Agenda packet — Los Altos Hills City Council, November 17, 2022 (part 4 of 6)

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IF YOU ONLY READ THE IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BALLOT, YOU’RE BEING DUPED Recommendation 1e
Governing entities4 within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation 1d.

Recommendation 1f

The County should, by March 31, 2023, take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on.
4 Id.

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IF YOU ONLY READ THE IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BALLOT, YOU’RE BEING DUPED

REQUIRED RESPONSES
Pursuant to California Penal Code § 933(b) et seq. and California Penal Code § 933.05, the County of Santa Clara 2022 Civil Grand Jury requests responses from the following governing bodies:

Responding Agency Findings Recommendations
County of Santa Clara Board of Supervisors 1 1a, 1b, 1d, 1f City of Campbell 1 1b, 1c, 1e
City of Cupertino 1 1b, 1c, 1e
City of Gilroy 1 1b, 1c, 1e
City of Los Altos 1 1b, 1c, 1e
Town of Los Altos Hills 1 1b, 1c, 1e
Town of Los Gatos 1 1b, 1c, 1e
City of Milpitas 1 1b, 1c, 1e
City of Monte Sereno 1 1b, 1c, 1e
City of Morgan Hill 1 1b, 1c, 1e
City of Mountain View 1 1b, 1c, 1e
City of Palo Alto 1 1b, 1c, 1e

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IF YOU ONLY READ THE IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BALLOT, YOU’RE BEING DUPED Responding Agency Findings Recommendations
City of San Jose 1 1b, 1c, 1e
City of Santa Clara 1 1b, 1c, 1e
City of Saratoga 1 1b, 1c, 1e
City Sunnyvale 1 1b, 1c, 1e
Santa Clara Valley Water District 1 1b, 1c, 1e
Valley Transportation Authority 1 1b, 1c, 1e
El Camino Healthcare 1 1b, 1c, 1e
Foothill-DeAnza Community College District 1 1b, 1c, 1e San Jose Unified School District 1 1b, 1c, 1e
East Side Union High School District 1 1b, 1c, 1e
Cupertino Union School District 1 1b, 1c, 1e

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IF YOU ONLY READ THE IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BALLOT, YOU’RE BEING DUPED

REFERENCES
Bibliography:

Alameda County 2020-2021 Grand Jury, Final Report, “The Need for Accuracy and Impartiality of Ballot Measure Questions,” June 2022.

Ballotpedia.org, https://ballotpedia.org/Santa_Clara_County,_California, Measure A (June 2022); Measures F, G, H, L, and S (November 2020); Measure AA (November 2016); Measure H (November 2014); Measure E (November 1998) (accessed September 22, 2022).

Borenstein, Daniel, “Tricks California Local Officials Use To Trick Voters,” The Bay Area News Group, https://www.mercurynews.com/2022/01/21/borenstein-tricks-california-local-officialsuse-to-deceive-voters/ January 21, 2022 (accessed August 23, 2022).

California Elections Code sections 303, 9051, 9100-9190, 9295, 13120, and 133247.

Christopher, Ben; Kamal, Sameea, “California Ballot Measures: What You Need to Know,” https://calmatters.org/explainers/california-ballot-measures-2022/ June 30, 2022, updated July 1, 2022 (accessed August 23, 2022).

City and County of San Francisco Department of Elections, https://sfelections.sfgov.org/measures (accessed August 2, 2022).

County of Santa Clara 2020-21 Grand Jury, Final Report, “Gavilan College Measure X Bond Program: Oversight Shortchanged.” June 2022.

County of Santa Clara, Office of the Clerk of the Board of Supervisors, List of Boards and Commissions, https://stenttssaim2publicportal.blob.core.windows.net/bcentcabodocs/MaddyReport.pdf (accessed August 24, 2022).

County of Santa Clara Registrar of Voters, Ballot Measures proposed for the upcoming November 2022 election, https://sccvote.sccgov.org/candidates-measures/november-8-2022- general-election-list-local-measures (accessed Aug 20, 2022).

Editorial, Mercury News and East Bay Times, “Stop Deceiving Bay Area Voters On Local Tax Measure Costs,” MercuryNews.com, https://www.mercurynews.com/2020/06/26/editorial-stopdeceiving-voters-on-local-tax-measure-costs/ June 26, 2020 (accessed August 23, 2022).

Kumar, Rishi, “Opinion: Why 4 Valley Water board members should resign,” MercuryNews.com, https://www.mercurynews.com/2022/05/11/opinion-why-4-valley-waterboard-members-should-resign/ May 11, 2022 (accessed August 23, 2022).

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IF YOU ONLY READ THE IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BALLOT, YOU’RE BEING DUPED Rogers, Paul, “Self-Serving Dishonesty: Liccardo Blasts Santa Clara Valley Water District Measure To Extend Term Limits, Even After Polling Shows Voters Oppose,” Mercury News, March 30, 2022 (accessed August 23, 2022).

Santa Cruz County 2020-2021 Grand Jury, Final Report, “Words Matter: Did Measure G Deceive Voters?” June 2022.

Caselaw:

Amador Valley Joint Union High School District v. State Board of Equalization, 22 Cal.3d. 208 (1978).

Becerra v. Superior Court, 19 Cal.App.5th 967 (2017).

Denny v. Arntz, 55 Cal.App.5th 914 (2020).

Harbor v. Deukmejian, 43 Cal.3d 1078 (1987).

Hicks v. Bd. of Supervisors, 69 Cal. App. 3d 228 (1977).

Home Gardens Sanitary Dist. v. City of Corona, 96 Cal. App. 4th 87 (2002).

Martinez v. Superior Court, 142 Cal.App.4th 1245 (2006).

McDonough v. Superior Court of Santa Clara, 204 Cal.App.4th 1169 (2012).

People v. Langdon, 54 Cal. App.3d 384 (1976).

Rodeo Sanitary Dist. v. Bd. of Supervisors, 71 Cal. App.4th 1443 (1999).

Yes on 25, Citizens for an On-Time Budget v. Superior Court, 189 Cal.App.4th 1445 (2010).

Interviews:

The Civil Grand Jury conducted interviews with ten individuals between June 28, 2022, and August 22, 2022.

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IF YOU ONLY READ THE IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BALLOT, YOU’RE BEING DUPED This report was ADOPTED by the Santa Clara County 2022 Civil Grand Jury on this 7th day of October, 2022.
______________________________
Mr. James Renalds
Foreperson

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: ADOPTION (SECOND READING) OF ORDINANCE 604 AMENDING CHAPTERS 1 THROUGH 1.11 OF TITLE 8 (BUILDING REGULATIONS) OF

THE LOS ALTOS HILLS MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE,

INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE, BUILDING,

RESIDENTIAL BUILDING, ELECTRICAL, MECHANICAL, PLUMBING,

ENERGY, HISTORICAL BUILDING, EXISTING BUILDING, AND

REFERENCED STANDARDS, INCLUDING LOCAL MODIFICATIONS AND

AMENDMENTS TO THE CODES
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Waive further reading and adopt the Ordinance 604 (Attachment 1) to amend Chapters 1 through

1.11 of Title 8 of the Los Altos Hills Municipal Code and adopt by reference the 2022 California Building Standards Code with local modifications and amendments.

BACKGROUND
Every three (3) years, the California Building Standards Commission, along with other state agencies, reviews the California Building Standards Code (CBC) and adopts updates to the codes as part of Title 24 of the California Code of Regulations. The latest Building Standards Code edition (published in July 2022 and referred to as the 2022 CBC), supersedes the 2019 CBC and all locally adopted amendments, and becomes effective statewide on January 1, 2023, without any further action required by local agencies or cities.

The Ordinance 604 (Attachment 1) for the adoption of the 2022 California Building Standards Code includes all previous code amendments that were adopted in 2019 with minor edits for dates and code sections to reflect the 2022 regulations. No new amendments are proposed at this time.

On October 20, 2022, the City Council voted 5-0 to introduce an Ordinance to amend Chapters 1 through 1.11 of Title 8 of the Los Altos Hills Municipal Code and adopt by reference the 2022 California Building Standards Code with local modifications and amendments (for Meeting minutes, see Agenda item 4A).

ENVIRONMENTAL REVIEW
The proposed Ordinance amendments are exempt from California Environmental Quality Act (CEQA) pursuant to "general exemptions" described in Section 15061(b)(3) of the CEQA AGENDA ITEM #4.I
S.M.

P.P.

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Staff Report to the City Council
2022 California Building Standards Code Update
November 17, 2022

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Guidelines, since the Ordinance amendments would not have any significant effects on the environment.
2022 CITY COUNCIL STRATEGIC PRIORITIES
This request was not part of the Council’s priorities for 2022. However, the proposed amendments resonate with City Council’s value/priority area, “Promote Public Safety”.

FISCAL IMPACT
Although there is no fiscal impact to the Town associated with this recommendation, the cost of construction generally increases with each update of the Building Code.

ATTACHMENTS

1. Ordinance 604

2. October 20, 2022, Staff Report to the City Council (no attachments)

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Ordinance 604 Page 1
ORDINANCE 604

AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
CHAPTERS 1 THROUGH 1.11 OF TITLE 8 OF THE LOS ALTOS HILLS

MUNICIPAL CODE WHICH ADOPTS AND AMENDS BY REFERENCE
PROVISIONS OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE

AND LOCAL CODE AMENDMENTS
WHEREAS, the 2022 Edition of the California Building Standards Code has been amended and adopted by the California Building Standards Commission; and WHEREAS, the Town of Los Altos Hills (“Town”) wishes to adopt building code regulations in accordance with law and to use the most updated regulations in the processing of development in the Town; and
WHEREAS, Government Code § 50022.2 authorizes cities to enact ordinances adopting any code by reference; and
WHEREAS, because of the Town's unique climatic, topographic and geologic conditions, the Town desires to make amendments and additions to the 2022 Edition of the California Building Standards Code, as set forth herein; and
WHEREAS, pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the Town of Los Altos Hills hereby finds that the amendments adopted herein are reasonably necessary because of the following local climatic, topographic and geologic conditions:

1. The Town of Los Altos Hills experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush and structure fires.

2. The remoteness and steepness of hillside areas in the Town significantly impacts the ability of emergency responders to extinguish or control wildland or structure fires.

