as needed.
ANALYSIS
Draft BMR Guidelines Overview
In preparing the draft BMR For-sale and Rental Housing Guidelines, City staff researched BMR programs in other jurisdictions to identify best practices and common administrative approaches. Staff also reviewed the City’s existing BMR policies, practices, and administrative requirements for consistency with applicable state and federal laws and regulations, including applicable fair housing requirements and the City’s obligation to affirmatively further fair housing.
City staff recommend maintaining two separate sets of guidelines: one for BMR for-sale units and one for BMR rental units. Separate guidelines are appropriate because ownership and rental units involve different program requirements, administrative procedures, legal documents, monitoring obligations, and ongoing responsibilities for developers, property managers, homeowners, renters, and City staff. Organizing the requirements separately will make the guidelines easier to use, reduce confusion, and allow each document to provide more targeted direction for the specific type of BMR unit being administered.
The Guidelines address developer requirements, affordable housing agreements and deed restrictions, unit design and delivery standards, tenant and buyer eligibility, marketing and selection procedures, rent and sales price calculations, occupancy requirements, annual monitoring, appeals, and compliance enforcement. For both rental and ownership units, affordable units must be provided onsite, constructed concurrently with market-rate units, and deed restricted for long-term affordability. Affordable Housing Agreements and related deed restrictions govern each project and run with the land; where there is a conflict, applicable laws, ordinances, regulatory agreements, or lender/funder requirements prevail over the Guidelines.
The Guidelines establish income, household size, occupancy, and asset standards for eligible households. Rental units are leased based on applicable income limits and maximum rent calculations tied to Santa Clara County Area Median Income limits published by HCD, with adjustments for household size and utility allowances. Ownership units are sold at an affordable sales price calculated based on income level, assumed household size, housing costs, financing assumptions, homeowner expenses, and applicable utility and maintenance allowances.
Ownership applicants must also meet additional requirements, including first-time homebuyer status, ability to obtain financing, minimum and maximum down payment standards, primary
residence requirements, asset limits, and completion of homebuyer education.
The Guidelines also create a standardized marketing, application, and selection process. For both rental and ownership opportunities, applicants submit applications, are entered into a lottery, and are then ranked based on lottery number and applicable local preference tiers. First priority is provided for local public-serving positions, followed by applicants who live or work in Los Altos.
For rental units, the Guidelines address lease requirements, maximum BMR rent calculations, utility allowances, tenant recertification, occupancy rules, restrictions on subletting, notice requirements, and procedures for re-renting vacant units. For ownership units, the Guidelines address affordable sales prices, resale restriction documents, maximum resale prices, primary residence obligations, annual monitoring, limits on unauthorized rental or transfer, and enforcement remedies for noncompliance or misrepresentation.
DISCUSSION
Priority Categories
Staff is seeking Council direction regarding the current priority categories and if they should be modified. Below are the current priority categories:
First Priority (in no order of preference)
• Persons who are regular, full-time staff for School District or Charter School who have been employed by a school that serves Los Altos residents, including the following schools outside City limits: Springer Elementary, Mountain View High, Cupertino Jr.
High, Homestead High School, Alta Vista High, and West Valley Elementary, for a period of no less than 12 months prior to the time of application; • Persons who are salaried City employees as defined in the City's personnel rules, who have been employed by the City for a period of no less than 12 months prior to the time of application; and
• Persons who are salaried Santa Clara County Fire Department employees who are assigned to the two fire stations located in the city of Los Altos.
Second Priority (in no order of preference)
• Persons who reside in the City at the time of application and who have lived in the City for at least the prior two years;
• Persons who work in the City at the time of application and have worked in the City for at least two years; and households who are required to relocate their residence as a result of Council action.
Third Priority (in no order of preference)
• Persons who work in the City at the time of application;
• Persons who have lived in the City for at least two years and who have moved out of the City within the five years prior to the time of application; and • Persons whose parents or children live in the City at the time of the application and such persons have lived in the City at some prior time.
Fourth Priority
• Persons who live or work within Santa Clara County at the time of application.
Staff’s research found that many jurisdictions use fewer local preference categories than the City’s current four-category structure. Staff also reviewed the existing categories for consistency with applicable fair housing requirements, including the City’s obligation to affirmatively further fair housing (AFFH). AFFH requires jurisdictions to administer housing programs in a manner that helps expand housing access, reduce barriers to opportunity, and avoid policies that may reinforce segregation or limit access to affordable housing for protected classes or households from outside the community. Preferences based on length of residency, prior residency, or family relationships with current residents are inconsistent with these objectives.
The proposed BMR Guidelines therefore propose simplifying the preference system to two categories, removing residency and employment-duration requirements, and retaining a firstpriority category for individuals who serve the Los Altos community, including qualifying school district, charter school, City, and Santa Clara County Fire Department employees. Staff also recommend expanding this category to include regular, full-time employees of private schools located in the City of Los Altos. This approach supports recruitment and retention for local public-service positions and better reflects current standard practices in many jurisdictions.
The proposed preferences would not preclude other eligible households from applying for the City’s BMR units.
The following are the proposed priority categories as reflected in the Draft Guidelines:
First Priority (in no order of preference)
• Persons who are regular, full-time staff who are employed by a school or school district serving kindergarten through high school students for public, private, or charter schools within the City limits and the following schools outside City limits: Springer Elementary, Mountain View High, Cupertino Jr. High, Homestead High School, Alta Vista High, and West Valley Elementary;
• Persons who are regular, full-time City employees as defined in the City’s personnel rules; and
• Persons who are regular full-time Santa Clara County Fire Department employees who are assigned to the two fire stations located in the City of Los Altos.
Second Priority
• Persons who live and/or work in the City.
Selection Process
The City’s current BMR selection process applies the adopted priority rankings and then ranks applicants within each priority category based on the date and time a complete application is submitted. Under this approach, applicants in a higher priority category are considered before applicants in a lower priority category, while applicants within the same category are generally considered on a first-come, first-served basis. As a result, an applicant’s placement can be affected by the exact timing of application submittal, even when multiple applicants are otherwise eligible within the same preference group.
Based on staff’s review of other BMR programs, many jurisdictions use a lottery system to select eligible BMR renters and buyers. Staff recommend moving to a lottery system because it would create a more transparent, equitable, and administratively consistent process. A lottery reduces the emphasis on which applicant submits first, helps avoid the perception that access depends on speed or timing, and gives eligible applicants within each applicable preference category an equal opportunity to be selected. It also provides a clearer and more repeatable process to follow when demand for BMR units exceeds the number of available units.
Under this approach, the City’s preference categories would continue to apply, but applicants would be selected by lottery within the applicable preference group rather than ranked solely by submission date and time. This would preserve the City’s policy priorities while making the selection process easier to understand, less dependent on application timing, and more consistent with the practices used by many other BMR programs.
Next Steps
Staff is seeking City Council direction on the policy questions below. Following the study session, staff will revise the draft BMR Guidelines consistent with City Council direction and return to Council for consideration and adoption.
1. Does the City Council want to modify the current priority categories?
2. Does the City Council want to replace the current first-come, first-served BMR selection process with a lottery system that maintains the recommended priority categories?
3. Does the City Council have any additional comments or direction on any portion of the draft BMR Guidelines?
ATTACHMENTS
1. Attachment 1 - Draft Los Altos BMR For Sale Program Guidelines
2. Attachment 2 - Draft Los Altos BMR Rental Program Guidelines
City Council Staff Report
Meeting Date: October 13, 2026
Prepared By: Jon Maginot
Approved By: Gabe Engeland
Subject: Discussion Item - Commission and Committee Handbook
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Review the Commission and Committee Handbook and provide direction on revisions as needed
ENVIRONMENTAL IMPACT
Not applicable
FISCAL IMPACT
There is no fiscal impact.
PREVIOUS COUNCIL CONSIDERATION
The Commission Handbook was last amended on June 10, 2025
BACKGROUND
The City Council uses Commissions and Committees to advise the Council and staff on certain topics and areas of interest. The City of Los Altos establishes Commissions as permanent, ongoing bodies and Committees as ad hoc, temporary bodies. Commissions and Committees are established and managed by the City Council and those bodies report to the Council. The Council has full discretion over how to recruit, appoint, dismiss and manage Commissions. As well, the Council has the prerogative to set expectations and goals for each Commission.
ANALYSIS
The Commission Handbook (Handbook) guides Commissions and Committees (including temporary, ad hoc Committees) in their role as advisory bodies to the Council and is approved by the Council. The Handbook as last amended on June 10, 2025.
DISCUSSION
Staff has reviewed the Handbook and has provided suggested changes which are attached. In addition, staff has reformatted the Handbook to include section numbers. The new Handbook has been formatted similar to the Council Norms and Procedures. Significant changes include:
• Added a section regarding other working bodies
• Clarified that City Council sets the meeting frequency for Commissions and
Commissions set the day and time
• Clarified the process for a Commissioner to resign their seat • Added language regarding if there is a tie during the Commission appointment process • Removed a requirement for Commissions to keep a rotation schedule for attendance at City Council meetings as this has not been a practice of the City for a number of years • Added language regarding Working Pairs
• Added language regarding the streaming of Commission meetings • Added a section regarding what the Chair should do should a disruption occur during a meeting
Attached are the current version of the Handbook with redlined changes proposed by staff and a clean version of the revised Handbook in its new format.
It is recommended that Council provide direction on any other changes to the Handbook. The revised Handbook will be presented at a future meeting for Council adoption.
ATTACHMENTS
1. Attachment 1 - Commission Handbook Redlined Version
2. Attachment 2 - Commission Handbook Clean Version
INTRODUCTION
This manual functions as an introduction to service as a Commission or Committee member in Los Altos. For the purposes of this manual, the terms Commission member and Committee member are interchangeable. For those instances not covered in this manual, refer to the City Council Norms and Procedures and the Los Altos Municipal Code for additional guidance.
If there is any conflict between the rules set forth in this handbook and the Los Altos Municipal Code or the City Council Norms and Procedures, the Code and then the Norms and Procedures shall govern.
THE BASICS
GOVERNMENT IN THE CITY OF LOS ALTOS
The City of Los Altos operates under the Council-Manager form of government. The City Council sets policy for the City which is then carried out by the City Manager and staff.
Commissions are integral to the City’s commitment to developing policies which reflect the needs and values of the community. Commissions work closely with staff and the Council to carry out the duties and responsibilities assigned by the Council.
CITY COUNCIL
The City Council is elected by registered voters of the City of Los Altos and serves as the “Board of Directors” for the City. The Council is the legislative body of the City. It sets policy and establishes the City’s overall priorities, direction and financial plan. The Council appoints the City Manager, who is responsible for the administration of City business, and the City Attorney.
COUNCIL LIAISON
The City Council relies upon the expertise and recommendations of the Commissions and Committees in advising the Council as it sets City policy. The Council liaison function serves to facilitate and enhance this work. Their principal function is to provide a wide range of information to the advisory body, such as information about Council discussions, policies and actions. This helps provide an historical perspective and thereby place their work in context. However, the Commissions and Committees should act independently in formulating recommendations for the City Council to consider. Therefore, it is inconsistent for Council liaisons to direct, guide or unduly influence the policy making work of the City's advisory bodies. Council liaisons are not required to attend their Commission or Committee meetings. Council liaisons will meet, at a minimum, with the Commission Chair and Staff liaison once per year individually and once per year at the joint meetings of the City Council and the Commission. These meetings can be more frequent and will be based on the specific Commission.
COMMISSIONS/COMMITTEES
Members are appointed by a majority vote of the City Council to serve on Commissions and Committees to advise and make recommendations to the Council and staff. Commissions focus on specific policy issues and provide additional opportunity for community participation in decision making.
From time to time, there may be instances when staff’s recommendations on an issue may differ from those of the Commission. If this occurs, staff will inform the Commission of this in advance of the Council meeting and both recommendations will be presented to the Council for consideration.
As appointees of the City Council, members of Commissions are public officials. While City Council members are elected by districts, Commission members and are appointed to represent all residents of the City, not individual organizations or special interest groups. Care should be taken to ensure that viewpoints expressed as public officials are consistent with City Council policy and the position of the majority of the Commission. Minority opinions are allowed but Commissioners acting in the role of a commissioner should support actions taken by a majority of the Commission.
Unless speaking as the official spokesperson for the commission at a City Council or other public forum, commissioners should begin all written or verbal comments with “I am a commissioner for the [insert commission name here], but I am speaking on behalf of myself and my own personal beliefs.”
Each Commission is established by Chapter 2.08 of the Los Altos Municipal Code, which includes the powers and duties of each Commission. Committees, both standing and ad hoc, are created by Council action and typically are assigned to focus on a specific topic for a short duration. Ad hoc Committees (sometimes referred to as Task Forces) may include Commissioners.