These factors cumulatively mandate special provisions for Fire Department access, fire protection water supplies, automatic fire sprinklers and fire retardant roof coverings.

3. The Town of Los Altos Hills is geographically situated adjacent to active earthquake faults capable of producing substantial seismic events. Since the Town is divided by a freeway and other major traffic corridors, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more bridges collapse or be substantially damaged.

4. Fire suppression capabilities will be severely limited should the water system be extensively damaged during the seismic event.

5. Roofs that are not fire-retardant contribute to the spread of fires, and therefore pose a risk to the safety of the Town’s citizens and their property.

Attachment 1

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Ordinance 604 Page 2
WHEREAS, prior to the effective date of this ordinance, the City Clerk shall file a copy of the ordinance with the California Building Standards Commission; and WHEREAS, in accordance with Health and Safety Code section 17958.7, the City Council hereby finds that each of the above findings is applicable to each of the modifications to the 2022 Edition of the California Building Standards Code described in this ordinance; and WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:

1. Title VIII, Chapter 1, “California Administrative Code,” is hereby amended to read as follows:

Chapter 1 CALIFORNIA ADMINISTRATIVE CODE
8-1.01 Adoption of the 2022 California Administrative Code. a. The 2022 California Administrative Code, Part 1, a portion of the California Building Standards Code, Title 24 of the California Code of Regulations, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Administrative Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.
b. One copy of the Administrative Code shall be kept on file at the Town of Los Altos Hills.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:

1. Title VIII, Chapter 1.1, “California Building Code (Volumes 1 & 2)” is hereby amended to read as follows:

Chapter 1.1 CALIFORNIA BUILDING CODE (Volumes 1 & 2)
8-1.1.01 Adoption of 2022 California Building Code (Volumes 1 & 2). a) The 2022 California Building Code, Part 2, Volumes 1 and 2, a portion of the California Building Standards Code, Title 24 of the California Code of Regulations, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Building Code”), including all Appendices and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.

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Ordinance 604 Page 3
b) One copy of the Building Code shall be kept on file at the Town of Los Altos Hills. 8-1.1.02 Amended sections of adopted codes.

Notwithstanding the provisions of Section 8-1.1.01, the Building Code is amended as follows:

A. Section 1505.1.2 is amended to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fireretardant roof covering that is at least Class A.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:

1. Title VIII, Chapter 1.2, “California Residential Code,” is hereby amended to read as follows
Chapter 1.2 CALIFORNIA RESIDENTIAL CODE
8-1.2.01 Adoption of 2022 California Residential Code.
a) The 2022 California Residential Code, Part 2.5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Residential Code”), including all Appendices and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Residential Code shall be kept on file at the Town of Los Altos Hills. 8-1.2.02 Amended sections of adopted codes.

Notwithstanding the provisions of Section 8-1.2.01, the Residential Code is amended as follows:
a) Section R313.2 is amended to read:

R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings as follows:

1. In all new one- and two-family dwellings.

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Ordinance 604 Page 4

2. In existing one- and two-family dwellings where during the process of a remodel and/or addition, the existing roof structure (joists, rafters, etc.) is removed over an area that exceeds 75% of the existing dwelling floor area. For any disagreement on the amount of roof structure being removed, a State of California licensed architect or structural engineer shall be utilized to calculate the percentage of the roof to be replaced.

3. In existing one- and two-family dwellings when additions are made that increase the building area by 50% or more.

4. In all attached Accessory Dwelling Units, additions or alterations to an existing oneand two-family dwelling that have an existing fire sprinkler system.

5. In all new basements and in existing basements that are expanded by more than 50%.

Exceptions: Detached Accessory Dwelling Units, provided that all of the following are met:
a) The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b) The existing primary residence does not have automatic fire sprinklers. c) The detached accessory dwelling unit does not exceed 1,200 square feet in size. d) The accessory dwelling unit is on the same lot as the primary residence. e) The accessory dwelling unit meets all access and water supply requirements of Chapter 5 and Appendix B and C of the 2019 California Fire Code. (b) Section R337 Materials and Construction Methods for Exterior Wildfire Exposure is hereby adopted in its entirety.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.3, “California Electrical Code,” is hereby amended to read as follows:

Chapter 1.3 CALIFORNIA ELECTRICAL CODE
8-1.3.01 Adoption of 2022 California Electrical Code.
a) The 2022 California Electrical Code, Part 3, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Electrical Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.

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Ordinance 604 Page 5
b) One copy of the Electrical Code shall be kept on file at the Town of Los Altos Hills.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.4, “California Mechanical Code,” is hereby amended to read as follows:

Chapter 1.4 CALIFORNIA MECHANICAL CODE
8-1.4.01 Adoption of 2022 California Mechanical Code.
(a) The 2022 California Mechanical Code, Part 4, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Mechanical Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.
(b) One copy of the Mechanical Code shall be kept on file at the Town of Los Altos Hills.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.5, “California Plumbing Code,” is hereby amended to read as follows:

Chapter 1.5 CALIFORNIA PLUMBING CODE
8-1.5.01 Adoption of 2022 California Plumbing Code.
a) The 2022 California Plumbing Code, Part 5, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Plumbing Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.
b) One copy of the Plumbing Code shall be kept on file at the Town of Los Altos Hills. 8-1.5.02 Amended sections of adopted code.

Notwithstanding the provisions of Section 8-1.5.01, the Plumbing Code is amended as follows:

A. Section 719.1 is amended to read:

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Ordinance 604 Page 6
719.1 Locations. Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade.

Additional building sewer cleanouts shall be installed at intervals not to exceed 100 feet in straight runs, for each aggregate horizontal change in direction exceeding 135 degrees, and at the property line where the private sewer system connects to the publically-maintained sanitary sewer lateral. All such cleanouts shall be extended to grade with materials and according to specifications approved by the sewer agency and shall terminate with a concrete box.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.6, “Energy Code,” is hereby amended to read as follows:

Chapter 1.6 CALIFORNIA ENERGY CODE
8-1.6.01 Adoption of 2022 California Energy Code.
a) The 2022 California Energy Code, Part 6, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Energy Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.
b) One copy of the Energy Code shall be kept on file at the Town of Los Altos Hills.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.7, “California Historical Building Code,” is hereby amended to read as follows:

Chapter 1.7 CALIFORNIA HISTORICAL BUILDING CODE
8-1.7.01 Adoption of 2022 California Historical Building Code. (a) The 2022 California Historical Building Code, Part 8, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Historical Building Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. (b) One copy of the Historic Building Code shall be kept on file at the Town of Los Altos Hills.

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Ordinance 604 Page 7
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.9, “California Existing Building Code,” is hereby amended to read as follows:

Chapter 1.9 CALIFORNIA EXISTING BUILDING CODE
8-1.9.01 Adoption of 2022 California Existing Building Code. a) The 2022 California Existing Building Code, Part 10, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as the “Existing Building Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Existing Building Code shall be kept on file at the Town of Los Altos Hills.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title VIII, Chapter 1.11, “California Referenced Standards Code,” is hereby amended to read as follows:

Chapter 1.11 CALIFORNIA REFERENCED STANDARDS CODE
8-1.11.01 Adoption of 2022 California Referenced Standards Code. a) The 2022 California Referenced Standards Code, Part 12, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., (hereinafter referred to as “Referenced Standards Code”), and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein. b) One copy of the Referenced Standards Code shall be kept on file at the Town of Los Altos Hills.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable.

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Ordinance 604 Page 8
The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

2. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

BY: _________________________
George Tyson, Mayor
ATTEST:
_________________________
Deborah Padovan, City Clerk
APPROVED AS TO FORM:
_________________________
Steve Mattas, City Attorney

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TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 1 THROUGH 1.11 OF TITLE 8 (BUILDING REGULATIONS) OF THE LOS

ALTOS HILLS MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING STANDARDS CODE, INCLUDING BUT NOT

LIMITED TO ADMINISTRATIVE, BUILDING, RESIDENTIAL BUILDING,

ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, HISTORICAL

BUILDING, EXISTING BUILDING, AND REFERENCED STANDARDS,

INCLUDING LOCAL MODIFICATIONS AND AMENDMENTS TO THE
CODES
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Waive reading and introduce the Ordinance (Attachment 1) to amend Chapters 1 through 1.11 of Title 8 of the Los Altos Hills Municipal Code and adopt by reference the 2022 California Building Standards Code with local modifications and amendments.

Local jurisdictions have the option of adopting more stringent amendments to the code based upon local climatic, topographic or geologic conditions. In all previous California Building Standards Code updates, the Town has adopted local amendments and included these amendments within Title 8 of the Municipal Code. Any proposed amendments adopted after January 1, 2023, become effective on the date they are filed with the California Building Standards Commission.

The proposed ordinance (Attachment 1) for the adoption of the 2022 California Building Standards Code includes all previous code amendments that were adopted in 2019 with minor edits for dates and code sections to reflect the 2022 regulations. No new amendments are proposed at this time.

Additional Green Building Standards Code amendments are included in a separate staff report and Fire code amendments will be presented at a future meeting.

Attachment 2
S.M.

P.P.

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Staff Report to the City Council
2022 California Building Standards Code Update
October 20, 2022

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NOTICING/PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
• Newspaper notice – October 8, 2022
• Public Posting Places – October 7, 2022
• Town Website: www.losaltoshills.ca.gov – October 14, 2022

DISCUSSION
On June 30, 2022, the California Building Standards Commission (CBSC) adopted a complete set of new building codes based on the latest international and national model building codes. These regulations are referred to as the California Building Standards Code and are codified in California Code of Regulations, Title 24 (Model Code). The 2022 Model Code replaces current codes and become effective on January 1, 2023. The Model Code is mandatory and must be enforced by local government agencies.

The adoption of the new Model Code is a triennial process done by the CBSC, which is responsible for reviewing, adopting, and publishing building standards for the State of California. Through the code adoption process, the CBSC selects and approves a Model Code, which participating State agencies, such as State Fire Marshal (SFM), Division of the State Architect (DSA), and California Department of Health Care Access and Information (HCAI) have an opportunity to review and amend for the occupancy groups under their respective authorities.