COMMITTEES
The City Council may establish Committees to serve a purpose besides advising the City Council.
Examples of these bodies include the Council Youth Academy and the Senior Services Committee.
The City Council determines how individuals are appointed to these bodies. Committees set their own meeting schedules which may be at regular intervals or as needed. Meetings may be noticed and open to the public but are not subject to the Brown Act, are not streamed or broadcast and official minutes are not kept.
The Council may also create other ad hoc committees which are typically assigned to focus on a specific topic for a short duration. Ad hoc Committees (sometimes referred to as Task Forces) may include Commissioners.
OTHER WORKING BODIES
From time to time, the City Council may form other working bodies to evaluate or work on specific topics or areas of interest. These bodies are not Commissions or Committees, do not advise the City Council and are not subject to the Brown Act.
While these bodies are not official Commissions, individuals involved in these bodies are expected to serve as representatives of the City. Members of these bodies are subject to the Municipal Code, Council Norms and Procedures and Commission and Committee Handbook.
STAFF
The City Manager serves as the “Chief Executive Officer” for the City and implements policy set by the City Council, manages the day-to-day affairs of the City, appoints and removes employees, prepares the budget, enforces laws and ordinances, and makes recommendations to the Council on the general welfare of the City. He/sheThe City Manager hires professionally trained staff to assist in carrying out his/herthese responsibilities.
The City Manager assigns staff members to assist the various Commissions in carrying out their responsibilities. These staff liaisons, by virtue of their technical training and experience, are competent to provide such assistance.
Commissions shall work closely with the staff liaisons; however, they do not have the authority to supervise or direct the work of staff.
Requests by a commission or commissioner for assistance in completing research or analysis for the benefit of a commission may be directed towards the Department Head, which oversees the assigned Staff Liaison, who will work with the appropriate staff.
ROLE OF STAFF LIAISON
• Attend all meetings of the Commission
• Prepare agendas in collaboration with the Chair
• Work with the Commission in the development of a work plan for the coming year and a summary of accomplishments for the previous year
• Research and prepare reports for the Commission, as is consistent with the work plan and/or Council direction
• Ensure agendas and reports are posted in compliance with State law and City protocols • Prepare action minutes for approval by the Commission • Prepare reports from the Commission to the Council, ensuring that reports represent the majority view and recommendation of the Commission
• Serve as the liaison between the Commission and City staff • Submit all budget requests from Commissions to cover costs associated with accomplishing their mission as well as to attend training sessions related to accomplishing the work of the Commission
• Communicate directions from the City Council to the Commission • Stay apprised of new laws and City protocols related to their assigned Commission or Commissions generally
MEETING DAYS AND TIMES
Each Commission meets at a regularly scheduled day and time. The City Council establishes the meeting frequency for each Commission and each Commission establishes the day and time of regular meetings. Regularly scheduled commission meeting days and times are established by the City Council. To facilitate and encourage public participation, no commission meeting can be held during the same meeting time as a City Council meeting and commissions should strive to not have any overlapping commission meeting with another commission’s regular meeting.
Additionally, commission meeting times are typically scheduled for later in the day to not impede normal city business hours effectively ensuring services are available until the close of business each day.
Commission special meetings shall be held in accordance with the provisions of regularly scheduled meetings to not impede city services and operations.
With majority support of the commission members, any commission can request a change in the approved day and time for a commission regularly occurring meeting for approval by the City Council. A request for a change in meeting day and time shall be respective of city business hours to ensure that staff and services are provided throughout the day. Such a request shall be included in an agenda report prepared by the staff liaison and placed on the Commission’s agenda as a Discussion Item before being brought to the City Council as an item on the consent calendar.
A complete calendar of all regular commission meetings can be found on the City website.
COMMISSION WORKPLANS
When a commission workplan is necessary eEach commission shall discuss and prepare its annual work plan based upon the City Council annual priorities and budget, which shall be submitted and approved by the City Council. The work plan is a list of the anticipated topics, assignments and goals that the Commission will focus on over a 12-month period. From time to time, the City Council may amend the approved commission work plan in order to achieve the goals of the city.
Any requested modifications should be in line with the goals and objectives of the commission and the city.
Each commission/committee is expected to develop each of their workplans at the end of each Calendar Year. A final workplan will be presented to the City Council at a Study Session at the beginning of each Calendar Year with specific dates determined by the Mayor.
MEMBERSHIP ON CITY COMMISSIONS
Unless otherwise directed, Commission members must be residents of the City of Los Altos. If, at any time during their term, a member moves to a principal residence outside the City, they shall become ineligible to continue as a member of that body and shall notify the Commission’s assigned staff liaison as soon as possible. It is expected that when a commissioner moves to a principal residence outside the City, they will submit a letter of resignation to the assigned staff liaison and the City Clerk.
Members are appointed by and serve at the pleasure of the City Council. Except for Senior and Youth Commissioners, mMembers serve for a term of four years and may serve a total of two, four- year terms, plus any portion of an unexpired term for which they have been appointed. Senior Commissioners may serve four, two-year terms. Youth Commissioner may serve two-year terms through the conclusion of their final year in high school.
No Commissioner shall serve simultaneously on two separate Commissions. When a Commissioner ends their service on one Commission, the individual can then be appointed to a different Commission.
Ad hoc Committee members are appointed and shall serve until the task of the ad hoc committee has been completed at which time the Committee shall be disbanded. Council members and Commissioners may serve on ad hoc committees.
Two members of an immediate family, or people residing in the same household, are not allowed to serve simultaneously on the same Commission or Committee, including ad hoc Committees.
Immediate fFamily members of City Council members, including former spouses or partners, are not eligible for appointments to any Commission or Committee during the term of the elected Councilmember.
APPOINTMENT
The City Council accepts applications for Commission positions during the formal recruitment period. Once per year in SeptemberJuly, formal recruitment is conducted for those positions which are or will become vacant (including those for which an incumbent is eligible for reappointment).
The City may conduct recruitment for specific vacancies between formal recruitments if there is a vacancy that causes a commission to fall below quorum or at the direction of City Council after a request from a commission chair or commission liaison.
Except for the Youth Commission, all other commission recruitments will follow the same process.
Youth Commission applicants are interviewed by the City Council Youth Commission Interview Committee which then makes appointment recommendations to the full City Council at a regular Council meeting.
The City Clerk announces that formal recruitment for commissioners is currently open so interested individuals should submit their application to the City for review. The City Clerk works with the staff liaisons, other City staff, City Council, and community groups to conduct as much public outreach as possible. This public outreach will include but is not limited to posting on the City website, City social media, local newspapers, and email notifications to previous commissioners or applicants.
City Council may only review applications for appointments once the application period ends.
Interested applicants submit their complete application to City staff, where they will indicate their desired commission(s). City staff verify that the individual lives within the City of Los Altos and may is eligible to serve on the desired commission(s).
City Council holds at least one (1) meeting that will include interviews and voting on commissioners. All applicants are allotted the same amount of time to ensure that all candidates are given equal treatment.
After all interviews are completed, the City Council submits a written ballot with their appointees selections. Ballots submitted by Council members are public records. In the event of a tie, the City Council will be encouraged to vote again until the tie has been broken and an applicant is chosen for the seat. If a tie cannot be broken, the Council may determine to hold a seat vacant until another recruitment can be completed.
Incumbent applicants will have their attendance record included as part of their application packet for review by the City Council.
REAPPOINTMENT
Upon completion of the first four-year term, or an unexpired term, Commissioners interested in continuing to serve on a commission shall notify the City Clerk that they have an interest in continuing on the commission and complete a new application for reappointment to the Commission for another four-year term. To qualify for reappointment, a Commissioner shall have met the minimum attendance requirements during the duration of their previous term.
Commissioners requesting reappointment will be interviewed by the City Council.
Reappointments will occur at the same time as new appointments to the Commission.
Upon completion of their service, Commissioners are encouraged to meet, either in person or via telephone, with the Council Liaison assigned to their respective Commission or another Councilmember. The purpose of this meeting is to provide Commissioners with a chance to offer feedback to the Council regarding their time on the Commission.
RESIGNATION/REMOVAL
In the event a member is unable to continue serving because of change of residence, health, business requirements or other personal reasons, a letter of resignation must be submitted to the City Clerk.
Members of Commissions serve at the pleasure of the City Council. The City Council shall review members’ performance and fulfillment of Commission member obligations and may remove a member from a Commission based upon that review. The City Council may discipline or remove a commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a future Council agenda.
ATTENDANCE AND PARTICIPATION
A majority of members are necessary to conduct business. As such, Commission members are expected to attend no less than 75% of the regularly scheduled meetings annually during their term of office. At the end of each year, the City Council reviews an annual attendance report for each Commission. A Commissioner may be removed for failing to attend the required minimum number of meetings or after a third consecutive absence. If a Commissioner must miss a meeting, they shall inform the staff liaison a minimum of two weeks’ notice prior to the regularly-scheduled commission meeting whenever possible. If a Commission meeting is cancelled due to a lack of quorum, that meeting will still be considered a regularly scheduled meeting for purposes of calculating attendance, and those members whose absence caused the cancellation shall be charged with an absence for that meeting.
Commissions benefit from the informed input of each member of the body. Each Commission member is expected to exercise judgment by formulating recommendations for the City Council.
Members are expected to be prepared for meetings and to participate and vote on every issue before the Commission, unless they are legally prohibited from participating. Lack of preparation and participation can be grounds for removal from a Commission. Each commission is to keep a rotation schedule for representation at City Council meetings by one of its members. Attendance is required when a commission has an item of interest on the Council agenda, to be available to answer Council questions.
COMMISSION MEMBER RESPONSIBILITIES
• Prepare for and participate in Commission meetings
• Attend at least 75% of scheduled meetings annually
• File Form 700 on time, if required
• Read and acknowledge receipt of the Commission and Committee Handbook • Complete Brown Act Training within sixty (60) days of beginning service • Complete two hours of Ethics Training within thirty (30) days of assuming office and every two years thereafter
• Attend Annual Commission Training upon appointment and every two years while seated as a Commissioner
STATEMENT OF ECONOMIC INTEREST
The Statement of Economic Interest (Form 700) is a form on which designated employees and officials disclose certain financial interests. State law dictates that members of the Planning Commission must file Form 700s. In addition, the City identifies those positions which are subject to the City’s Biennial Conflict of Interest Code. Those individuals appointed to positions identified in the Conflict-of-Interest Code are required to file Form 700s. Commission members not identified in the Conflict-of-Interest Code are not subject to these regulations.
Commissioners are responsible for ensuring that statements are filed properly and on time. For assistance in completing the forms, contact the City Clerk’s Office or the Fair Political Practices Commission (FPPC). Non-compliant Commissioners shall receive a letter from the City Clerk notifying them of their non-compliance and are subject to monetary fines. Continued noncompliance shall be grounds for removal from the Commission.
All statements filed are maintained in the City Clerk’s Office and are available for public review.
The following Table depicts Deadlines for filing Form 700:
TYPE OF FILING OCCURRENCE
Assuming Office Within (3) days of assuming office
Annual Each year on or before April 1st
Leaving Office Within (30) days of leaving office
ETHICS TRAINING
All those appointed by the Los Altos City Council to serve on Commissions shall complete at least two hours of public service ethics training every two years. New members must receive this training within 30 days of assuming office. Ethics training courses must have been reviewed and approved by the FPPC and the California Secretary of State. Members shall attend training sessions that are offered locally or by completing online training. Non-compliance shall be grounds for removal from the Commission.
It is the responsibility of a commissioner to provide proof of completion of the ethics training program to the City Clerk. These documents are public records and are subject to public review.
The City Clerk provides periodic reports of Form 700 and Ethics Training compliance to the City Council. The Council may remove any non-compliant Commissioner.
THE BROWN ACT
The Ralph M. Brown Act (Brown Act) is the State of California’s open government law. Its purpose is to ensure that deliberations and actions of local agency bodies are open to the public and that there is meaningful public access to a local agency’s decision-making process. All City Commissions are subject to the Brown Act. Staff liaisons to Commissions are versed in the elements of the Brown Act and will help Commissioners understand their obligations related to the Brown Act. In addition, certain Ad Hoc subcommittees may be subject to the provisions of the Brown Act. Commissioners should consult with their staff liaison regarding questions about the Brown Act. Ultimately, it is up to the individual Commissioner to ensure that they are complying with the Brown Act.
A major element of the Brown Act relates to meetings of legislative bodies. A meeting is defined as the coming together of a majority or more of those members currently seated on a particular body (also known as a quorum) where the business of that body is discussed. Meetings must be properly noticed and held in facilities that are open and accessible to all. All meetings must be held within the City of Los Altos. A discussion which occurs outside of a properly noticed meeting, and which involves a majority or more of a body, is a violation of the Brown Act. This includes serial discussions which involve only a portion of the Commission but eventually involve a majority.