The State allows local agencies to adopt amendments to the Model Code and building standards as long as they are more restrictive than state standards and are based on findings justifying local restrictions based on local geologic, climatic, and topographic conditions, per California Health & Safety Code Section 17958. Amendments to administrative provisions of the Model Code do not require local findings.

In accordance with the California Building Standards Commission Information Bulleting 22- 01, all applications for building permits submitted on or after January 1, 2023, are subject to compliance with the 2022 California Building Standards Code. The 2019 California Building Standards Code remains in effect and applies to plans, specifications, and construction performed where the application for a building permit is received on or before December 30, 2022.

The 2022 Model Code includes the following specific codes/regulations:
• 2022 California Building Code Volumes 1 & 2
• 2022 California Mechanical Code
• 2022 California Plumbing Code
• 2022 California Electrical Code
• 2022 California Existing Buildings Code
• 2022 California Historical Building Code
• 2022 California Energy Code
• 2022 California Residential Code

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Staff Report to the City Council
2022 California Building Standards Code Update
October 20, 2022

Page 3 of 3 ends

The code amendments adopted in 2019 have been implemented over the past three (3) years and there have been no implementation issues. There are no proposed amendments to this code cycle except for changing the reference from 2019 CBC to 2022 CBC.

Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State-adopted California Building Standards Code. As discussed, staff is not proposing amendments to the State-adopted California Building Standards Code.

CONCLUSION
The Town has prepared findings that certain local amendments to the minimum building standards are necessary due to local climatic, topographic, or geologic conditions and these findings are included in the introduction of the draft ordinance.

ENVIRONMENTAL REVIEW
The proposed ordinance amendments are exempt from California Environmental Quality Act (CEQA) pursuant to "general exemptions" described in Section 15061(b)(3) of the CEQA Guidelines, since the ordinance amendments would not have any significant effects on the environment.
2022 CITY COUNCIL STRATEGIC PRIORITIES
This request was not part of the Council’s priorities for 2022. However, the proposed amendments resonate with City Council’s value/priority area, “Promote Public Safety”.

FISCAL IMPACT
Although there is no fiscal impact to the Town associated with this recommendation, the cost of construction generally increases with each update of the Building Code.

ATTACHMENTS

1. Draft Ordinance

2. Ordinance 585 and 588

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: ADOPTION (SECOND READING) OF ORDINANCE 605 OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 1.10 (GREEN
BUILDING STANDARDS CODE) OF TITLE 8 (BUILDING

REGULATIONS) OF THE LOS ALTOS HILLS MUNICIPAL CODE

AND ADOPT BY REFERENCE REGULATIONS THAT REQUIRE THE

ELECTRIFICATION OF NEW RESIDENTIAL BUILDINGS BASED

ON SPECIAL LOCAL CONDITIONS AND ADOPT REGULATIONS

TO REQUIRE EV READY CONSTRUCTION FOR NEW

RESIDENTIAL BUILDINGS AND ESTABLISH ELECTRIC VEHICLE

PERMIT STREAMLINING PROCESS AND TIMELINES
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Waive further reading and adopt the Ordinance 605 (Attachment 1) amending Chapter 1.10 (Green Building Standards Code) of Title 8 of the Los Altos Hills Municipal Code and adopt by reference local amendments that require the electrification of new residential buildings and require EV ready construction for new residential buildings based on special local conditions. Additionally, adopt a new Chapter 11 of Title 8 to establish electric vehicle permit streamlining processes and timelines.

BACKGROUND
While the State of California updates the building code every three (3) years, and all jurisdictions must adopt this code at a minimum, cities and counties may also choose to adopt local building codes that “reach” above and beyond the State minimum. A local jurisdiction can choose to adopt a reach code in order to achieve additional health, safety, and environmental benefits such as increased energy and emissions savings.

Reach Codes are amendments to the Energy and/or Green Building Standards Codes to reduce greenhouse gas emissions (GHGs). Adopting Reach Codes create opportunities for local governments to lead initiatives on climate change solutions, clean air, and renewable energy.

Reach Codes establish higher standards for new construction to provide environmental and health benefits to the community.

On October 20, 2022, the City Council voted 5-0 to introduce the Ordinance 605 amending Chapter

1.10 (Green Building Standards Code) of Title 8 of the Los Altos Hills Municipal Code and adopt by reference local amendments that require the electrification of new residential buildings and require EV ready construction for new residential buildings based on special local conditions.

AGENDA ITEM #4.J
S.M.

P.P.

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Staff Report to the City Council
2022 Green Building Standards Reach Code Amendments
October 20, 2022

Page 2 of 2 ends

Additionally, adopt a new Chapter 11 of Title 8 to establish electric vehicle permit streamlining processes and timelines (for Meeting minutes, see Agenda item 4A).

FISCAL IMPACT
Although there is no fiscal impact to the Town associated with adoption of the reach codes, the cost of construction would increase with the implementation of these energy code amendments.

ATTACHMENTS

1. Ordinance 605

2. October 20, 2022, Staff Report to the City Council (no attachments)

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Ordinance 605 Page 1
ORDINANCE 605

AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
CHAPTER 1.10 (GREEN BUILDING STANDARDS CODE) OF TITLE 8 (BUILDING REGULATIONS) OF THE LOS ALTOS HILLS MUNICIPAL

CODE AND ADOPT REGULATIONS THAT REQUIRE THE

ELECTRIFICATION OF NEW RESIDENTIAL BUILDINGS BASED ON

SPECIAL LOCAL CONDITIONS AND ADOPT REGULATIONS TO

REQUIRE EV READY CONSTRUCTION FOR NEW RESIDENTIAL
BUILDINGS AND ADOPT A NEW CHAPTER 11 OF TITLE 8 TO

ESTABLISH AN ELECTRIC VEHICLE PERMIT STREAMLINING

PROCESS AND TIMELINES
WHEREAS, California Health and Safety Code section 17958 requires that cities adopt building regulations that are substantially the same as those adopted by the California Building Standards Commission and contained in the California Code of Regulations – Title 24; and WHEREAS, the 2022 California Green Building Standards Code is a part of the 2022 California Code of Regulations and implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards; and WHEREAS, AB 1236 and 970 require jurisdictions to adopt an expediated permit process and specific review timelines for Electric Vehicle Charging Station; and WHEREAS, pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, the City Council of the Town of Los Altos Hills hereby finds that the modifications to the building standards contained in the California Code of Regulations are reasonably necessary based on the following local climatic, geological or topographical conditions:

1. Climatic: The Town is located in Climate Zone 3 as established in the California Energy Code. Climate Zone 3 incorporates communities near the coast from Marin County to southern Monterey County including Los Altos Hills. The Town experiences precipitation ranging from 18 to 22 inches per year with an average of approximately 20 inches per year. Ninety-five percent of precipitation falls during the months of November through April, leaving a dry period of approximately six months each year.

Relative humidity remains moderate most of the time and temperatures average 80 degrees the mid-50s in winter. These climatic conditions along with the greenhouse emissions generated from residential structures requires exceeding the energy standards for building construction established in the 2019 California Building Standards Code. The Town’s City Council also adopted a Climate Action Plan that has a goal of reducing greenhouse gas emissions below 1990 levels by the year 2030. In order to achieve and maintain this goal, the Town needs to adopt policies and regulations that reduce the use of fossil fuels that contribute to climate change, such as natural gas in buildings.

Attachment 1

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Ordinance 605 Page 2

2. Geologic: The Town of Los Altos Hills is subject to earthquake hazard caused by its proximity to San Andreas fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma Prieta Earthquake, up the San Francisco Peninsula eventually moving offshore at Daly City near Mussel Rock. This fault system is considered a major Northern California earthquake faults which may experience rupture at any time. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity.

3. Topographic: The Town of Los Altos Hills consists of ridgelines, rolling foothills and deep wooded canyons that affect climate conditions resulting in increased use of heating and cooling systems and the trapping of potential greenhouse gases in the valley floors.

WHEREAS, in accordance with Health and Safety Code section 17958.7, the City Council hereby finds that each of the above findings is applicable to each of the modifications to the 2022 Edition of the California Building Standards Code described in this ordinance; and WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows:

1. Title 8, Chapter 1.10, “Green Building Standards Code,” of the Los Altos Hills Municipal Code is hereby amended. Sections not affected by this amendment are not included below and shall remain in full force and effect.

Chapter 1.10 CALIFORNIA GREEN BUILDING STANDARDS CODE
The Green Building Standards Code is amended as follows:

A. Chapter 2 Definitions is amended by adding the following definitions to read:

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

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Ordinance 605 Page 3
B. Chapter 4 Residential Mandatory Measures is amended by adding the following sections to read:

DIVISION 4.1 PLANNING AND DESIGN
SECTION 4.106 SITE DEVELOPMENT

4.106.5 All-electric buildings. New construction buildings shall comply with Section

4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric indoor cooking appliances.

4.106.5.1. New construction. All newly constructed buildings, newly constructed detached accessory dwelling units, and other newly constructed detached habitable structures shall be all-electric buildings.

Tenant improvements shall not be considered new construction.

Exceptions:

1. Indoor cooking for residential building projects is exempted from the requirements of 4.106.5.1. The applicant shall comply with Section 4.106.5.2.

2. Outdoor cooking, fireplaces, and pool/spa heaters for residential building projects are exempted from the requirements of 4.106.5.1.

4.106.5.2 Requirements for indoor cooking combustion equipment. Where indoor cooking combustion equipment is allowed per exception #1under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical cooking appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical cooking appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Cooking Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Cooking Appliance”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical cooking appliances. The electrical capacity

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Ordinance 605 Page 4
requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical cooking appliances, including equipment footprint shall be depicted on the construction drawings. The footprint necessary for future electrical cooking appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

C. Appendix Chapter A4 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction is adopted.

2. Title 8, Chapter 11, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS is added.
8-11.01 Purpose.

The intent of this chapter is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with AB 1236 (Chapter 598, Statutes 2015, Cal. Gov't Code § 65850.7) and AB 970 to achieve timely and cost-effective installations of electric vehicle charging stations. The chapter encourages the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the Town of Los Altos Hills, and expanding the ability of property owners to install electric vehicle charging stations. The chapter allows the Town of Los Altos Hills to achieve these goals while protecting the public health and safety. 8-11.02 Definitions.
(a) ELECTRIC VEHICLE CHARGING STATION(S) or CHARGING STATION(S) means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plugin electric vehicle. (b) SPECIFIC, ADVERSE IMPACT means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
8-11.03 Applicability.