The two most common serial discussions are daisy chain and hub and spoke.
DAISY CHAIN
A daisy chain is when Member A contacts Member B who then contacts Member C who then contacts Member D and so forth, until a majority of members have discussed an item within the Commission’s subject matter jurisdiction.
HUB AND SPOKE
A hub and spoke meeting are when one individual (the hub) contacts members individually (the spokes) until a majority has been achieved. The hub could be a commissioner, staff member or member of the public.
To attempt to avoid serial meetings, emails from Commissioners that are intended for fellow Commissioners should be sent through the staff liaison. Commissioners should take care to not ‘reply all’ on emails.
VIOLATIONS
Penalties for Brown Act violations can range from invalidation of an action taken to prosecution as a misdemeanor offense. In addition, there may be fines and/or attorney’s fees associated with a violation of the Brown Act. Commissioners who violate the Brown Act may be subject to removal.
Whenever a questionable area arises, it should be brought to the attention of the City Attorney or City Clerk so that corrective actions or “cures” may be taken. Advice from the City Attorney or City Clerk should be followed completely to ensure all actions of the City comply with the Brown Act.
TYPE OF MEETINGS
There are two types of meetings which Commissions hold. The first, and most common, are regular meetings. These meetings are where a Commission accomplishes the vast majority of its work.
Regular meeting days, times and locations are established by formal action of the Commission.
The second type is special meetings. A special meeting is any meeting held outside of the normal meeting day, time or location. Action may be taken at special meetings and agendas for those meetings should indicate the action recommended to be taken.
Special meetings may include study sessions. Study sessions are held to provide Commission members with the opportunity to discuss and better understand a particular subject/item. Generally, no action is taken at study sessions.
AGENDAS
Agendas for Commission meetings contain those items the Commission will discuss during a meeting. Agendas are based on City Council agendas and follow the same general format. Changes to the agenda format must be in accordance with State law and the Council Norms and approved by the staff liaison.
The staff liaison, in collaboration with the Chair, is responsible for preparing all agendas of a Commission. All items of business that will be considered or discussed at a meeting shall be briefly described on the agenda. The description should define the proposed action to be considered so that members of the public will know the nature of the action under review and consideration. No discussion or action may be taken by a Commission on any item not on the agenda.
The Chair, or a majority of the Commission, may decide to take matters listed on the agenda out of the prescribed order.
All agendas and meeting materials are posted to the City’s website as set forth in the Brown Act and the City’s Open Government Policy. All Commissioners should sign up to receive meeting notices and associated agenda materials for their specific Commission through the City’s website.
MEETING MINUTES
Written minutes of all regular and special meetings are kept as the official record of business transacted and are taken by the staff liaison. Minutes are modeled after the City Council form of minutes known as “action minutes” and include a record of the legislative actions from the meeting. They do not include summaries of comments or discussion made by Commissioners or members of the public. The staff liaison will endeavor to distribute draft minutes within 10 days of the meeting. Action minutes will state the text of a motion voted on by the Commission, the result of the vote, identify which Commissioners voted “aye”, “no”, abstained, recused, or were absent. Action minutes will also identify whether a motion passed or failed.
Any document submitted at a meeting, whether by a member of the public or a commissioner, becomes part of the public record. The staff liaison should make a notation on the document of the date it was submitted and file it with the meeting packet. The staff liaison is responsible for posting the materials received within 48 hours of the meeting to the City’s website and forwarding the material to the members of the commission.
ADDING ITEMS TO FUTURE AGENDA
Commissioners may request that items be placed on a future agenda. This is done by requesting an item during the “Potential Future Agenda Items” portion of the meeting. Requests must be for items that are under purview of the Commission. One less than a majority of members is required to place an item on an agenda. The staff liaison will work with the Chair to determine the best meeting to place an item on an agenda. Any background materials or information should be provided to the staff liaison for inclusion in the agenda packet. Future agenda items must be consistent with the Commission’s Aapproved Work Plan.
CONFLICT OF INTEREST
Commission members are subject to all aspects of the Political Reform Act. Commission members must not make, participate in making, or attempt to influence in any manner a governmental decision which he/she knows, or should know, may have a material effect on a financial interest.
It is ultimately the responsibility of the Commission member to identify whether they may be engaging in incompatible activities or have a perceived conflict of interest. The City Attorney should be consulted as early as possible on any matters regarding incompatible activities or perceived conflicts of interest.
A Commission member should disclose any perceived conflicts of interest prior to any discussion of the Commission. A Commission member should recuse themselves for a conflict of interest.
INCOMPATIBLE ACTIVITIES
Per state law, a public official, including commissioners, may not engage in any activity for compensation that is inconsistent, incompatible, or in conflict with their official duties with the City.
PERCEIVED CONFLICT OF INTEREST
A perceived conflict of interest for a commissioner may arise from personal relationships, financial interests, serving on bodies or boards that have shared or overlapping subject matter jurisdiction as those under the jurisdiction of the Commission, or when it appears that the Commissioner’s private interests impact on the official duties of the Commissioner, or influence his/her decisionmaking.
If a Commission member is appointed to an agency or body that has shared or overlapping subject matter, after their service on a City Commission has started, the Commission member will notify the Council liaison and staff liaison. The Commission member may be required to resign their role as a Commissioner.
A Commission member who has a conflict of interest shall, immediately prior to the consideration of the matter, do all of the following: 1) publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address is not required; 2) recuse himself or herself from discussing and voting on the matter; and 3) leave the room until after the discussion, vote, and any other disposition of the matter is concluded. Notwithstanding this, a Commission member, not in the member’s capacity as a commissioner, may speak on the issue during the time that the public speaks on the issue.
If a Commission member has obtained a letter or other documentation from the FPPC to discuss and vote on an item, then the member shall provide the letter to the staff liaison and the City Clerk upon receipt of the letter and disclose at the next Commission meeting the existence of the letter or other authorization, briefly describe the circumstances of why the member sought clarification, the basis for the FPPC’s conclusion, and the file number or other unique identifier so that members of the public can request a copy from the FPPC. In addition, the member shall provide the staff liaison with a copy of the letter or other authorization no later than 24 hours after the meeting at which the letter or other authorization is disclosed, so that a copy may be forwarded to any member of the public who requests a copy.
COMMISSION ORGANIZATION
Each Commission consists of between five and seven members, except the Youth Commission which consists of eleven members. Each member has an equal voice and votes on the Commission.
CHAIR AND VICE CHAIR
To facilitate meetings and the work of the Commission, each Commission appoints a Chair and Vice Chair from the members of the Commission. The positions of Chair and Vice Chair shall rotate annually. Selection of Chair and Vice Chair occurs at the first meeting in after October 1. In the event of either resignation or removal, the Commission shall elect another member to fill the remainder of the year. No member of a commission may serve consecutive terms as the chair, meaning that the chair must change annually.
The role of the Chair is to preside at Commission meetings and to run a timely and orderly meeting.
The Vice Chair is to preside in the absence of the Chair. If both the Chair and Vice Chair are absent, the Commission may elect a Chair Pro-Tem to conduct the meeting. It is incumbent upon the Chair to limit discussion and recommendations on to those items on the agenda.
AD HOC SUBCOMMITTEE
A Commission may appoint Ad Hoc subcommittees, consisting of less than a majority of the body, but never 50% or greater of Commissioners seated to work on specific tasks. Each Ad Hoc subcommittees should be focused on one (1) specific topic and shall not last more than one (1) year. These Ad Hoc subcommittees are working bodies and may be responsible for the generation of reports and analyses, which are reviewed by staff prior to distribution to the full Commission.
Commissions shall not create standing committees.
To establish an Ad Hoc Subcommittee, the topic of the formation of the Ad Hoc Subcommittee must be posted and noticed on the regular agenda.
Commission members currently serving on an Ad Hoc Subcommittee are not eligible to serve on another Ad Hoc Subcommittee simultaneously.
The motion of establishment must include that the Ad Hoc Subcommittee:
• It isIs comprised solely of members of the Commission establishing the Ad Hoc Subcommittee,
• Consists of less than a quorum of the Commission,
• Includes a defined purpose and the timeframe to accomplish that purpose and is less than one year in duration,
• Will automatically terminate when a final report is given to the Commission, or when the timeframe established by the Commission is met, unless extended by the Commission at a public meeting,
• Will not be re-established or renewed in multiple years, and • It isIs advisory in nature and is not established to work on an item where continuing jurisdiction exists.
In accordance with the Brown Act, Ad Hoc Subcommittees do not need to post notice of their meetings or hold meetings in public, unless directed to do so by the City Council.
WORKING PAIRS
From time to time, Commissions may also utilize working pairs to begin exploring a topic on the Commission’s Work Plan. Working pairs consist of two members of a Commission who choose to work together to begin exploring a topic. They are less formal than Ad Hoc Subcommittees. All findings of a working pair are only presented during a properly agendized Commission meeting.
A working pair may become an Ad Hoc Subcommittee at the discretion of the Commission.
COMMISSION LIAISON ASSIGNMENTS
Commissions may assign individual Commissioners to act, by a majority vote, as a liaison to other boards, commissions, or agencies, without establishing an Ad Hoc Subcommittee. The work, findings, conclusions, and any updates of the liaison should be brought back to the Commission at a regularly scheduled meeting for a report or discussion and, if applicable, action. The positions supported by the liaison are to be in alignment with the positions that the Commission or the City Council have taken, if they have considered the topic.
If a Commission is not able to select a Commission member as a liaison to another board, commission, or agency and a staff member cannot serve in that capacity, the Commission may recommend an individual resident to represent the Commission upon approval by the Commission and City Council.
MEETING PROCEDURES
All Commission meetings are open to the public and should be approached in a dignified, respectful manner. It is the responsibility of all Commissioners to take their duties and obligations seriously and to ensure that all meetings are productive and further the mission of the City.
RULES OF ORDER
Rosenberg’s Rules of Order, with addendums adopted by the City Council, govern the conduct of Commission meetings. Information regarding the Rules of Order can be obtained from the City Clerk’s Office.
CONSIDERATION OF AGENDA ITEMS
The standard procedure for considering individual agenda items shall be as outlined in Figure 5below. From time to time, the prescribed order may be changed.
Official action requires a majority vote of the Commission/Committee of current members seated, not just those present. In the event that a Commission/Committee has a vacancy a majority vote shall be determined by the number of actively appointed members of the body. Example: the
Planning Commission is a body of seven five (75) commissioners, but has two (2) vacancies, with five three (53) actively appointed Planning Commissioners. A majority vote of at least three two (32) commissioners is required to take action on an item.
PROCEDURES FOR CONSIDERING AGENDA ITEMS
1. Presentation by Staff, Commissioner or Ad Hoc subcommittee; then
2. Commissioners ask clarifying questions; then
3. Members of the public are given an opportunity to speak on the item; then
4. Commissioners discuss the item; then
5. If needed, a motion is made upon which the Commission votes on.
PUBLIC COMMENT
People Members of the public present in person at Commission meetings may comment on any item on the agenda. To facilitate an orderly meeting, each speaker is requested, but not required, to complete a Request to Speak card for each item they wish to speak on before discussion on of that item begins. To ensure that all are heard, speakers are typically given three minutes to speak on each item. If there are more than 10 requests to speak on an agenda item, the Chair may limit each speaker’s time to two minutes.
The Chair has the right to ask a member of the public to stop from speaking if over the allotted time or if comments are not related to the topic at hand.
During regular meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment. For special meetings, comments may be offered only on items only for topics listed on the agenda. The Commission may not discuss or act on any item raised during the Public Comments on Items nNot on the aAgenda portion of the meeting.
STREAMING OF COMMISSION MEETINGS
Commission meetings are held in person and simultaneously streamed via videoconferencing.
Members of the public may view Commission meetings via the stream, but may not provide public comments virtually. If a disruption prevents the public from viewing a Commission meeting via videoconferencing, the meeting will be recessed and a good-faith effort made to restore service according to State law. Upon resuming and if the videoconference cannot be restored, the Commission shall, by role-call vote, adopt findings that good-faith efforts were made and that resuming the meeting serves the public interest more than further delay. Otherwise, the meeting shall be adjourned to a future date.
TELECONFERENCING
Commission members may participate in meetings via teleconference in accordance with State law (Gov. Code sec. 54953 et seq. as amended byand AB 2449 and SB 707). Members participating via teleconferencing under AB 2449 for (Just Cause or Emergency Circumstances) must
participate via audio and visual methods. In all other circumstances, members participating via teleconferencing shall participate via audio and visual methods, when practical. Members may participate via teleconference in no more than 20% of meetings in a calendar year (January to December), whether utilizing provisions of the traditional Brown Act or Just Cause or Emergency Circumstances. All meetings of the Commission must have a majority of members present in the physical meeting location within the City.
At the beginning of a meeting in which a member is participating via teleconference, the Chair, or the Vice Chair if the Chair is participating remotely, will ask the member(s) participating via teleconference to confirm the teleconference location was properly noticed according to State Law, the teleconference location is accessible to members of the public and whether anyone eighteen (18) years or older is present in the teleconference location besides the member.
DECORUM
Commissioners shall render the utmost courtesy to each other, the City Council, staff and members of the public. Commissioners may be subject to dismissal for failure to observe these standards.
Members of the public attending Commission meetings shall observe the same rules of order and decorum applicable to Commission members. Los Altos Municipal Code Chapter 2.05 – Public Meetings Rules for Conduct shall apply to all meetings. To provide an environment in which all viewpoints may be expressed, noise emanating from the audience, whether in opposition or support, shall not be permitted. Continual disruption of meetings by members of the public may be grounds for the removal from the meeting.
TRAINING
Commissioners are expected to stay current on issues related to their service as public officials.
Members are provided with brief training following their appointment regarding their duties as a Commissioner and the Brown Act. Annual training courses are organized by the City Clerk and conducted by City staff to review roles and responsibilities and to provide information on any changes in laws or policies that may be relevant to conducting the work of the Commissions.
Attendance at this training course is required for all Commission members and staff liaisons.
Individuals who are unable to attend the training session will be required to watch the video of the training and certify that they have completed the training.
Members of Commissions are encouraged, within budget limitations, to attend training related to their area of responsibility. It is intended that such attendance will broaden a member’s knowledge and increase awareness of current developments relating to relevant areas of responsibility. The City may cover costs of registration and certain travel expenses in accordance with the City’s Legislative Body Travel Policy. Requests for use of City funds must be approved in accordance with the aforementioned Policy.
CONCLUSION
The City Council and staff appreciate your service as a Los Altos Commission member. The time and energy you expend help to make Los Altos the wonderful community it is. If at any time during your service, you have questions or concerns, do not hesitate to contact your staff liaison who can help to address any issue which may arise.
TIPS FOR CHAIR (AND VICE CHAIR)
(and anyone who may have to run a meeting)
The role of the Chair of the Commission is to preside at meetings and to help move the work of the Commission forward. The Chair (and Vice Chair) does not have any extra authority or power beyond that of his/her fellow Commissioners.
As Chair, you are responsible for conducting meetings of the Commission. It is important to limit discussion of to those items on the agenda. For each agenda item, it is suggested that you follow this procedure:
1. Announce what the item being considered is
2. Ask if there is a report for the item – generally, this is provided by the staff liaison but occasionally may be provided by another Commissioner
3. Ask Commissioners if there are any clarifying questions
4. Take public comment – instructions for how to take public comment are included in the “Meeting Procedures” section of the Commission and Committee Handbook
5. Facilitate discussion among the Commission – it is important that each Commissioner is given equal chance to speak and express his/her opinion
6. After discussion of the item, ensure that a conclusion is reached – this can be in the form of a motion, direction provided to staff or an Ad Hoc subcommittee, decision to continue the item to a date certain or not certain, or to take no further action.
DISRUPTIONS
Should a disruption occur, whether at the in-person meeting location or on the videoconferencing platform, the Chair of the meeting should call for a recess until the disruption can be resolved. If the disruption cannot be resolved, the meeting should be adjourned.
APPLICATIONS
On occasion, a Commission may receive an application from a resident or community group which the Commission is to consider. In these instances, applicants are given a total of up to ten minutes to present their position/input prior to hearing other public comments. This is done after the staff has presented its report. After the applicant(s) has been presented, public comment is taken from the audience. Following public comment, the applicant is given five minutes to provide a rebuttal to any issue raised during public comments.
ANNOUCING ANNOUNCING VOTES
The Brown Act requires that all votes be clearly noted, both at the meeting and in the record. It is the Chair’s responsibility to ensure that the vote is noted during the meeting. This is done by announcing how each member voted on a particular issue. If the voting is unanimous, it is sufficient to state “passes unanimously.” The staff liaison will ensure that the minutes accurately reflect how each member voted on each issue.
RECESS
It is customary to have a short recess two hours after the beginning of a meeting. The established hour after which no new items will be started is four hours after the beginning of the meeting.
Remaining items, however, may be considered by consensus of the Commission/Committee.
Commission and Committee Handbook
Adopted – October 27, 2026
COMMISSION AND COMMITTEE HANDBOOK
2 COMMISSION AND COMMITTEE HANDBOOK
TABLE OF CONTENTS
SECTION 1: GENERAL
1.1 Introduction
1.2 Government in the City of Los Altos
1.3 City Council
1.4 Council Liaison
1.5 Staff
1.6 Role of Staff Liaison
SECTION 2: COMMISSIONS/COMMITTEES
2.1 Commissions
2.2 Committees
2.3 Other Working Bodies
2.4 Membership on City Commissions
2.5 Appointment
2.6 Reappointment
2.7 Resignation/Removal
2.8 Commission Workplans
SECTION 3: COMMISSION MEMBER RESPONSIBILITIES
3.1 Responsibilities
3.2 Attendance and Participation
3.3 Statement of Economic Interest
3.4 Ethics Training
3.5 Conflict of Interest
3.6 Perceived Conflict of Interest
3.7 Incompatible Activities
3.8 Training
SECTION 4: COMMISSION ORGANIZATION
4.1 Organization
4.2 Chair and Vice Chair
4.3 Ad Hoc Subcommittee
4.4 Working Pairs
4.5 Commission Liaison Assignments
SECTION 5: MEETINGS
5.1 Meeting Days and Times
5.2 The Brown Act
5.3 Daisy Chain
5.4 Hub and Spoke
5.5 Violations
5.6 Types of Meetings
5.7 Agendas
5.8 Adding Items to a Future Agenda
5.9 Consideration of Agenda Items
5.10 Procedures for Considering Agenda Items
5.11 Public Comment
5.12 Meeting Minutes
5.13 Streaming of Commission Meetings
5.14 Teleconferencing
SECTION 6: DECORUM
6.1 Meeting Procedures
3 6.2 Rules of Order
6.3 Decorum
SECTION 7: CONCLUSION
7.1 Conclusion
APPENDIX A: TIPS FOR CHAIR (AND VICE CHAIR)
4 SECTION 1. GENERAL
1.1 Introduction. This manual functions as an introduction to service as a Commission or Committee member in Los Altos. For those instances not covered in this manual, refer to the City Council Norms and Procedures and the Los Altos Municipal Code for additional guidance.
If there is any conflict between the rules set forth in this handbook and the Los Altos Municipal Code or the City Council Norms and Procedures, the Code and then the Norms and Procedures shall govern.
1.2 Government in the City of Los Altos. The City of Los Altos operates under the CouncilManager form of government. The City Council sets policy for the City which is then carried out by the City Manager and staff.
Commissions are integral to the City’s commitment to developing policies which reflect the needs and values of the community. Commissions work closely with staff and the Council to carry out the duties and responsibilities assigned by the Council.
1.3 City Council. The City Council is elected by registered voters of the City of Los Altos and serves as the “Board of Directors” for the City. The Council is the legislative body of the City. It sets policy and establishes the City’s overall priorities, direction and financial plan.
The Council appoints the City Manager, who is responsible for the administration of City business, and the City Attorney.
1.4 Council Liaison. The City Council relies upon the expertise and recommendations of the Commissions and Committees in advising the Council as it sets City policy. The Council liaison function serves to facilitate and enhance this work. Their principal function is to provide a wide range of information to the advisory body, such as information about Council discussions, policies and actions. This helps provide an historical perspective and thereby place their work in context. However, the Commissions and Committees should act independently in formulating recommendations for the City Council to consider. Therefore, it is inconsistent for Council liaisons to direct, guide or unduly influence the policy making work of the City's advisory bodies. Council liaisons are not required to attend their Commission or Committee meetings. Council liaisons will meet, at a minimum, with the Commission Chair and Staff liaison once per year individually and once per year at the joint meetings of the City Council and the Commission. These meetings can be more frequent and will be based on the specific Commission.
1.5 Staff. The City Manager serves as the “Chief Executive Officer” for the City and implements policy set by the City Council, manages the day-to-day affairs of the City, appoints and removes employees, prepares the budget, enforces laws and ordinances, and makes recommendations to the Council on the general welfare of the City. The City Manager hires professionally trained staff to assist in carrying out these responsibilities.
CITY OF LOS ALTOS
COMMISSION AND COMMITTEE HANDBOOK
5 The City Manager assigns staff members to assist the various Commissions in carrying out their responsibilities. These staff liaisons, by virtue of their technical training and experience, are competent to provide such assistance.
Commissions shall work closely with the staff liaisons; however, they do not have the authority to supervise or direct the work of staff.
Requests by a commission or commissioner for assistance in completing research or analysis for the benefit of a commission may be directed towards the assigned Staff Liaison, who will work with the appropriate staff.
1.6 Role of Staff Liaison. The role of the Staff Liaison is to:
• Attend all meetings of the Commission
• Prepare agendas in collaboration with the Chair
• Work with the Commission in the development of a work plan for the coming year and a summary of accomplishments for the previous year
• Research and prepare reports for the Commission, as is consistent with the work plan and/or Council direction
• Ensure agendas and reports are posted in compliance with State law and City protocols • Prepare action minutes for approval by the Commission • Prepare reports from the Commission to the Council, ensuring that reports represent the majority view and recommendation of the Commission
• Serve as the liaison between the Commission and City staff • Submit all budget requests from Commissions to cover costs associated with accomplishing their mission as well as to attend training sessions related to accomplishing the work of the Commission
• Communicate directions from the City Council to the Commission • Stay apprised of new laws and City protocols related to their assigned Commission or Commissions generally
SECTION 2. COMMISSIONS/COMMITTEES
2.1 Commissions. Members are appointed by a majority vote of the City Council to serve on Commissions to advise and make recommendations to the Council and staff. Commissions focus on specific policy issues and provide additional opportunity for community participation in decision making.
From time to time, there may be instances when staff’s recommendations on an issue may differ from those of the Commission. If this occurs, staff will inform the Commission of this in advance of the Council meeting and both recommendations will be presented to the Council for consideration.
As appointees of the City Council, members of Commissions are public officials. While City Council members are elected by districts, Commission members are appointed to represent all residents of the City, not individual organizations or special interest groups. Care should be taken to ensure that viewpoints expressed as public officials are consistent with City Council policy and the position of the majority of the Commission. Minority opinions are
6 allowed but Commissioners acting in the role of a commissioner should support actions taken by a majority of the Commission.
Unless speaking as the official spokesperson for the commission at a City Council or other public forum, commissioners should begin all written or verbal comments with “I am a commissioner for the [insert commission name here], but I am speaking on behalf of myself and my own personal beliefs.”
Each Commission is established by Chapter 2.08 of the Los Altos Municipal Code, which includes the powers and duties of each Commission.
2.2 Committees. The City Council may establish Committees to serve a purpose besides advising the City Council. Examples of these bodies include the Council Youth Academy and the Senior Services Committee. The City Council determines how individuals are appointed to these bodies. Committees set their own meeting schedules which may be at regular intervals or as needed. Meetings may be noticed and open to the public but are not subject to the Brown Act, are not streamed or broadcast and official minutes are not kept.
The Council may also create other ad hoc committees which are typically assigned to focus on a specific topic for a short duration. Ad hoc Committees (sometimes referred to as Task Forces) may include Commissioners.
2.3 Other Working Bodies. From time to time, the City Council may form other working bodies to evaluate or work on specific topics or areas of interest. These bodies are not Commissions or Committees, do not advise the City Council and are not subject to the Brown Act.
While these bodies are not official Commissions, individuals involved in these bodies are expected to serve as representatives of the City. Members of these bodies are subject to the Municipal Code, Council Norms and Procedures and Commission and Committee Handbook.
2.4 Membership on City Commissions. Unless otherwise directed, Commission members must be residents of the City of Los Altos. If, at any time during their term, a member moves to a principal residence outside the City, they shall become ineligible to continue as a member of that body and shall submit a letter of resignation to the assigned staff liaison and the City Clerk.
Members are appointed by and serve at the pleasure of the City Council. Members serve for a term of four years and may serve a total of two, four-year terms, plus any portion of an unexpired term for which they have been appointed.
No Commissioner shall serve simultaneously on two separate Commissions. When a Commissioner ends their service on one Commission, the individual can then be appointed to a different Commission.
Ad hoc Committee members are appointed and shall serve until the task of the ad hoc committee has been completed at which time the Committee shall be disbanded. Council members and Commissioners may serve on ad hoc committees.