This chapter applies to the permitting of all electric vehicle charging stations in the Town of Los Altos Hills. Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type,

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Ordinance 605 Page 5
or components of a small rooftop energy system in such a way as to require new permitting.

Routine operation and maintenance shall not require a permit. 8-11.04 Electric vehicle charging stations requirements. (a) All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the Town.
(b) Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and where applicable, rules of the Public Utilities Commission regarding safety and reliability. 8-11.05 Submittal requirements.
(a) All documents required for the submission of an electric vehicle charging station system application shall be made available on the Town of Los Altos Hills website. (b) Electronic submittal of the required permit application and associated documents for electric vehicle charging station system permits may be made by email. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours. (c) The Building Division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle charging station permit process, standard(s) and checklist(s) shall substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research.
(d) All fees prescribed for the permitting of electric vehicle charging stations shall comply with Cal. Gov't Code § 65850.55, Cal. Gov't Code § 66015, Cal. Gov't Code § 66016, and State Health and Safety Code § 17951 as set forth in the fee schedule adopted by resolution by the Town Council.
8-11.05 Plan review, permit, and inspection requirements. (a) Permit Application and Plan Review
i. Prior to submitting application
Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact upon public health and safety and building occupants. Verification by the

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Ordinance 605 Page 6
applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
ii. Administrative Review:

The Building Division shall prepare and implement an administrative, nondiscretionary permit issuance process, in accordance with AB 970, to expedite approval of electric vehicle charging station permits within thirty (30) days of the adoption of the ordinance codified in this chapter.
iii. Complete Application:

A permit application that satisfies the information requirements in the Town’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the Town-adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the Building Division. iv. Incomplete Application:

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be emailed to the applicant for resubmission.
v. Review of the Application:

Review of the permit application shall be limited to the Building Division’s review of whether the application meets local, State and Federal health and safety requirements. (b) Inspections
i. Only one inspection shall be required and performed by the Building Division for electric vehicle charging systems. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code and/or California Electrical Code requirements, then an additional follow-up inspection, or inspections, shall be required. If an electric vehicle charging station system fails inspection, a subsequent inspection is authorized.

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Ordinance 605 Page 7
ii. The Building Division inspection shall be scheduled within three (3) business days, upon request, and may include consolidated inspections.

3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

4. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption.

Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. Prior to the effective date of this ordinance, the City Clerk shall further file a copy of the ordinance, with the California Building Standards Commission.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSTENTIONS: None
ABSENT: None

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Ordinance 605 Page 8
BY:
_______________________
George Tyson, Mayor
ATTEST:
_________________________
Deborah Padovan, City Clerk
APPROVED AS TO FORM:
_________________________
Steve Mattas, City Attorney

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TOWN OF LOS ALTOS HILLS October 20, 2022
Staff Report to the City Council
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING CHAPTER 1.10 (GREEN BUILDING
STANDARDS CODE) OF TITLE 8 (BUILDING REGULATIONS) OF

THE LOS ALTOS HILLS MUNICIPAL CODE AND ADOPT BY

REFERENCE REGULATIONS THAT REQUIRE THE

ELECTRIFICATION OF NEW RESIDENTIAL BUILDINGS BASED

ON SPECIAL LOCAL CONDITIONS AND ADOPT REGULATIONS

TO REQUIRE EV READY CONSTRUCTION FOR NEW

RESIDENTIAL BUILDINGS AND ESTABLISH ELECTRIC VEHICLE

PERMIT STREAMLINING PROCESS AND TIMELINES
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Waive reading and introduce the Ordinance (Attachment 1) to amend Chapter 1.10 (Green Building Standards Code) of Title 8 of the Los Altos Hills Municipal Code and adopt by reference local amendments that require the electrification of new residential buildings and require EV ready construction for new residential buildings based on special local conditions. Additionally, adopt a new Chapter 11 of Title 8 to establish electric vehicle permit streamlining processes and timelines.

Reach Codes establish higher standards for new construction to provide environmental and health benefits to the community.

In the last cycle of updates, on January 16, 2020, the City Council voted 4-1 to introduce an ordinance to amend the Town’s Building Code regulations to include “reach code” amendments to the 2019 California Energy Code requiring all-electric space and water heating systems in new residential buildings. Gas fueled cooking appliances, clothes dryers and fireplaces are permitted, Attachment 2
S.M.

P.P.

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Staff Report to the City Council
2022 Green Building Standards Reach Code Amendments
October 20, 2022

Page 2 of 5 ends

but pre-wiring for these appliances is required (see Attachment 2). The next code cycle will be effective January 1, 2023, and it is time for the Town to adopt Reach Codes to the California Energy Code (Title 24, Part 6) and the California Green Building Standards (Title 24, part 11) codes in 2022. Even if the Town has no updates to its Reach Code, we must readopt existing Reach Codes so that they are not voided.

In addition, Assembly Bill (AB) 1236 and AB 970 have established that local jurisdictions must adopt an ordinance establishing electrical vehicle charging station (EVCS) permit streamlining process and timelines.

NOTICE/PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
• Newspaper notice – October 8, 2022
• Public Posting Places – October 7, 2022
• Town Website: www.losaltoshills.ca.gov – October 14, 2022

DISCUSSION
The California Energy Commission (CEC) is the State’s primary energy policy and planning agency with a mission to lead the State to a 100 percent clean energy future. The CEC develops policies to reduce energy usage and costs, limit the environmental impacts of energy generation and use, and ensure a safe, resilient, and reliable supply of energy. Cities and counties can adopt reach codes that set conditions above the minimum state code requirements. However, these reach codes must be filed with the California Building Standards Commission.

As California’s energy policy agency, the CEC was mandated by the Warren Alquist Act to periodically update and adopt building standards to increase the energy efficiency of buildings and reduce GHGs. Part 6 of Title 24 implemented this mandate so that every three years, the CEC presents Building Energy Efficiency Standards (Energy Code) updates for new construction and renovations to existing buildings. After the CEC adopts these standards, they are submitted to the California Building Standards Commission for approval and inclusion with other changes to the building code. If local amendments require energy efficiency or conservation measures, such as higher performance envelope or battery storage, the California Energy Commission (CEC) requires that the amendments be supported by a cost-effectiveness study and filed as amendments to the Energy Code (Title 24, Part 6). A cost-effectiveness study and filing with the CEC is not required for amendments that do not require efficiency or conservation, such as only requiring electrification, and the amendments can be made to the Green Building Standards Code (Title 24, Part 11, also known as CALGreen).

The proposed 2022 Green Building Standards Code Updates focuses on four (4) key areas in the new construction of homes and businesses:
• Encouraging electric heat pump technology and use

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Staff Report to the City Council
2022 Green Building Standards Reach Code Amendments
October 20, 2022

Page 3 of 5 ends

• Establishing electric-ready requirements when natural gas is installed • Expanding solar photovoltaic (PV) system and battery storage standard • Strengthening ventilation standards to improve indoor air quality How does the 2022 Energy Code affect new homes?
• Establishes energy budgets based on efficient heat pumps for space or water heating to encourage builders to install heat pumps over gas-fueled HVAC units. • Requires homes to be electric-ready, with dedicated 240-volt outlets and space (with plumbing for water heaters) so electric appliances can eventually replace installed gas appliances. • Increases minimum kitchen ventilation requirements so that fans over cooktops have higher airflow or capture efficiency to better exhaust pollution from gas cooking and improve indoor air quality.
• Allows exceptions to existing solar PV standards when roof area is not available (such as for smaller homes).
• The 2022 California Green Building Code update (Title 24, Part 11) increased requirements for electric vehicle charging infrastructure in new construction; including:
o New one- and two-family dwellings and townhouses with attached private garages:
must be Level 2 EV-capable
As stated earlier, cities and counties may choose to adopt local building codes that “reach” above and beyond the State minimums. The Reach Code options were discussed at the September 15, 2022 City Council meeting.

September 15, 2022, Staff memo to City Council
On September 15, 2022, staff presented a memo (see Attachment 3) to the City Council regarding potential future council action, including:

1. Readopt the existing Reach Codes

2. Readopt the existing Reach codes with a few additions- • ‘New Construction’ all electrification with exceptions for cooktop and outdoors. • EV ready

3. Add ‘Substantial Remodel and Additions’ per EIC’s recommendations

4. Electrify all remodels and additions.

At the meeting, Councilmember Mok, under Council initiated items, discussed recommendations from the Environmental Initiatives Committee (EIC) regarding Reach Codes. The discussion included addition of laundry and ovens to “must electrify” list and requiring all New Construction Group R-3 units to be Level 2 EV ready for one parking space per dwelling unit (the new building code requires to be EV capable). Staff noted that this implies that ‘New Construction’ will be all electric with exceptions for cooktops and outdoor gas fired appliances. Furthermore, all new residents shall be EV ready.

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Staff Report to the City Council
2022 Green Building Standards Reach Code Amendments
October 20, 2022

Page 4 of 5 ends

It was also discussed that EIC recommended addressing “Substantial Remodels and Additions” in “New Construction.” However, it was noted that this significant change will require community meetings and so on before adopting more aggressive Reach Codes, thus, this could be part of Town’s 2023 goal settings.

Finally, City Council directed staff to proceed with the Ordinance to include all electrification and EV ready for new construction with the exception of cooktop and outdoors (see meeting minutes, Agenda item #4A).

EVCS Permit Streamlining Process and Timelines
Earlier this year in May, a representative from California Energy Commission reached out to staff noting that Town of Los Altos Hills has not yet implemented the provisions of AB 1236. It also noted that Cities and counties with a population of less than 200,000 residents are required to adopt an ordinance codifying the AB 1236 and AB 970 by January 1, 2023.