Two members of an immediate family, or people residing in the same household, are not allowed to serve simultaneously on the same Commission or Committee, including ad hoc
7 Committees. Family members of City Council members, including former spouses or partners, are not eligible for appointments to any Commission or Committee during the term of the elected Councilmember.
2.5 Appointment. The City Council accepts applications for Commission positions during the formal recruitment period. Once per year in July, formal recruitment is conducted for those positions which are or will become vacant (including those for which an incumbent is eligible for reappointment). The City may conduct recruitment for specific vacancies between formal recruitments if there is a vacancy that causes a commission to fall below quorum or at the direction of City Council after a request from a commission chair or commission liaison.
The City Clerk announces that formal recruitment for commissioners is currently open so interested individuals should submit their application to the City for review. The City Clerk works with the staff liaisons, other City staff, City Council, and community groups to conduct as much public outreach as possible. This public outreach will include but is not limited to posting on the City website, City social media, local newspapers, and email notifications to previous commissioners or applicants.
City Council may only review applications for appointments once the application period ends.
Interested applicants submit their complete application to City staff, where they will indicate their desired commission(s). City staff verify that the individual lives within the City of Los Altos and is eligible to serve on the desired commission(s).
City Council holds at least one (1) meeting that will include interviews and voting on commissioners. All applicants are allotted the same amount of time to ensure that all candidates are given equal treatment.
After all interviews are completed, the City Council submits a written ballot with their appointee selections. Ballots submitted by Council members are public records. In the event of a tie, the City Council will be encouraged to vote again until the tie has been broken and an applicant is chosen for the seat. If a tie cannot be broken, the Council may determine to hold a seat vacant until another recruitment can be completed.
Incumbent applicants will have their attendance record included as part of their application packet for review by the City Council.
2.6 Reappointment. Upon completion of the first four-year term, or an unexpired term, Commissioners interested in continuing to serve on a commission shall complete a new application for reappointment to the Commission for another four-year term. To qualify for reappointment, a Commissioner shall have met the minimum attendance requirements during the duration of their previous term. Commissioners requesting reappointment will be interviewed by the City Council. Reappointments will occur at the same time as new appointments to the Commission.
Upon completion of their service, Commissioners are encouraged to meet, either in person or via telephone, with the Council Liaison assigned to their respective Commission or another Councilmember. The purpose of this meeting is to provide Commissioners with a chance to offer feedback to the Council regarding their time on the Commission.
8 2.7 Resignation/Removal. In the event a member is unable to continue serving because of change of residence, health, business requirements or other personal reasons, a letter of resignation must be submitted to the City Clerk.
Members of Commissions serve at the pleasure of the City Council. The City Council shall review members’ performance and fulfillment of Commission member obligations and may remove a member from a Commission based upon that review. The City Council may discipline or remove a commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a future Council agenda.
2.8 Commission Workplans. Each commission shall discuss and prepare its annual work plan based upon the City Council annual priorities and budget, which shall be submitted and approved by the City Council. The work plan is a list of the anticipated topics, assignments and goals that the Commission will focus on over a 12-month period. From time to time, the City Council may amend the approved commission work plan in order to achieve the goals of the city. Any requested modifications should be in line with the goals and objectives of the commission and the city.
Each commission/committee is expected to develop their workplans at the end of each Calendar Year. A final workplan will be presented to the City Council at a Study Session at the beginning of each Calendar Year with specific dates determined by the Mayor.
SECTION 3. COMMISSION MEMBER RESPONSIBILITIES
3.1 Responsibilities. Commission members are responsible for the following:
• Prepare for and participate in Commission meetings
• Attend at least 75% of scheduled meetings annually
• File Form 700 on time, if required
• Read and acknowledge receipt of the Commission and Committee Handbook • Complete Brown Act Training within sixty (60) days of beginning service • Complete two hours of Ethics Training within thirty (30) days of assuming office and every two years thereafter
• Attend Annual Commission Training
3.2 Attendance and Participation. A majority of members are necessary to conduct business. As such, Commission members are expected to attend no less than 75% of the regularly scheduled meetings annually during their term of office. At the end of each year, the City Council reviews an annual attendance report for each Commission. A Commissioner may be removed for failing to attend the required minimum number of meetings or after a third consecutive absence. If a Commissioner must miss a meeting, they shall inform the staff liaison a minimum of two weeks’ notice prior to the regularly-scheduled commission meeting whenever possible. If a Commission meeting is cancelled due to a lack of quorum, that meeting will still be considered a regularly scheduled meeting for purposes of calculating
9 attendance, and those members whose absence caused the cancellation shall be charged with an absence for that meeting.
Commissions benefit from the informed input of each member of the body. Each Commission member is expected to exercise judgment by formulating recommendations for the City Council. Members are expected to be prepared for meetings and to participate and vote on every issue before the Commission, unless they are legally prohibited from participating. Lack of preparation and participation can be grounds for removal from a Commission.
3.3 Statement of Economic Interest. The Statement of Economic Interest (Form 700) is a form on which designated employees and officials disclose certain financial interests. State law dictates that members of the Planning Commission must file Form 700s. In addition, the City identifies those positions which are subject to the City’s Biennial Conflict of Interest Code.
Those individuals appointed to positions identified in the Conflict-of-Interest Code are required to file Form 700s. Commission members not identified in the Conflict-of-Interest Code are not subject to these regulations.
Commissioners are responsible for ensuring that statements are filed properly and on time.
For assistance in completing the forms, contact the City Clerk’s Office or the Fair Political Practices Commission (FPPC). Non-compliant Commissioners shall receive a letter from the City Clerk notifying them of their non-compliance and are subject to monetary fines.
Continued non-compliance shall be grounds for removal from the Commission.
All statements filed are maintained in the City Clerk’s Office and are available for public review.
The following Table depicts Deadlines for filing Form 700:
TYPE OF FILING OCCURRENCE
Assuming Office Within (3) days of assuming office
Annual Each year on or before April 1st
Leaving Office Within (30) days of leaving office
3.4 Ethics Training. All those appointed by the Los Altos City Council to serve on Commissions shall complete at least two hours of public service ethics training every two years. New members must receive this training within 30 days of assuming office. Ethics training courses must have been reviewed and approved by the FPPC and the California Secretary of State.
Members shall attend training sessions that are offered locally or by completing online training. Non-compliance shall be grounds for removal from the Commission.
It is the responsibility of a commissioner to provide proof of completion of the ethics training program to the City Clerk. These documents are public records and are subject to public review. The City Clerk provides periodic reports of Form 700 and Ethics Training compliance to the City Council. The Council may remove any non-compliant Commissioner.
3.5 Conflict of Interest. Commission members are subject to all aspects of the Political Reform Act. Commission members must not make, participate in making, or attempt to influence in any manner a governmental decision which he/she knows, or should know, may have a material effect on a financial interest.
10 It is ultimately the responsibility of the Commission member to identify whether they may be engaging in incompatible activities or have a perceived conflict of interest. The City Attorney should be consulted as early as possible on any matters regarding incompatible activities or perceived conflicts of interest.
A Commission member should disclose any perceived conflicts of interest prior to any discussion of the Commission. A Commission member should recuse themselves for a conflict of interest.
3.6 Perceived Conflict of Interest. A perceived conflict of interest for a commissioner may arise from personal relationships, financial interests, serving on bodies or boards that have shared or overlapping subject matter jurisdiction as those under the jurisdiction of the Commission, or when it appears that the Commissioner’s private interests impact on the official duties of the Commissioner, or influence his/her decision-making.
If a Commission member is appointed to an agency or body that has shared or overlapping subject matter, after their service on a City Commission has started, the Commission member will notify the Council liaison and staff liaison. The Commission member may be required to resign their role as a Commissioner.
A Commission member who has a conflict of interest shall, immediately prior to the consideration of the matter, do all of the following: 1) publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address is not required; 2) recuse himself or herself from discussing and voting on the matter; and 3) leave the room until after the discussion, vote, and any other disposition of the matter is concluded.
Notwithstanding this, a Commission member, not in the member’s capacity as a commissioner, may speak on the issue during the time that the public speaks on the issue.
If a Commission member has obtained a letter or other documentation from the FPPC to discuss and vote on an item, then the member shall provide the letter to the staff liaison and the City Clerk upon receipt of the letter and disclose at the next Commission meeting the existence of the letter or other authorization, briefly describe the circumstances of why the member sought clarification, the basis for the FPPC’s conclusion, and the file number or other unique identifier so that members of the public can request a copy from the FPPC. In addition, the member shall provide the staff liaison with a copy of the letter or other authorization no later than 24 hours after the meeting at which the letter or other authorization is disclosed, so that a copy may be forwarded to any member of the public who requests a copy.
3.7 Incompatible Activities. Per state law, a public official, including commissioners, may not engage in any activity for compensation that is inconsistent, incompatible, or in conflict with their official duties with the City.
3.8 Training. Commissioners are expected to stay current on issues related to their service as public officials. Members are provided with brief training following their appointment regarding their duties as a Commissioner and the Brown Act. Annual training courses are organized by the City Clerk and conducted by City staff to review roles and responsibilities and to provide information on any changes in laws or policies that may be relevant to conducting the work of the Commissions. Attendance at this training course is required for
11 all Commission members and staff liaisons. Individuals who are unable to attend the training session will be required to watch the video of the training and certify that they have completed the training.
Members of Commissions are encouraged, within budget limitations, to attend training related to their area of responsibility. It is intended that such attendance will broaden a member’s knowledge and increase awareness of current developments relating to relevant areas of responsibility. The City may cover costs of registration and certain travel expenses in accordance with the City’s Legislative Body Travel Policy. Requests for use of City funds must be approved in accordance with the aforementioned Policy.
SECTION 4. COMMISSION ORGANIZATION
4.1 Organization. Each Commission consists of between five and seven members. Each member has an equal voice and votes on the Commission.
4.2 Chair and Vice Chair. To facilitate meetings and the work of the Commission, each Commission appoints a Chair and Vice Chair from the members of the Commission. The positions of Chair and Vice Chair shall rotate annually. Selection of Chair and Vice Chair occurs at the first meeting after October 1. In the event of either resignation or removal, the Commission shall elect another member to fill the remainder of the year. No member of a commission may serve consecutive terms as the chair, meaning that the chair must change annually.
The role of the Chair is to preside at Commission meetings and to run a timely and orderly meeting. The Vice Chair is to preside in the absence of the Chair. If both the Chair and Vice Chair are absent, the Commission may elect a Chair Pro-Tem to conduct the meeting. It is incumbent upon the Chair to limit discussion and recommendations to those items on the agenda.
4.3 Ad Hoc Subcommittee. A Commission may appoint Ad Hoc subcommittees, consisting of less than a majority of the body, but never 50% or greater of Commissioners seated to work on specific tasks. Each Ad Hoc subcommittee should be focused on one (1) specific topic and shall not last more than one (1) year. These Ad Hoc subcommittees are working bodies and may be responsible for the generation of reports and analyses, which are reviewed by staff prior to distribution to the full Commission. Commissions shall not create standing committees.
To establish an Ad Hoc Subcommittee, the topic of the formation of the Ad Hoc Subcommittee must be posted and noticed on the regular agenda.
Commission members currently serving on an Ad Hoc Subcommittee are not eligible to serve on another Ad Hoc Subcommittee simultaneously.
The motion of establishment must include that the Ad Hoc Subcommittee:
• Is comprised solely of members of the Commission establishing the Ad Hoc Subcommittee,
• Consists of less than a quorum of the Commission,
• Includes a defined purpose and the timeframe to accomplish that purpose and is less than one year in duration,
12 • Will automatically terminate when a final report is given to the Commission, or when the timeframe established by the Commission is met, unless extended by the Commission at a public meeting,
• Will not be re-established or renewed in multiple years, and • Is advisory in nature and is not established to work on an item where continuing jurisdiction exists.
In accordance with the Brown Act, Ad Hoc Subcommittees do not need to post notice of their meetings or hold meetings in public, unless directed to do so by the City Council.
4.4 Working Pairs. From time to time, Commissions may also utilize working pairs to begin exploring a topic on the Commission’s Work Plan. Working pairs consist of two members of a Commission who choose to work together to begin exploring a topic. They are less formal than Ad Hoc Subcommittees. All findings of a working pair are only presented during a properly agendized Commission meeting. A working pair may become an Ad Hoc Subcommittee at the discretion of the Commission.
4.5 Commission Liaison Assignments. Commissions may assign individual Commissioners to act, by a majority vote, as a liaison to other boards, commissions, or agencies, without establishing an Ad Hoc Subcommittee. The work, findings, conclusions, and any updates of the liaison should be brought back to the Commission at a regularly scheduled meeting for a report or discussion and, if applicable, action. The positions supported by the liaison are to be in alignment with the positions that the Commission or the City Council have taken, if they have considered the topic.
If a Commission is not able to select a Commission member as a liaison to another board, commission, or agency and a staff member cannot serve in that capacity, the Commission may recommend an individual resident to represent the Commission upon approval by the Commission and City Council.
SECTION 5. MEETINGS
5.1 Meeting Days and Times. Each Commission meets at a regularly scheduled day and time.
The City Council establishes the meeting frequency for each Commission and each Commission establishes the day and time of regular meetings. To facilitate and encourage public participation, no commission meeting can be held during the same meeting time as a City Council meeting and commissions should strive to not have any overlapping commission meeting with another commission’s regular meeting. Additionally, commission meeting times are typically scheduled for later in the day to not impede normal city business hours effectively ensuring services are available until the close of business each day.
Commission special meetings shall be held in accordance with the provisions of regularly scheduled meetings to not impede city services and operations.
With majority support of the commission members, any commission can request a change in the approved day and time for a commission regularly occurring meeting for approval by the City Council. A request for a change in meeting day and time shall be respective of city business hours to ensure that staff and services are provided throughout the day. Such a request shall be included in an agenda report prepared by the staff liaison and placed on the
13 Commission’s agenda as a Discussion Item before being brought to the City Council as an item on the consent calendar.
A complete calendar of all regular commission meetings can be found on the City website.
5.2 The Brown Act. The Ralph M. Brown Act (Brown Act) is the State of California’s open government law. Its purpose is to ensure that deliberations and actions of local agency bodies are open to the public and that there is meaningful public access to a local agency’s decisionmaking process. All City Commissions are subject to the Brown Act. Staff liaisons to Commissions are versed in the elements of the Brown Act and will help Commissioners understand their obligations related to the Brown Act. In addition, certain Ad Hoc subcommittees may be subject to the provisions of the Brown Act. Commissioners should consult with their staff liaison regarding questions about the Brown Act. Ultimately, it is up to the individual Commissioner to ensure that they are complying with the Brown Act.
A major element of the Brown Act relates to meetings of legislative bodies. A meeting is defined as the coming together of a majority or more of those members currently seated on a particular body (also known as a quorum) where the business of that body is discussed.
Meetings must be properly noticed and held in facilities that are open and accessible to all.
All meetings must be held within the City of Los Altos. A discussion which occurs outside of a properly noticed meeting, and which involves a majority or more of a body, is a violation of the Brown Act. This includes serial discussions which involve only a portion of the Commission but eventually involve a majority. The two most common serial discussions are daisy chain and hub and spoke.
5.3 Daisy Chain. A daisy chain is when Member A contacts Member B who then contacts Member C who then contacts Member D and so forth, until a majority of members have discussed an item within the Commission’s subject matter jurisdiction.
5.4 Hub and Spoke. A hub and spoke meeting are when one individual (the hub) contacts members individually (the spokes) until a majority has been achieved. The hub could be a commissioner, staff member or member of the public.
To attempt to avoid serial meetings, emails from Commissioners that are intended for fellow Commissioners should be sent through the staff liaison. Commissioners should take care to not ‘reply all’ on emails.
5.5 Violations. Penalties for Brown Act violations can range from invalidation of an action taken to prosecution as a misdemeanor offense. In addition, there may be fines and/or attorney’s fees associated with a violation of the Brown Act. Commissioners who violate the Brown Act may be subject to removal.
Whenever a questionable area arises, it should be brought to the attention of the City Attorney or City Clerk so that corrective actions or “cures” may be taken. Advice from the City Attorney or City Clerk should be followed completely to ensure all actions of the City comply with the Brown Act.
5.6 Types of Meetings. There are two types of meetings which Commissions hold. The first, and most common, are regular meetings. These meetings are where a Commission accomplishes
14 the vast majority of its work. Regular meeting days, times and locations are established by formal action of the Commission.
The second type is special meetings. A special meeting is any meeting held outside of the normal meeting day, time or location. Action may be taken at special meetings and agendas for those meetings should indicate the action recommended to be taken.
5.7 Agendas. Agendas for Commission meetings contain those items the Commission will discuss during a meeting. Agendas are based on City Council agendas and follow the same general format. Changes to the agenda format must be in accordance with State law and the Council Norms and approved by the staff liaison.
The staff liaison, in collaboration with the Chair, is responsible for preparing all agendas of a Commission. All items of business that will be considered or discussed at a meeting shall be briefly described on the agenda. The description should define the proposed action to be considered so that members of the public will know the nature of the action under review and consideration. No discussion or action may be taken by a Commission on any item not on the agenda.
The Chair, or a majority of the Commission, may decide to take matters listed on the agenda out of the prescribed order.
All agendas and meeting materials are posted to the City’s website as set forth in the Brown Act. All Commissioners should sign up to receive meeting notices and associated agenda materials for their specific Commission through the City’s website.
5.8 Adding Items to a Future Agenda. Commissioners may request that items be placed on a future agenda. This is done by requesting an item during the “Potential Future Agenda Items” portion of the meeting. Requests must be for items that are under purview of the Commission.
One less than a majority of members is required to place an item on an agenda. The staff liaison will work with the Chair to determine the best meeting to place an item on an agenda.
Any background materials or information should be provided to the staff liaison for inclusion in the agenda packet. Future agenda items must be consistent with the Commission’s approved Work Plan.
5.9 Consideration of Agenda Items. The standard procedure for considering individual agenda items shall be as outlined below. From time to time, the prescribed order may be changed.
Official action requires a majority vote of the Commission/Committee of current members seated, not just those present. In the event that a Commission/Committee has a vacancy a majority vote shall be determined by the number of actively appointed members of the body.
Example: the Planning Commission is a body of five (5) commissioners, but has two (2) vacancies, with three (3) actively appointed Planning Commissioners. A majority vote of at least two (2) commissioners is required to take action on an item.
5.10 Procedures for Considering Agenda Items. Consideration of an agenda item should proceed in the following manner:
1. Presentation by Staff, Commissioner or Ad Hoc subcommittee; then
2. Commissioners ask clarifying questions; then
15 3. Members of the public are given an opportunity to speak on the item; then
4. Commissioners discuss the item; then
5. If needed, a motion is made upon which the Commission votes on.
5.11 Public Comment. Members of the public present in person at Commission meetings may comment on any item on the agenda. To facilitate an orderly meeting, each speaker is requested, but not required, to complete a Request to Speak card for each item they wish to speak on before discussion of that item begins. To ensure that all are heard, speakers are typically given three minutes to speak on each item. If there are more than 10 requests to speak on an agenda item, the Chair may limit each speaker’s time to two minutes.
The Chair has the right to ask a member of the public to stop from speaking if over the allotted time or if comments are not related to the topic at hand.
During regular meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment. For special meetings, comments may be offered only on items listed on the agenda. The Commission may not discuss or act on any item raised during the Public Comments on Items Not on the Agenda portion of the meeting.
5.12 Meeting Minutes. Written minutes of all regular and special meetings are kept as the official record of business transacted and are taken by the staff liaison. Minutes are modeled after the City Council form of minutes known as “action minutes” and include a record of the legislative actions from the meeting. They do not include summaries of comments or discussion made by Commissioners or members of the public. The staff liaison will endeavor to distribute draft minutes within 10 days of the meeting. Action minutes will state the text of a motion voted on by the Commission, the result of the vote, identify which Commissioners voted “aye”, “no”, abstained, recused, or were absent. Action minutes will also identify whether a motion passed or failed.
Any document submitted at a meeting, whether by a member of the public or a commissioner, becomes part of the public record. The staff liaison should make a notation on the document of the date it was submitted and file it with the meeting packet. The staff liaison is responsible for posting the materials received within 48 hours of the meeting to the City’s website and forwarding the material to the members of the commission.
5.13 Streaming of Commission Meetings. Commission meetings are held in person and simultaneously streamed via videoconferencing. Members of the public may view Commission meetings via the stream, but may not provide public comments virtually. If a disruption prevents the public from viewing a Commission meeting via videoconferencing, the meeting will be recessed and a good-faith effort made to restore service according to State law. Upon resuming and if the videoconference cannot be restored, the Commission shall, by role-call vote, adopt findings that good-faith efforts were made and that resuming the meeting serves the public interest more than further delay. Otherwise, the meeting shall be adjourned to a future date.
5.14 Teleconferencing. Commission members may participate in meetings via teleconference in accordance with State law (Gov. Code sec. 54953 et seq. as amended by AB 2449 and SB 707). Members participating via teleconferencing for Just Cause or Emergency Circumstances must participate via audio and visual methods. In all other circumstances,
16 members participating via teleconferencing shall participate via audio and visual methods, when practical. Members may participate via teleconference in no more than 20% of meetings in a calendar year (January to December), whether utilizing provisions of the traditional Brown Act or Just Cause or Emergency Circumstances. All meetings of the Commission must have a majority of members present in the physical meeting location within the City.
At the beginning of a meeting in which a member is participating via teleconference, the Chair, or the Vice Chair if the Chair is participating remotely, will ask the member(s) participating via teleconference to confirm the teleconference location was properly noticed according to State Law, the teleconference location is accessible to members of the public and whether anyone eighteen (18) years or older is present in the teleconference location besides the member.
SECTION 6. DECORUM
6.1 Meeting Procedures. All Commission meetings are open to the public and should be approached in a dignified, respectful manner. It is the responsibility of all Commissioners to take their duties and obligations seriously and to ensure that all meetings are productive and further the mission of the City.
6.2 Rules of Order. Rosenberg’s Rules of Order, with addendums adopted by the City Council, govern the conduct of Commission meetings. Information regarding the Rules of Order can be obtained from the City Clerk’s Office.
6.3 Decorum. Commissioners shall render the utmost courtesy to each other, the City Council, staff and members of the public. Commissioners may be subject to dismissal for failure to observe these standards.
Members of the public attending Commission meetings shall observe the same rules of order and decorum applicable to Commission members. Los Altos Municipal Code Chapter 2.05 – Public Meetings Rules for Conduct shall apply to all meetings. To provide an environment in which all viewpoints may be expressed, noise emanating from the audience, whether in opposition or support, shall not be permitted. Continual disruption of meetings by members of the public may be grounds for removal from the meeting.
SECTION 7. CONCLUSION
7.1 Conclusion. The City Council and staff appreciate your service as a Los Altos Commission member. The time and energy you expend help to make Los Altos the wonderful community it is. If at any time during your service, you have questions or concerns, do not hesitate to contact your staff liaison who can help to address any issue which may arise.
17 APPENDIX A
TIPS FOR CHAIR AND VICE CHAIR
(and anyone who may have to run a meeting)
The role of the Chair of the Commission is to preside at meetings and to help move the work of the Commission forward. The Chair (and Vice Chair) does not have any extra authority or power beyond that of his/her fellow Commissioners.
As Chair, you are responsible for conducting meetings of the Commission. It is important to limit discussion to those items on the agenda. For each agenda item, it is suggested that you follow this procedure:
1. Announce what the item being considered is
2. Ask if there is a report for the item – generally, this is provided by the staff liaison but occasionally may be provided by another Commissioner
3. Ask Commissioners if there are any clarifying questions
4. Take public comment – instructions for how to take public comment are included in the “Meeting Procedures” section of the Commission Handbook
5. Facilitate discussion among the Commission – it is important that each Commissioner is given equal chance to speak and express his/her opinion
6. After discussion of the item, ensure that a conclusion is reached – this can be in the form of a motion, direction provided to staff or an Ad Hoc subcommittee, decision to continue the item to a date certain or not certain, or to take no further action.
DISRUPTIONS
Should a disruption occur, whether at the in-person meeting location or on the videoconferencing platform, the Chair of the meeting should call for a recess until the disruption can be resolved. If the disruption cannot be resolved, the meeting should be adjourned.
APPLICATIONS
On occasion, a Commission may receive an application from a resident or community group which the Commission is to consider. In these instances, applicants are given a total of up to ten minutes to present their position/input prior to hearing other public comments. This is done after the staff has presented its report. After the applicant(s) has been presented, public comment is taken from the audience. Following public comment, the applicant is given five minutes to provide a rebuttal to any issue raised during public comments.
ANNOUNCING VOTES
The Brown Act requires that all votes be clearly noted, both at the meeting and in the record. It is the Chair’s responsibility to ensure that the vote is noted during the meeting. This is done by announcing how each member voted on a particular issue. If the voting is unanimous, it is sufficient to state “passes unanimously.” The staff liaison will ensure that the minutes accurately reflect how each member voted on each issue.
18 RECESS
It is customary to have a short recess two hours after the beginning of a meeting. The established hour after which no new items will be started is four hours after the beginning of the meeting.
Remaining items, however, may be considered by consensus of the Commission/Committee.