AB 1236 codified in Government Code Section 65850.7, requires all California cities and counties to develop an expedited, streamlined permitting process for EVCS. AB 970, codified in Government Code Section 65850.71, adds specific binding timelines to that review period based on the size of the project and clarifies parking requirements.

PROPOSED ORDINANCE
The proposed ordinance (Attachment 1) modifies language in sections of the Green Building Standards Code related to low-rise residential buildings and adopts language from a Green Building Code Appendix chapter requiring all new residential buildings be all-electric and EV Ready. No code changes are proposed for non-residential buildings since this is not applicable to Los Altos Hills.

The ordinance language contains the following:
• Outlines the sections in the Green Building Standards Code that are applicable to the new regulations.
• Requires that new residential buildings be all electric except for indoor and outdoor cooking, fireplaces and pool/spa heaters.
• Requires that all new residential building (one and two-family and townhouses) be EV Ready.
• Adopts permit process and timeline requirements for electric vehicle charging stations.

The draft ordinance language was developed by staff using model reach code language developed by Silicon Valley Clean Energy (SVCE). The regulations require that all new residential buildings be all electric with the exception of indoor and outdoor cooking, fireplaces and pool/spa heaters.

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Staff Report to the City Council
2022 Green Building Standards Reach Code Amendments
October 20, 2022

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It is widely known that availability of EV charging infrastructure is a critical component to EV adoption. Meanwhile, it is significantly more expensive to install charging infrastructure as a retrofit than it is during new construction. As such, ensuring that newly constructed residential parking has ample EV charging capability will reduce long-term retrofit costs of EV infrastructure installation, while helping to increase EV adoption and decrease transportation-related greenhouse gas emissions.

The proposed ordinance additionally requires that all new low-rise residential buildings be EV Ready. These regulations require that new low-rise residential buildings including single family homes be provided with a full 40-amp circuit clearly identified as “EV Ready” i.e. being used for EV charging stations. The language for EV Ready requirements is adopted from 2022 California Green Building Standards Code Appendix Chapter A4.

Finally, the draft ordinance establishes a streamlining process and timelines for EV charging station permits in accordance with AB1236 and AB 970.

ATTACHMENTS

1. Draft Ordinance

2. Ordinance 589 (2019 Energy Code)

3. Memo to City Council, September 15, 2022

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
___________________________________________________________________________ SUBJECT: RESOLUTION ACCEPTING THE 2022 PAVEMENT REHABILITATION

AND DRAINAGE IMPORVEMENT PROJECT
FROM: John Chau, Associate Engineer
APPROVED: Peter Pirnejad, City Manager
____________________________________________________________________________ RECOMMENDATION: That the City Council:

1. Approve the attached resolution accepting the 2022 Pavement Rehabilitation and Drainage Improvement Project performed by Interstate Grading and Paving, Inc. as complete.

2. Direct the City Clerk to file a Notice of Completion.

DISCUSSION:

The 2022 Pavement Rehabilitation and Drainage Improvement Project has been inspected by staff and found to be complete and acceptable. The project was completed within the City Council approved budget. Below is the account summary:

Approved Actual
Construction Contract $ 1,579,928.90 $ 1,555,220.54
Contingency $ 80,000.00 $ 15,930.25 *
Inspection Services $ 50,000.00 $ 36,300.00
* Material and compaction tests (covered
w/contingency)
Total Approved Budget $ 1,709,928.90
Total Project Expenditure $ 1,607,450.79
Balance $ 102,478.11
* BSK Associates contract for $16,320.00 for material and compaction tests Recommendations
Staff recommends that the City Council accept the 2022 Pavement Rehabilitation and Drainage Improvement Project to allow for the remittance of the 5% retention to the Contractor 35 days following project acceptance.

AGENDA ITEM #4.K
J.C.

P.P.

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A Notice of Completion will be filed for this Capital Improvement Project upon approval by the City Council.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b). 2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action was not identified on the 2022 City Council Priorities but is part of the Town CIP program and it supports the council priority to Maintain Quality of Life and protect and maintain infrastructure.

FISCAL IMPACT
The total project expenditure is within the City Council approved budget for the 2022 Pavement Rehabilitation and Drainage Improvement Project. The balance of $102,478.11 will go back to the general fund.

ATTACHMENTS

1. Resolution

2. Notice of Completion

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RESOLUTION -22
A RESOLUTION ACCEPTING AS COMPLETED THE WORK OF THE "2022 PAVEMENT REHABLITATION AND DRAINAGE IMPROVEMENT PROJECT",

AUTHORIZING FINAL PAYMENT CONCERNING SUCH WORK,

DIRECTING THE CITY CLERK TO FILE NOTICE OF COMPLETION
WHEREAS, the Utility Engineering Manager of the Town of Los Altos Hills ("Town") has, in writing, made and filed in the Office of the City Clerk her notice or certificate certifying that the work under contract described as the 2022 Pavement Rehabilitation and Drainage Improvement Project, has been completed in conformance with the Plans and Specifications for said project, and has recommended that said work be accepted as complete and satisfactory.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:

Section 1. The above-described work as mentioned in the notice of the Utility Engineering Manager is hereby accepted as complete, and the appropriate officer of the Town is authorized to make final payment concerning the above-described work.

Section 2. The City Clerk is hereby authorized and directed to file with the County Recorder of the County of Santa Clara, notice of the completion of said project within ten (10) days from the date of this Resolution.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of November 2022 by the following vote:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
ABSENT: None
BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1

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This Document is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that Interstate Grading and Paving, Inc., on September 1st, 2022, did enter into a contract for the 2022 Pavement Rehabilitation and Drainage Improvement Project, in Los Altos Hills, situated in Santa Clara County, with the Town of Los Altos Hills. Said improvements were completed in accordance with the Plans and Specifications adopted by the City Council and upon the terms and conditions set forth and identified by the written contract.

On the 14th day of October 2022, the work provided to be done under the contract was fully completed in accordance with the terms of the contract.

NOTICE IS FURTHER GIVEN that the public board for whom the above-described work was done is the City Council of the Town of Los Altos Hills, a municipal corporation of the State of California, and that the name and address of the political subdivision for which the abovedescribed work was done is the Town of Los Altos Hills, State of California, Town Hall, 26379 Fremont Road, Los Altos Hills, California 94022.

NOTICE IS FURTHER GIVEN that the name of the contractor by whom the abovedescribed work was done is as follows:

CONTRACTOR: Interstate Grading and Paving, Inc.

Wei Lien Liang, PE
Utility Engineering Manager
Town of Los Altos Hills
DATE: November 18, 2022
Attachment 2

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I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal.
___________________________________
Deborah Padovan, City Clerk
Date: November 18, 2022
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022

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STATIONS, UNDERGROUND RACEWAY, WIRING, AND ELECTRICAL

SUBPANEL AT TOWN HALL AND HERITAGE HOUSE PROJECT
FROM: Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
____________________________________________________________________________ RECOMMENDATION: That the City Council:

1. Approve the attached resolution accepting the “Installing New EV Charging Stations, Underground Raceway, Wiring, and Electrical Subpanel at Town Hall and Heritage House” project performed by Phoenix Electric Company and C&C Electric Inc. as complete.

2. Direct the City Clerk to file a Notice of Completion.

DISCUSSION:

The “Installing New EV Charging Stations, Underground Raceway, Wiring, and Electrical Subpanel at Town Hall and Heritage House” Project (Town Hall EVSE) has been inspected by staff and found to be complete and acceptable. The project was completed within the City Council approved budget. Below is the account summary:

Approved Actual
Construction Contract (Underground) – PEC $ 69,881.00 $ 69,881.00 Construction Contract (Electrical) – C&C $ 24,000.00 $ 24,000.00 Construction Materials – AZCO Supply $ 8,154.58 $ 0.00
EV Equipment, materials, and construction contingency $ 77,964.42 $ 47,488.06 Allocation for Vehicle Equipment Operations $ 664.87
Allocation for Overhead Cost $ 1,139.67
Total Approved Budget $ 180,000.00
Total Project Expenditure $ 143,173.60
Balance $ 36,826.40
PEC – Phoenix Electric Company
C&C – C&C Electric Inc.

AGENDA ITEM #4.L
D.L.

P.P.

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The final contract expenditure includes four (4) contract change orders, and four (4) purchase as follows:

PEC Change Order #1 ($14,920.43) -
Material purchase from AZCO Supply, Inc. for Invoices No. 412935 and 216965.

PEC Change Order #2 ($17,398.20) -
Extra work performed by force account on May 18, May 19, May 20, May 23, May 24, May 27, August 3, August 5, and August 8 of 2022.

C&C Change Order #1 ($12,328.44) -
COR-01 Electrical Scope Design Change
COR-02 EV Charger Installation at Station 1 and Power Feed Cutover to Electrical Room COR-03 Parks & Rec Building Power Feed Reroute & EV Chargers Installation C&C Change Order #2 ($51.04) -
COR-03 (Rev 1) Deduct Adjustment for EV Chargers Installation COR-04 Low Voltage Scope: (i) install conduits and CAT 6 ethernet cables for high speed internet connectivity, network connection, and IP phone service from the IT room to the Heritage House, and (ii) remove abandoned 3/4” EMT conduits & fittings and install new 1-inch EMT conduits and fittings from an existing junction box on the exterior wall to the IT closet of the Parks & Recreation Building.

Purchase Order #1 – Utility Locating Device and misc. items ($1,497.52) Leica DD120 Utility Location Device, 1 EA ($1,273.29)
Miscellaneous items ($224.23)
Purchase Order #2 –– Irrigation Repair Parts ($1,242.20) Los Altos Hardware Inc. Invoices No. 14980, 14981, 14983,15124, 15247 ($888.27) Ewing Irrigation - credit card payment ($353.93)
Purchase Order #3 –– Plan Printing ($50.23)
Fedex Store – permit full size drawings
Allocation for Vehicle Equipment Operations ($664.87)
Allocation for Overhead Cost ($1,139.67)
Recommendations
Staff recommends that the City Council accept the Project to allow for the remittance of the 5% retention to the Contractor 35 days following project acceptance.