From: Manuel Hernandez
To: City Council
Subject: FW: LACC Cafe Update
Date: Monday, September 28, 2026 11:50:11 AM
Attachments: image001.png
City Council,
Here is a summary with the latest updates on the LACC Café project.
The County rejected the submitted plans and supporting documents created for the café space modifications in April
The County rejected the re-submittal plans and supporting documents while requesting additional revisions in June
The City brought in plumbing and electrical engineers to address the County’s increasing list of revisions
The revised plans and supporting documents were completed at the end of August Staff and Ada’s have completed a thorough review of the plans and supporting documents and re-submit to the County on September 9
The County provided an estimated review period of 25-30 days Manny A. Hernandez
Community Services Director
(650) 947-2889 | www.losaltosca.gov
97 Hillview Ave. | Los Altos, CA 94022
1 Melissa Thurman
From: Manuel Hernandez
Sent: Tuesday, October 13, 2026 10:22 AM
To: Taylor Brown; Melissa Thurman
Subject: FW: LACC Cafe Update(2)
Here is a summary with the latest updates on the LACC Café project. The County rejected the submitted plans and supporting documents created for the café space modifications in April
The County rejected the re-submittal plans and supporting documents while requesting additional revisions in June
The City brought in plumbing and electrical engineers to address the County’s increasing list of revisions
The revised plans and supporting documents were completed at the end of August StaƯ and Ada’s have completed a thorough review of the plans and supporting documents and resubmit to the County on September 9 The County provided an estimated review period of 25-30 days The County responded on 9/25 with one comment. Comment was addressed by staƯ and resubmitted on 10/8.
The County provided an estimated review period of 25-30 days Manny A. Hernandez
Community Services Director
(650) 947-2889 | www.losaltosca.gov
97 Hillview Ave. | Los Altos, CA 94022
City of Los Altos 2026 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.
Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.
October 27, 2026
Regular Meeting – 7:00 p.m.
CONSENT:
• Design Contract Award for Structural Reach to Freyer and Laureta • Award of Contract – PD Generator
PUBLIC HEARING:
• Detention Center Ordinance
DISCUSSION ITEM:
• Water Conservation Options
November 10, 2026
Regular Meeting – 7:00 p.m.
CONSENT:
• City’s Endorsement of the County’s 2026-2030 Community Plan to End Homelessness The remaining 2026 City Council agenda calendar items are pending and will be published at a later date.
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
Program 4.J: Facilitate alternate modes of transportation for Manager March 31, 2023 COMPLETED residents.
Adopt VMT Policy &
Transportation Demand 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 COMPLETED Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023 COMPLETED
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 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 COMPLETED Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023 COMPLETED
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 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 COMPLETED
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 IN-PROGRESS Program 6.G: Housing mobility
Allow housing on all
religious sites within the
City December 31, 2025 IN-PROGRESS
Program 1.F: Rezone Village Court parcel. December 31, 2025 COMPLETED Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025 IN-PROGRESS
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 IN-PROGRESS Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026 ONGOING
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 ONGOING
Program 1.L: General Plan amendments. Ongoing ONGOING
Program 1.M: SB 9 implementation. Ongoing ONGOING
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing ONGOING
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing ONGOING
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing ONGOING
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually ONGOING Program 4.A: Support efforts to fund homeless services. Ongoing ONGOING Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing ONGOING
Program 5.A: Monitor condominium conversions. Ongoing ONGOING Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing ONGOING
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing ONGOING
Program 5.D: Implement voluntary code inspection program. Ongoing ONGOING Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing ONGOING
Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing ONGOING
Program 6.B: Maintain and expand an inventory of affordable housing funding sources.
Inform, Evaluate
Apply/Submit Ongoing ONGOING
Program 6.F: Affirmatively market physically accessible units. Ongoing ONGOING Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing ONGOING Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing ONGOING
DATE: 10/13/2026
TO: COUNCILMEMBERS
FROM: CITY MANAGER’S OFFICE
SUBJECT: COUNCIL Q&A FOR OCTOBER 13, 2026 CITY COUNCIL REGULAR MEETING Agenda Item 2 (Treasurer’s Report):
• The City’s assets dropped $23.3 MM in the last quarter. The report states that $9 MM is attributable to “settlement timing, not spending.” Please elaborate. Please explain the causes for the additional $14 MM decline.
Answer: About $9 million of the change is timing between two of our own accounts, not money leaving the City. Cash moving from checking into our overnight investment account is briefly visible in both places, and June 30 fell on one of those days. We flagged it in the June report. It clears the following month.
The other $14 million we spent. Normal operating costs continued through the quarter while almost no revenue came in, since no property tax arrives until December. On top of that, our two largest annual payments fall at the start of the fiscal year. CalPERS took $5.2 million in July, including a $4.3 million prepayment on our unfunded pension liability, and the insurance premium, which covers the full fiscal year, was $2.1 million.
The quarterly chart in the report shows this is the normal pattern. Oct to Dec closed at $101.2 million, Jan to Mar at $105.1 million, and Jul to Sep at $101.9 million. Only Apr to Jun stands out at $125.2 million, because that is when property tax arrives and two allocations landed in that quarter. Apr to Jun includes about $9 million of the timing item described above, so the comparable figure is closer to $116 million. • Why was $12 MM drawn from LAIF, and do we anticipate additional draws before December property-tax receipts arrive?
Answer: We keep very little cash sitting in checking and draw from LAIF as we need it, since LAIF pays a better rate than the overnight sweep and the funds are still available the next business day. July took $7 million because CalPERS and the insurance premium hit the same month. August took $3 million and September $2 million as the monthly gap settled to $2 million to $3 million.
Yes, staff expects a modest draw in October, likely $1 million to $3 million. The first property tax apportionment arrives in November and largely closes the monthly gap from that point. For reference, the City drew $2 million from LAIF across the whole October to December quarter last year.
• In the interests of full transparency, can future reports summarize electronic payments (payroll, debt service, pensions) alongside check disbursements? Answer: Yes. Staff will add a disbursement summary to the Treasurer’s Report beginning with the quarter ending December 31, 2026. It will show total payments from the operating account split between checks and electronic payments, with the electronic side broken out by category. For reference, this quarter we paid $10.9 million by check and $13.0 million electronically. The electronic side is mostly CalPERS, payroll, and deferred compensation.
• Please provide further detail about these check register items:
Answer:
203270 07/01/2026 10536 CITY OF MORGAN HILL 1,500.00 Leadership Academy 203332 07/01/2026 12698 U.S. BANK 60,207.61 Monthly purchasing card (CalCard) 203361 07/09/2026 99998 Majid Saneinejad 19,873.30 Refund of a duplicate TrackIt permit charge
203765 08/13/2026 12322 SCVURPPP 88,897.00 Annual Assessment for Santa Clara Valley Urban Runoff Poluution Prevent Program
203931 09/03/2026 12166 REDWOOD TRADING POST 7,315.60 Uniforms for new hires (For field staff)
Agenda Item 7 (Residential Electrification Rebate Program):
• In the resolution, the first Whereas should refer to the Climate Action and Adaptation Plan.
Answer: Staff have made the update.
Agenda Item 8 (BMR For-Sale and Rental Housing Guidelines):
• Local preference programs are not automatically illegal, but California and federal fair housing law require that they not have a discriminatory effect on protected classes. Has the City completed a fair housing analysis to ensure that the preference won’t create disparate impacts by race, ethnicity, disability, familial status, or other protected categories?
Answer: Staff worked with outside affordable housing legal counsel to complete a fair housing analysis of the proposed BMR Guidelines, including an evaluation of the local preference provisions.
• Can a section be added to the policy obligating the City to report annually to the public and the Council on the application of the policy? Can a dashboard of some sort be added to the City’s website to monitor BMR housing sales and rentals? I would like to see tracking of demographic and fair-housing outcomes.
Answer: Staff can compile and publish aggregated data on BMR units on the City’s housing webpage.
• To strengthen the policy’s legal defensibility, can a Public Purpose Statement be added explaining why teachers, city employees, firefighters, and local workers are being prioritized?
Answer: This can be added to the guidelines if this priority category is included in the final approved guidelines.
• Is it the case for BMR owners, once they have purchased a unit they continue to be eligible to own the unit as long as it continues to be their primary residence (as well as other logistical requirements such as having insurance) regardless if their income has increased?
Answer: Yes, once a BMR unit is purchased, a subsequent increase in the owner’s income does not affect their continued eligibility to own the unit, provided they continue to comply with all other program requirements. • For BMU renters, an increase in their income can trigger a need to move out of a BMU. In a different scenario, if a renter no longer works in Los Altos (in any employment) but does still meet the income criteria, are they eligible to stay in the BMU assuming they meet income and primary residence criteria?
Answer: The priority categories are used only during the initial selection process. Once a resident occupies a BMR unit, only their household income is recertified annually.
Agenda Item 9 (Commission and Committee Handbook):
• Some minor wording suggestions: Commission Workplans, second paragraph, suggested edit underlined - "Each commission/committee is expected to develop each of their workplans at the end of each Calendar Year. A final workplan will be presented to the City Council at a meeting, typically a Study Session, at the beginning of each Calendar Year … “ Answer: This has been updated.
• Some minor wording suggestions: In “Reappointment”, second paragraph, the first sentence does not describe what has generally been happening in practice. Shouldn’t this paragraph be deleted, or at least edited along the lines of,“Commissioners may offer
feedback regarding their time on the Commission to their Council liaison or other Councilmember?"
Answer: This has been updated.
Agenda Item 10 (Update on Ada’s Café at the Community Center):
• Any further update from the County on Ada’s Cafe?
Answer:
o The County rejected the submitted plans and supporting documents created for the café space modifications in April
o The County rejected the re-submittal plans and supporting documents while requesting additional revisions in June
o The City brought in plumbing and electrical engineers to address the County’s increasing list of revisions
o The revised plans and supporting documents were completed at the end of August o Staff and Ada’s have completed a thorough review of the plans and supporting documents and re-submit to the County on September 9
o The County provided an estimated review period of 25-30 days o The County responded on 9/25 with one comment. Comment was addressed by staff and resubmitted on 10/8
o The County provided an estimated review period of 25-30 days League of California Cities Annual Conference – General Assembly Report: See attached.
Resolution No. 2026-XX Page 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING THE FY2026-27 OPERATING BUDGET APPROPRIATING $78,000
FROM THE GENERAL FUND FOR THE RESIDENTIAL ELECTRIFICATION
REBATE PROGRAM
WHEREAS, The City of Los Altos adopted a Climate Action and Adaptation Plan (CAAP) that identifies residential electrification and reduction of emissions from gaspowered equipment as key strategies to reduce greenhouse gas emissions; and WHEREAS, the City established the Residential Electrification Rebate Program in FY 2025-26 to provide rebates to residents who install electric heat pump water heaters and heat pump HVAC systems; and
WHEREAS, the Residential Electrification Rebate Program has proven highly successful, with strong and sustained community demand; and
WHEREAS, staff recommends supplemental funding of $78,000 to ensure the Residential Electrification Rebate Program remains available through June 30, 2027, and to maintain momentum toward the City's electrification goals; and
WHEREAS, the General Fund has sufficient fund balance to support this program; WHEREAS, the City Council finds that this action is consistent with the City's CAAP strategic priorities, and Financial Policies.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos adopt a resolution to:
1. Amend the FY 2026-27 operating budget appropriating $78,000 from the general fund for the residential electrification rebate program.
2. Authorize the City Manager to execute all documents and take all actions necessary to implement this Resolution.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 13th day of October 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, MAYOR
Resolution No. 2026-XX Page 2
Attest:
_____________________________
Melissa Thurman, MMC
CITY CLERK
INTRODUCTION
This manual functions as an introduction to service as a Commission or Committee member in Los Altos. For the purposes of this manual, the terms Commission member and Committee member are interchangeable. For those instances not covered in this manual, refer to the City Council Norms and Procedures and the Los Altos Municipal Code for additional guidance.
If there is any conflict between the rules set forth in this handbook and the Los Altos Municipal Code or the City Council Norms and Procedures, the Code and then the Norms and Procedures shall govern.
THE BASICS
GOVERNMENT IN THE CITY OF LOS ALTOS
The City of Los Altos operates under the Council-Manager form of government. The City Council sets policy for the City which is then carried out by the City Manager and staff.
Commissions are integral to the City’s commitment to developing policies which reflect the needs and values of the community. Commissions work closely with staff and the Council to carry out the duties and responsibilities assigned by the Council.
CITY COUNCIL
The City Council is elected by registered voters of the City of Los Altos and serves as the “Board of Directors” for the City. The Council is the legislative body of the City. It sets policy and establishes the City’s overall priorities, direction and financial plan. The Council appoints the City Manager, who is responsible for the administration of City business, and the City Attorney.
COUNCIL LIAISON
The City Council relies upon the expertise and recommendations of the Commissions and Committees in advising the Council as it sets City policy. The Council liaison function serves to facilitate and enhance this work. Their principal function is to provide a wide range of information to the advisory body, such as information about Council discussions, policies and actions. This helps provide an historical perspective and thereby place their work in context. However, the Commissions and Committees should act independently in formulating recommendations for the City Council to consider. Therefore, it is inconsistent for Council liaisons to direct, guide or unduly influence the policy making work of the City's advisory bodies. Council liaisons are not required to attend their Commission or Committee meetings. Council liaisons will meet, at a minimum, with the Commission Chair and Staff liaison once per year individually and once per year at the joint meetings of the City Council and the Commission. These meetings can be more frequent and will be based on the specific Commission.
COMMISSIONS/COMMITTEES
Members are appointed by a majority vote of the City Council to serve on Commissions and Committees to advise and make recommendations to the Council and staff. Commissions focus on specific policy issues and provide additional opportunity for community participation in decision making.
From time to time, there may be instances when staff’s recommendations on an issue may differ from those of the Commission. If this occurs, staff will inform the Commission of this in advance of the Council meeting and both recommendations will be presented to the Council for consideration.
As appointees of the City Council, members of Commissions are public officials. While City Council members are elected by districts, Commission members and are appointed to represent all residents of the City, not individual organizations or special interest groups. Care should be taken to ensure that viewpoints expressed as public officials are consistent with City Council policy and the position of the majority of the Commission. Minority opinions are allowed but Commissioners acting in the role of a commissioner should support actions taken by a majority of the Commission.
Unless speaking as the official spokesperson for the commission at a City Council or other public forum, commissioners should begin all written or verbal comments with “I am a commissioner for the [insert commission name here], but I am speaking on behalf of myself and my own personal beliefs.”
Each Commission is established by Chapter 2.08 of the Los Altos Municipal Code, which includes the powers and duties of each Commission. Committees, both standing and ad hoc, are created by Council action and typically are assigned to focus on a specific topic for a short duration. Ad hoc Committees (sometimes referred to as Task Forces) may include Commissioners.
COMMITTEES
The City Council may establish Committees to serve a purpose besides advising the City Council.
Examples of these bodies include the Council Youth Academy and the Senior Services Committee.
The City Council determines how individuals are appointed to these bodies. Committees set their own meeting schedules which may be at regular intervals or as needed. Meetings may be noticed and open to the public but are not subject to the Brown Act, are not streamed or broadcast and official minutes are not kept.
The Council may also create other ad hoc committees which are typically assigned to focus on a specific topic for a short duration. Ad hoc Committees (sometimes referred to as Task Forces) may include Commissioners.
OTHER WORKING BODIES
From time to time, the City Council may form other working bodies to evaluate or work on specific topics or areas of interest. These bodies are not Commissions or Committees, do not advise the City Council and are not subject to the Brown Act.
While these bodies are not official Commissions, individuals involved in these bodies are expected to serve as representatives of the City. Members of these bodies are subject to the Municipal Code, Council Norms and Procedures and Commission and Committee Handbook.
STAFF
The City Manager serves as the “Chief Executive Officer” for the City and implements policy set by the City Council, manages the day-to-day affairs of the City, appoints and removes employees, prepares the budget, enforces laws and ordinances, and makes recommendations to the Council on the general welfare of the City. He/sheThe City Manager hires professionally trained staff to assist in carrying out his/herthese responsibilities.
The City Manager assigns staff members to assist the various Commissions in carrying out their responsibilities. These staff liaisons, by virtue of their technical training and experience, are competent to provide such assistance.
Commissions shall work closely with the staff liaisons; however, they do not have the authority to supervise or direct the work of staff.
Requests by a commission or commissioner for assistance in completing research or analysis for the benefit of a commission may be directed towards the Department Head, which oversees the assigned Staff Liaison, who will work with the appropriate staff.
ROLE OF STAFF LIAISON
Attend all meetings of the Commission
Prepare agendas in collaboration with the Chair
Work with the Commission in the development of a work plan for the coming year and a summary of accomplishments for the previous year
Research and prepare reports for the Commission, as is consistent with the work plan and/or Council direction
Ensure agendas and reports are posted in compliance with State law and City protocols Prepare action minutes for approval by the Commission Prepare reports from the Commission to the Council, ensuring that reports represent the majority view and recommendation of the Commission
Serve as the liaison between the Commission and City staff Submit all budget requests from Commissions to cover costs associated with accomplishing their mission as well as to attend training sessions related to accomplishing the work of the Commission
Communicate directions from the City Council to the Commission Stay apprised of new laws and City protocols related to their assigned Commission or Commissions generally
MEETING DAYS AND TIMES
Each Commission meets at a regularly scheduled day and time. The City Council establishes the meeting frequency for each Commission and each Commission establishes the day and time of regular meetings. Regularly scheduled commission meeting days and times are established by the City Council. To facilitate and encourage public participation, no commission meeting can be held during the same meeting time as a City Council meeting and commissions should strive to not have any overlapping commission meeting with another commission’s regular meeting.
Additionally, commission meeting times are typically scheduled for later in the day to not impede normal city business hours effectively ensuring services are available until the close of business each day.
Commission special meetings shall be held in accordance with the provisions of regularly scheduled meetings to not impede city services and operations.
With majority support of the commission members, any commission can request a change in the approved day and time for a commission regularly occurring meeting for approval by the City Council. A request for a change in meeting day and time shall be respective of city business hours to ensure that staff and services are provided throughout the day. Such a request shall be included in an agenda report prepared by the staff liaison and placed on the Commission’s agenda as a Discussion Item before being brought to the City Council as an item on the consent calendar.
A complete calendar of all regular commission meetings can be found on the City website.
COMMISSION WORKPLANS
When a commission workplan is necessary eEach commission shall discuss and prepare its annual work plan based upon the City Council annual priorities and budget, which shall be submitted and approved by the City Council. The work plan is a list of the anticipated topics, assignments and goals that the Commission will focus on over a 12-month period. From time to time, the City Council may amend the approved commission work plan in order to achieve the goals of the city.
Any requested modifications should be in line with the goals and objectives of the commission and the city.
Each commission/committee is expected to develop each of their workplans at the end of each Calendar Year. A final workplan will be presented to the City Council at a meeting, typically a Study Session at the beginning of each Calendar Year with specific dates determined by the Mayor.
MEMBERSHIP ON CITY COMMISSIONS
Unless otherwise directed, Commission members must be residents of the City of Los Altos. If, at any time during their term, a member moves to a principal residence outside the City, they shall become ineligible to continue as a member of that body and shall notify the Commission’s assigned staff liaison as soon as possible. It is expected that when a commissioner moves to a principal residence outside the City, they will submit a letter of resignation to the assigned staff liaison and the City Clerk.
Members are appointed by and serve at the pleasure of the City Council. Except for Senior and Youth Commissioners, mMembers serve for a term of four years and may serve a total of two, four- year terms, plus any portion of an unexpired term for which they have been appointed. Senior Commissioners may serve four, two-year terms. Youth Commissioner may serve two-year terms through the conclusion of their final year in high school.
No Commissioner shall serve simultaneously on two separate Commissions. When a Commissioner ends their service on one Commission, the individual can then be appointed to a different Commission.
Ad hoc Committee members are appointed and shall serve until the task of the ad hoc committee has been completed at which time the Committee shall be disbanded. Council members and Commissioners may serve on ad hoc committees.
Two members of an immediate family, or people residing in the same household, are not allowed to serve simultaneously on the same Commission or Committee, including ad hoc Committees.
Immediate fFamily members of City Council members, including former spouses or partners, are not eligible for appointments to any Commission or Committee during the term of the elected Councilmember.
APPOINTMENT
The City Council accepts applications for Commission positions during the formal recruitment period. Once per year in SeptemberJuly, formal recruitment is conducted for those positions which are or will become vacant (including those for which an incumbent is eligible for reappointment).
The City may conduct recruitment for specific vacancies between formal recruitments if there is a vacancy that causes a commission to fall below quorum or at the direction of City Council after a request from a commission chair or commission liaison.
Except for the Youth Commission, all other commission recruitments will follow the same process.
Youth Commission applicants are interviewed by the City Council Youth Commission Interview Committee which then makes appointment recommendations to the full City Council at a regular Council meeting.
The City Clerk announces that formal recruitment for commissioners is currently open so interested individuals should submit their application to the City for review. The City Clerk works with the staff liaisons, other City staff, City Council, and community groups to conduct as much public outreach as possible. This public outreach will include but is not limited to posting on the City website, City social media, local newspapers, and email notifications to previous commissioners or applicants.
City Council may only review applications for appointments once the application period ends.
Interested applicants submit their complete application to City staff, where they will indicate their desired commission(s). City staff verify that the individual lives within the City of Los Altos and may is eligible to serve on the desired commission(s).
City Council holds at least one (1) meeting that will include interviews and voting on commissioners. All applicants are allotted the same amount of time to ensure that all candidates are given equal treatment.
After all interviews are completed, the City Council submits a written ballot with their appointees selections. Ballots submitted by Council members are public records. In the event of a tie, the City Council will be encouraged to vote again until the tie has been broken and an applicant is chosen for the seat. If a tie cannot be broken, the Council may determine to hold a seat vacant until another recruitment can be completed.
Incumbent applicants will have their attendance record included as part of their application packet for review by the City Council.
REAPPOINTMENT
Upon completion of the first four-year term, or an unexpired term, Commissioners interested in continuing to serve on a commission shall notify the City Clerk that they have an interest in continuing on the commission and complete a new application for reappointment to the Commission for another four-year term. To qualify for reappointment, a Commissioner shall have met the minimum attendance requirements during the duration of their previous term.
Commissioners requesting reappointment will be interviewed by the City Council.
Reappointments will occur at the same time as new appointments to the Commission.
Upon completion of their service, Commissioners are encouraged to meet, either in person or via telephone, with the Council Liaison assigned to their respective Commission or another Councilmembermay offer feedback regarding their time on the Commission to their Council liaison or to another Councilmember. The purpose of this meeting is to provide Commissioners with a chance to offer feedback to the Council regarding their time on the Commission.
RESIGNATION/REMOVAL
In the event a member is unable to continue serving because of change of residence, health, business requirements or other personal reasons, a letter of resignation must be submitted to the City Clerk.
Members of Commissions serve at the pleasure of the City Council. The City Council shall review members’ performance and fulfillment of Commission member obligations and may remove a member from a Commission based upon that review. The City Council may discipline or remove a commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a future Council agenda.
ATTENDANCE AND PARTICIPATION
A majority of members are necessary to conduct business. As such, Commission members are expected to attend no less than 75% of the regularly scheduled meetings annually during their term of office. At the end of each year, the City Council reviews an annual attendance report for each Commission. A Commissioner may be removed for failing to attend the required minimum number of meetings or after a third consecutive absence. If a Commissioner must miss a meeting, they shall inform the staff liaison a minimum of two weeks’ notice prior to the regularly-scheduled commission meeting whenever possible. If a Commission meeting is cancelled due to a lack of quorum, that meeting will still be considered a regularly scheduled meeting for purposes of calculating attendance, and those members whose absence caused the cancellation shall be charged with an absence for that meeting.
Commissions benefit from the informed input of each member of the body. Each Commission member is expected to exercise judgment by formulating recommendations for the City Council.
Members are expected to be prepared for meetings and to participate and vote on every issue before the Commission, unless they are legally prohibited from participating. Lack of preparation and participation can be grounds for removal from a Commission. Each commission is to keep a rotation schedule for representation at City Council meetings by one of its members. Attendance is required when a commission has an item of interest on the Council agenda, to be available to answer Council questions.
COMMISSION MEMBER RESPONSIBILITIES
Prepare for and participate in Commission meetings
Attend at least 75% of scheduled meetings annually
File Form 700 on time, if required
Read and acknowledge receipt of the Commission and Committee Handbook Complete Brown Act Training within sixty (60) days of beginning service Complete two hours of Ethics Training within thirty (30) days of assuming office and every two years thereafter
Attend Annual Commission Training upon appointment and every two years while seated as a Commissioner
STATEMENT OF ECONOMIC INTEREST
The Statement of Economic Interest (Form 700) is a form on which designated employees and officials disclose certain financial interests. State law dictates that members of the Planning Commission must file Form 700s. In addition, the City identifies those positions which are subject to the City’s Biennial Conflict of Interest Code. Those individuals appointed to positions identified in the Conflict-of-Interest Code are required to file Form 700s. Commission members not identified in the Conflict-of-Interest Code are not subject to these regulations.
Commissioners are responsible for ensuring that statements are filed properly and on time. For assistance in completing the forms, contact the City Clerk’s Office or the Fair Political Practices Commission (FPPC). Non-compliant Commissioners shall receive a letter from the City Clerk