A Notice of Completion will be filed for this Capital Improvement Project upon approval by the City Council.

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2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action supports the council priority to Maintain Quality of life and Community Character (Reduced Carbon footprint)

FISCAL IMPACT
The total project expenditure is within the City Council approved budget of $200,000 for the Town Hall EVSE Project. The Public Works staff was able to complete this work for less than the total amount authorized by the Council. As a result, the balance of $38,630.94 will go back to the General Fund.

ATTACHMENTS

1. Resolution

2. Notice of Completion

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RESOLUTION NO. _________
A RESOLUTION ACCEPTING AS COMPLETED THE WORK OF THE " INSTALLING

NEW EV CHARGING STATIONS, UNDERGROUND RACEWAY, WIRING, AND ELECTRICAL SUBPANEL AT TOWN HALL AND HERITAGE HOUSE " PROJECT, AUTHORIZING

FINAL PAYMENT CONCERNING SUCH WORK, DIRECTING THE CITY CLERK

TO FILE NOTICE OF COMPLETION
WHEREAS, the Utility Engineering Manager of the Town of Los Altos Hills ("Town") has, in writing, made and filed in the Office of the City Clerk her notice or certificate certifying that the work under contract described as the “Installing New EV Charging Stations, Underground Raceway, Wiring, And Electrical Subpanel At Town Hall And Heritage House” Project, has been completed in conformance with the Plans and Specifications for said project, and has recommended that said work be accepted as complete and satisfactory; NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:

Section 1. The above-described work as mentioned in the notice of the Utility Engineering Manager is hereby accepted as substantially complete, and the appropriate officer of the Town is authorized to make final payment concerning the above-described work.

PASSED AND ADOPTED this _______ day of _______________, 2022.

By:

George K. Tyson, Mayor
ATTEST:

Deborah L. Padovan, City Clerk
Attachment 1

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This Document is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that Phoenix Electric Company on April 22, 2022, did enter into a contract for the Installing New EV Charging Stations, Underground Raceway, Wiring, and Electrical Subpanel at Town Hall and Heritage House Project, in Los Altos Hills, situated in Santa Clara County, with the Town of Los Altos Hills. Said improvements were completed in accordance with the Plans and Specifications adopted by the City Council and upon the terms and conditions set forth and identified by the written contract.

On the 26th day of October 2022, the work provided to be done under the contract was fully completed in accordance with the terms of the contract.

NOTICE IS FURTHER GIVEN that the name of the contractor by whom the abovedescribed work was done is as follows:

CONTRACTOR: Phoenix Electric Company
Wei Lien Liang
Utility Engineering Manager
Town of Los Altos Hills
DATE: _______________
Attachment 2

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WITNESS my hand and official seal.
___________________________________
Deborah Padovan, City Clerk
Date: _______________
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022

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2 RESOLUTION -22

RESOLUTION OF THE CITY COUNCIL OF THE

TOWN OF LOS ALTOS HILLS

ACCEPTING GRANT OF A PATHWAY (TRAIL) EASEMENT
(Lands of Anderson)
WHEREAS, Robert Neil Anderson and Drucilla Alene Anderson, trustees of the Anderson Family Revocable Trust Agreement Dated December 12, 1979, or Successor in Trust, (“Owners”), owners of the property located at 27820 Saddle court, Los Altos Hills, California; and
WHEREAS, Owners have offered to grant to the Town an easement for the construction, operation and maintenance of existing and future pathway facilities, for pedestrian, bicycle and equestrian use (“Pathway Easement”); and
WHEREAS, the City Council has determined it is necessary and proper and in the public interest to accept the grant of the Pathway Easement;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:

Section 1. The Town hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to this Resolution as Attachment A.

Section 2. The Town shall accept, and the Mayor is hereby authorized and directed to execute, the Grant of Pathway (Trail) Easement.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of November 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1

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Attachment 2

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION VACATING EXISTING TRAIL EASEMENT (LANDS OF ANDERSON) 27820 SADDLE COURT
FROM: Astha Khanal, Assistant Engineer
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt the attached resolution vacating a trail easement (10’ to 15’, T.E.) as shown on attached Exhibits.

BACKGROUND:

A 10’ to 15’ trail easement currently exists at 27820 Saddle Court along the middle of the property of Lot 25 of Tract Map No. 6297. This easement was dedicated and accepted by the Town on May 17th, 1978 per the City Council Meeting. This easement currently does not contain any pathway or other public facilities.

DISCUSSION:

The property owner has requested to vacate this trail easement as this trail easement goes through the middle of their property, and the trail easement will be relocated. Per Section 8333.c of the California Streets and Highways Code, the City Council is authorized to summarily vacate a public service easement in the case that it has been superseded by relocation.

ENVIRONMENTAL REVIEW:

This action is a class 1 categorical exclusion per Article 19 (Categorical exclusions) section 15301(c) Existing facilities of the California Environmental Quality ACT (CEQA) guidelines. 2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action supports the 2022 City Council Priority to Protect & Maintain Infrastructure.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

AGENDA ITEM #4.N
A.K.

P.P.

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2 1. Resolution

2. Attachment 1 “Tract Map No. 6297”

3. Attachment 2 “Exhibits of Legal Description and Plat Map showing easements to be vacated.”
Report prepared by: Astha Khanal, EIT, Assistant Engineer

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3 RESOLUTION -22

RESOLUTION OF THE CITY COUNCIL OF THE

TOWN OF LOS ALTOS HILLS

VACATING EXISTING TRAIL EASEMENT
(Lands of Anderson)
WHEREAS, Chapter 4 of the Public Streets, Highways and Service Easement Vacation Law, commencing with Streets and Highway Code Section 8333, provides for summary vacation of streets and public service easements; and WHEREAS, pursuant to the provisions of Section 8330 et seq., of the Streets and Highways Code, the City Council of the Town of Los Altos Hills seek to summarily vacate the Existing Easements; and
WHEREAS, there are no public facilities in use or affected on the Existing Easements; and the City Council intends to summarily vacate the trail easement described and shown in Exhibit "A" that is located within the property of 27820 Saddle Court.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:

1. The foregoing recitals are true, correct, and incorporated herein by reference.

2. The Existing Easements described above and in Attachment 1 are hereby summarily vacated pursuant to Chapter 4 of Division 9, Part 3 of the California Streets and Highways Code, concerning summary vacation of easements.

3. The City Clerk is directed to cause a certified copy of this resolution, attested by the Clerk under seal, to be recorded in the office of the County Recorder of the County of Santa Clara.

4. From and after the date of this resolution is recorded, the Existing Easements shall no longer constitute a public service easements.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17h day of November 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George Tyson, Mayor
Attachment 1

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4 ATTEST:
______________________________
Deborah Padovan, City Clerk

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Attachment 2

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Attachment 3

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: DELAY IMPLEMENTATION OF PORTION OF ORDINANCE NO. 603 AMENDING TITLE 2, CHAPTER 6 – CONFLICT OF INTEREST – OF THE

LOS ALTOS HILLS MUNICIPAL CODE RELATED TO DESIGNATED

STANDING COMMITTEE MEMBERS
FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Direct staff to delay implementation of a portion of Ordinance 603 Amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code as it applies to designated Standing Committee members required file a Form 700 until the 2023 annual filing deadline.

BACKGROUND
All local government agencies are required by statute to adopt a Conflict-of-Interest Code that includes provisions designating the positions within the agency that will be required to report certain financial interests, the manner of reporting those financial interests, and standards for when the employees will be disqualified from participating in the making of certain decisions.

The Political Reform Act requires every local government agency to review its Conflict-ofInterest Code biennially to determine whether amendments to the Code are required. (See Cal.

Govt. Code § 87306.5). The City’s Conflict of Interest Code is located in Chapter 6 of Title 2 of the Municipal Code.

On October 20, 2022, City Council adopted amendments to Section 2-6.03 of the Los Altos Hills Municipal Code to add certain “designated positions” to the Town’s current Conflict of Interest Code, including, as relevant to this staff report:
• Finance and Investment Committee Members
• Environmental Design and Protection Committee Members • Pathways Committee Members
• Open Space Committee Members
• Environmental Initiatives Committee Members
The Standing Committees listed above were added to the Conflict-of-Interest Code by this most recent code amendment at the October 20, 2022 meeting. Later in that same meeting the Council was presented with proposed amendments to the Standing Committee Resolution and a proposed Code of Conduct. The City Council received public input on the proposed edits and AGENDA ITEM #4.O
S.M.

P.P.

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Staff Report Page 2
Delay Portion of Ordinance 603
November 17, 2022
directed further input from the Committees and the public prior to further consideration of the issue. Staff anticipates reporting back to the Council on that input in Q1 of 2023. The proposed Code of Conduct includes language requiring Standing Committee members to complete Form 700 forms when required by the Conflict-of-Interest Code. As the proposed Code of Conduct has not yet been finally adopted by the Council. staff recommends that the Council delay implementation of the requirement that the listed Standing Committee Members submit the Form 700 until the 2023 annual filing requirement deadline of April 1, 2023.

Staff recommends that City Council direct staff to delay implementation of the Form 700 requirement for the designated standing committee members until the 2023 annual filing deadline, which would allow time for City Council to consider the updated Standing Committee Resolution and Code of Conduct and potentially further amend the adopted Town Conflict of Interest Code as it relates to standing committee members.

If the Conflict-of-Interest Code remains unchanged, when the Council considers this item in the first quarter of 2023, then the committee members listed on the adopted Conflict-of-Interest code would be required to submit the Form 700 by April 1, 2022. 2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action was identified in the 2022 City Council Strategic Priorities. The key project was to improve effective use of committees and specifically standardize meetings and create committee norms.

ENVIRONMENTAL REVIEW:

The report is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT
There is no fiscal impact associated with this proposed delay in implementation of the Code of Conduct against standing committee members until the 2023 annual filing deadline. 5233799.1

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION ADOPTING THE E-SIGNATURE POLICY
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Approve resolution adopting the E-Signature Policy.

BACKGROUND:

The Town implemented a pilot program for 3-6 months. The Pathways Committee wanted to partake in the pilot program to ensure the efficiency of processing map changes in an expedited manner. The Town management staff used e-signatures for internal documents.

DISCUSSION:

The E-Signature Policy will be used by Town departments to increase productivity and ensure the convenient and timely access to Town information by using electronic signature technology to collect and preserve documents quickly, securely, and efficiently. This Policy furthers the Town's goal of efficient business practices by reducing the consumption and storage of papers and the maintenance and supply of copiers and printers.

There is other software that the State of California’s Approved List of Digital Signature Certification Authorities, has additional security features that allow the Town to attain signatures for documents and purposes with external parties not affiliated with the Town. The below chart outlines the type of documents that are authorized to be signed using an electronic signature program. Departments should work with the Risk Manager and Town Attorney’s Office to determine which programs to be used and whether applicable laws permit an electronic signature to be used before proceeding if the document is not listed below.

DOCUMENT TYPE USE OF

ELECTRONIC

SIGNATURE

AUTHORIZED

E-SIGNATURE

PROGRAM
Internal Memos (within the Town) Yes Internal Software
External Memos Yes External Software
Council Memos (Council/
Board/Commission/Committee
Agenda Materials Excluded)
Yes External Software
AGENDA ITEM #5.A
S.R.

P.P.

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Staff Report to the City Council Page 2
E-Signature Policy
November 17, 2022
Letters and other correspondence
from Council Board, Commission
Yes External Software
Commission Applications Yes External SoftwarE
HR Forms, PAFs, Personnel Forms,
Navia, 457 plans, Etc. (Existing
Employee)
Yes Internal Software
HR Forms (Future or Former Employee) Yes External Software Employee Performance Review Yes Internal Software
Contracts, Amendments, Agreements Yes External Software MOU Signatures Yes External Software
Internal Financial Approvals:
(Department AR, AP, PO, PR, CalCards)
Yes Internal Software
Certificates Yes External Software
Permits Yes External Software
Waivers (for Town events, Recreation
classes and
camps)
Yes External Software
Documents requiring notarization
or Town seal or are to be recorded
with the County Recorder
No
Bonds No
Documents requiring the Mayor's
signature
No
Council Resolutions No
Town Council Approvals No
Documentsrequiring only “wet”
signatures
No
2022 CITY COUNCIL STRATEGIC PRIORITIES:

The policy is on the City Council’s priorities in 2022 to promote emerging technologies.

ENVIRONMENTAL REVIEW:

The is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS

1. Resolution

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RESOLUTION No. xx-22

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS

HILLS ADOPTING THE E-SIGNATURE POLICY
WHEREAS, E-Signature policy (Attachment A) will be used by Town departments to increase productivity and ensure the convenient and timely access to Town information; and
WHEREAS, using electronic signature technology to collect and preserve documents quickly; and
WHEREAS, August 16, 2016, Governor Brown signed AB 2296 to clarify that State and local agencies can use both electronic and digital signatures and that a digital signature is a subset of electronic signature in which Government Code 16.5 only applies when a public entity uses a digital signature; and
NOW THEREFORE, resolved by the City Council of the Town of Los Altos Hills that the Council hereby adopts the Town’s E-Signature Policy (Attachment A).

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of November 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1

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1 TOWN OF LOS ALTOS HILLS

ELECTRONIC SIGNATURE POLICY

PURPOSE
This Policy is to set forth the guidelines for the use of electronic signatures by the Town of Los Altos Hills (Town). This Policy establishes the requirements for the use of electronic signatures in lieu of manual or "wet" signatures. This Policy shall be used by Town departments to increase productivity and ensure the convenient and timely access to Town information by using electronic signature technology to collect and preserve documents quickly, securely, and efficiently. This Policy furthers the Town's goal of efficient business practices by reducing the consumption and storage of papers and the maintenance and supply of copiers and printers.

Affixing an electronic signature to a document in a manner consistent with this Policy shall satisfy the Town's requirement for signing a document. As used in this Administrative Instruction, the term "signature" includes the use of initials on a document as one's signature.

Although the use of electronic signatures is suggested and encouraged when permitted, this Policy does not mandate the use of electronic signatures, nor can the Town require that any third party signing a document use electronic signatures.

POLICY OVERVIEW

HISTORY AND LEGAL AUTHORITY
In 1995, the California Legislature passed Government Code Section 16.5, authorizing public entities to accept digital signatures if they comply with stringent verification requirements.

In 1999, California adopted a version of the Uniform Electronic Transactions Act ("UETA") (California Civil Code Sections 1633.1 to 1633.17), providing that electronic signatures would have the same legal effect as a wet or manual signature.

Not every state enacted UETA and, therefore, in 2000, the Federal Government enacted the Electronic Signatures in Global and National Commerce Act (ESIGN). ESIGN mandated the same treatment of electronic signatures in interstate or foreign commerce. (15 USC§§ 7001 et seq.)
In August 2016, Governor Brown signed AB 2296 to clarify that State and local agencies can use both electronic and digital signatures and that a digital signature is a subset of electronic signature in which Government Code Section 16.5 only applies when a public entity uses a digital signature.

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2 GENERAL TERMS AND CONDITIONS DEPARTMENT

DISCRETION
Each department within the Town has discretion to decide whether to permit the use of electronic signatures. Departments should work with the Town Attorney's Office to determine whether applicable laws permit an electronic signature to be used before proceeding if not addressed in the list of documents set forth below. Each department that opts to use digital signatures must adopt/amend their business practices to support the requirements of this Policy.

DEFINITIONS
“Digital Signature”, as defined by Government Code Section 16.5, is a type of electronic signature. Documents signed by hand and then faxed or sent as scanned attachments to an e-mail are considered electronic signatures for purposes of this Policy. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Electronic Record" means a record created, generated, sent, communicated, received, or stored by electronic means.
"Electronic Signature," or "eSignature," means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record.
"Proxy Signatures" mean when Person A authorizes Person B to sign Person A's signature on their behalf. Proxy signatures are prohibited under this Policy unless such authorization is specifically provided by Town ordinance or by action of the City Council. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

REQUIREMENTS OF ELECTRONIC SIGNATURES
Unless otherwise required by law, the use of electronic signatures is permitted and shall have the same force and effect as the use of a "wet'' or manual signature, if all of the following criteria are met:

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3 1. The digital signature or Initial does not have to be generated in the signatory’s own handwriting and will be accepted.

2. The electronic signature is capable of verification.

3. The electronic signature is under the sole control of the person using it. a. These requirements prohibit the use of proxy signatures.

4. E-mail notifications requesting digital signatures must not be forwarded unless delegation has been assigned.

5. The digital signature is linked to the data in such a manner that it is readily ascertainable if the data is changed after the signature is applied.

6. All documents submitted for electronic signature must be in PDF format.

DOCUMENTS INVOLVING OTHER PARTIES
In the case of contracts or transactions which must be signed by outside parties, each party to the contract must agree in advance to the use of digital signature. No party to a contract or other document may be forced to accept a digital signature; they must be permitted to decide either way. Such consent may be withdrawn by the other party at any time such that future documents related to the withdrawn consent contract or transaction must be signed in hard-copy format.

When a document is digitally signed by all parties, the Town, the outside party (if an outside party originates the agreement), or a third-party service provider facilitating the signatures on the document will notify the parties of the availability of and/or provide the parties with a copy of the digitally signed document in an electronic format that is capable of being retained and printed.

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4 ELECTRONIC SIGNATURE POLICY
The Town employ different software to attain electronic signatures. One of the software is only used for internal Town operations and purposes only. Whereas the other software, which is on the State of California’s Approved List of Digital Signature Certification Authorities, has additional security features that allow the Town to attain signatures for documents and purposes with external parties not affiliated with the Town. The below chart outlines the type of documents that are authorized to be signed using an electronic signature program. Departments should work with the Risk Manager and Town Attorney’s Office to determine which programs to be used and whether applicable laws permit an electronic signature to be used before proceeding if the document is not listed below.

DOCUMENT TYPE USE OF ELECTRONIC

SIGNATURE

AUTHORIZED

ESIGNATURE PROGRAM
Internal Memos (within the Town) Yes Internal Software
External Memos Yes External Software
Council Memos (Council/
Board/Commission/Committee Agenda
Materials Excluded)
Yes External Software
Letters and other correspondence from
Council Board, Commission
Yes External Software
Commission Applications Yes External Software
HR Forms, PAFs, Personnel Forms, Navia, 457
plans, Etc. (Existing Employee)
Yes Internal Software
HR Forms (Future or Former Employee) Yes External Software Employee Performance Review Yes Internal Software
Contracts, Amendments, Agreements Yes External Software MOU Signatures Yes External Software
Internal Financial Approvals: (Department AR, AP,
PO, PR, Cal-Cards)
Yes Internal Software
Certificates Yes External Software
Permits Yes External Software
Waivers (for Town events, Recreation classes and
camps)
Yes External Software
Documents requiring notarization or Town
seal or are to be recorded with the County
Recorder
No
Bonds No
Documents requiring the Mayor's signature No
Council Resolutions No
Town Council Approvals No
Documentsrequiring only “wet” signatures No

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5 STORAGE AND ARCHIVING OF ELECTRONICALLY SIGNED

DOCUMENTS
If a document exists only electronically, steps should be taken by each department to ensure that a fixed version of the final document and audit trail, which details the electronic signature process, are provided to, and stored in some manner with, the Town Clerk's Office. All final electronic documents must be stored in a manner consistent with the Town's document retention policies and any applicable laws.

DIGITAL SOLUTION PROVIDERS
The Town’s Information Technology Division will be responsible to determine acceptable technologies and digital providers consistent with current State legal requirements and industry Best Practices to ensure the security and integrity ofthe date and the signature.

As of July 2022, the Town has started using a pre-existing software license to provide digital signature capabilities for internal approvals for staff and employees.
5230089.1

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: ADOPT A RESOLUTION AMENDING SECTION 7.5.4 OF THE

EMPLOYEE WORK WEEK AND COUNTER HOURS
FROM: Sarina Revillar, Administrative Services Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Amend Section 7.5.4 Work Week of the Town’s Personnel Rules and Regulations to reflect changes to staff’s work week and the counter hours.

BACKGROUND:

In June and August 2022, the management staff met with Frank Benest, ICMA consultant, to discuss Promoting a Post-Pandemic Cultural Reset for the Organization. Most cities were struggling with the transition following the return to “normal” after offices opened post pandemic. These sessions allowed the management staff to discuss how to handle the postpandemic flexible work schedule of the employees. The management staff discussed many alternatives for a flexible work schedule for the employees without jeopardizing the customer service that the community expects.

The counter hours are currently Monday through Thursday 9-11am and 2-4pm. The counter hours at Town Hall never changed during the COVID-19 pandemic. The staff that were able to work from home, had the flexibility to work from home 1 day a week in order to follow Santa Clara County COVID-19 pandemic mandates.

DISCUSSION:

As part of our Grand Re-Opening and office renovation staff is proposing improved customer service by offering new counter hours, effective January 1, 2023. The counter will be open Monday through Thursday 9am-4pm and closed for lunch 12-1. That is an addition of 8 hours per week of public facing counter hours. All tables and screens will be removed from the front lobby area so customers can enter the lobby area freely. All employees will be required to come in the office Tuesday through Thursday. Mondays and/or Fridays will be the only two days of the week that employees will be provided the flexibility to work from home with the City Manager’s approval.

For those employees that are not able to work from home because of their job function, the City Manager may authorize a “9/80” work schedule as an alternative to working from home.

AGENDA ITEM #5.B
S.R.

P.P.

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Staff Report to City Council Page 2
Employee Work Week and Counter Hours
November 17, 2022
ENVIRONMENTAL REVIEW:

This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2022 CITY COUNCIL STRATEGIC PRIORITIES:

This is part of the 2022 City Council Strategic Priorities to improve employee retention.

FISCAL IMPACT:

There is no fiscal impact to adopt this resolution.

ATTACHMENTS:

1. Resolution

2. Section 7.5.4 of the Employee Handbook

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RESOLUTION xx-22

A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AMENDING SECTION 7.5.4 WORK WEEK OF

THE PERSONNEL RULES AND REGULATIONS
WHEREAS, amending section 7.5.4 work week to increase customer service by extending counter hours and allow a flexible work schedule for the employees; and WHEREAS, effective January 1, 2023, counter hours will be changed to 9am - 4pm Monday through Thursday with an hour lunch from 12-1; and WHEREAS, all staff will be required to come in the office Tuesday through Thursday.

Mondays and Fridays will be the only two days of the week that employees will be provided the flexibility to work from home with the City Manager’s approval; and WHEREAS, for those employees that are not able to work from home because of their job function, the City Manager may authorize a “9/80” work schedule as an alternative to working from home; and
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby authorize amendment to Section 7.5.4 Work Week of the Personnel Rules and Regulations (attachment A) to be read as follows: Counter hours will be open from Monday through Thursday from 9am – 4pm with 1 hour lunch from 12-1. Employees will be required to work in the office Tuesday through Thursday with an option to work from home on Monday and/or Friday with the City Manager’s approval or designee. For those employees that are not able to work from home because of their job function, the City Manager may authorize a “9/80” work schedule as an alternative to a working from home.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of November 2022 by the following vote:

BY: _______________________________
George Tyson, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1

Page 599 of 980 ends

7.5.4 Work Week
The basic work week for full–time, non-exempt employees shall be forty (40) hours, rendered in units of eight (8) hours per day in a work-week which begins on Sunday at midnight and ends on the consecutive Sunday at midnight. At the discretion of the City Manager, alternative work schedules may be offered. Counter hours will be open from Monday through Thursday from 9am – 4pm with 1 hour lunch from 12-1. Employees will be required to work in the office Tuesday through Thursday with an option to work from home on Monday and/or Friday with the City Manager’s approval. Employees who are not able to work from home because of the function of their job may be afforded the opportunity to work a “9/80” work schedule, at the discretion of the City Manager. For those employees participating in a “9/80” work schedule, the work week will begin at the midpoint on the workday the employee is regularly scheduled to work eight hours.

Formatted: No Spacing, Indent: Left: 0", Space After:
0 pt, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Attachment 2

Page 600 of 980 ends

TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: INTRODUCTION (FIRST READING) OF AN ORDINANCE ADDING CHAPTER 9 “LEAF BLOWERS” TO TITLE 5 “PUBLIC WELFARE,
MORALS AND CONDUCT” OF THE TOWN OF LOS ALTOS HILLS
MUNICIPAL CODE REGULATING THE USE OF LEAF BLOWERS;

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS

HILLS TO EDUCATE THE PUBLIC ABOUT AN ORDINANCE

REGULATING THE USE OF LEAF BLOWERS
FROM: Steve Mattas, City Attorney
Brad Donohue, Consultant Project Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:

That the City Council:

1. Introduce and waive the first reading of an ordinance adding Chapter 9 “Leaf Blowers” to Title 5 “Public Welfare, Morals and Conduct” of the Los Altos Hills Municipal Code regulating the use of leaf blowers in the Town of Los Altos Hills and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council.

2. Approve the attached resolution to educate the public about an ordinance regulating the use of leaf blowers and establishing the transition of town owned or operated leaf blowers and garden maintenance appliances from gas-powered to electric.

BACKGROUND:

On August 18, 2022, the City Council moved to direct staff to prepare an ordinance regulating the use of all leaf blowers in the Town of Los Altos Hills. (See Attachment 3, Meeting Minutes from August 18, Item #10 (A).

DISCUSSION:

At the February 17, 2022 regular City Council meeting, the Council discussed the possibility of regulating gas-powered leaf blowers in the Town of Los Altos Hills (“Town”) by establishing specific hours of operation and noise limits. Council moved to bring this item to the Town’s Environmental Initiatives Committee (EIC) for further review. (See Attachment #4, Feb. 17, 2022, City Council Meeting Minutes, Item # 9 (A).

AGENDA ITEM #5.C

Page 601 of 980 ends

Staff Report Page 2
Proposed Leaf Blower Ordinance
November 17, 2022
At an EIC meeting on April 28, 2022, the EIC discussed the possible adoption of a leaf blower ordinance, specific to the use of gas-powered leaf blowers. The EIC noted that there is currently no existing leaf blower ordinance in the Town. Adjacent towns have some kind of ordinance, with some having banned the use of gas-powered leaf blowers, and other having limited the sound levels of all types of leaf blowers. The EIC discussed that many manufacturers have adopted the noise level standard of 65 dB, and most achieve this noise level with the use of mufflers. This item was brought to a vote, 5 members of the committee were in favor of a leaf blower ordinance, 2 members opposed. The motion passed, Council Liaison, Stan Mok was tasked to bring the item back to City Council (Attachment #5-EIC April 28th Meeting Minutes, Item #5 ).

At the June 16, 2022 regular City Council meeting, Council discussed the leaf blower ordinance and requested that it be agendized for the August 2022 City Council meeting. Council also requested for the City Manager to provide some testimony from Town staff on how it would impact the ability to perform landscape maintenance. (Attachment #6, June 16, 2022, City Council Meeting Minutes, Item # 8 (E).

At the August 18, 2022 regular City Council Meeting, the Council received a report prepared by staff regarding the regulation of leaf blowers. Staff investigated the potential benefits and challenges of transitioning from gas-powered appliances to quieter options, such as electric leaf blowers. Staff concluded that while the transition to electric equipment is likely to occur in the future, the equipment available at this time is not powerful enough to maintain the same level of efficiency. Furthermore, the impact of only allowing electric leaf blowers would have a negative impact to both the Town’s and residents’ maintenance operations. Council moved to direct staff to prepare leaf-blower regulations to set restrictions on noise limits, hours of operation, and enforcement. (See Attachment 3), Meeting Minutes from August 18, Item #10 (A).

When the ordinance is in place (January 2024) and violations of the proposed ordinance are observed , staff recommendation will be to send curtesy notices to the homeowners and educational material to help instruct homeowners and/or their contractors the restrictions regarding the use of gas-powered blowers. The notice will also make available to the homeowner access to staff for assistance in adherence to the Town’s use of approved leaf blowers. Staff would like to approach the public with a softer enforcement practice. With this approach, staff will be able to gauge if stiffer compliance regulations need to be instituted. If continued abuse of the ordinance takes place, staff will come back to Town Council and request and present to Town Council for approval of an administrative citation process along with approval to amend the Town’s Master Fee schedule to set financial penalties for issuing administrative citations.

ORDINANCE:

If adopted, the attached ordinance would add Chapter 9 “Leaf Blowers” to Title 5 “Public Welfare, Morals and Conduct” of the Los Altos Hills Municipal Code establishing regulations for the use of leaf blowers in the Town of Los Altos Hills to limit the hours of operation of all leaf blowers (both gas- powered and battery/electric-powered) from 8:00 a.m. to 5:30 p.m. Monday through Saturday. The use or operation of leaf blowers would not be permitted at any time on Sundays and public observed holidays as identified in Chapter 9, Section 5-9.01 of the the Los Altos Hills Municipal Code

Page 602 of 980 ends

Staff Report Page 3
Proposed Leaf Blower Ordinance
November 17, 2022
The ordinance would also limit the noise level of all leaf blowers to not exceed 65 dB at a distance of 50 feet as specified by the American National Standards Institute (ANSI) standard B175 for leaf blowers. All leaf blowers would also need to carry the manufacturer’s sticker certifying 65 dB compliance or be certified by the Public Works Director or their designee. The ordinance would prohibit any modification to the muffler or the manufacturer’s noise suppression system after certification of the leaf blower.

Each violation of the provisions of the chapter would constitute a public nuisance and would be subject to abatement as such. If adopted, the ordinance would become effective on January 1, 2024.

RESOLUTION
The attached resolution would authorize the City Manager to take steps to educate the public about the proposed ordinance regulating the use of leaf blowers in order to assist Town residents with compliance with the ordinance that would go into effect January 1, 2024.

The outreach campaign would consist of promoting the proposed leaf blower ordinance in the Town’s newsletter “Los Altos Hills Quarterly”, the City Manager’s Weekly Report, Town’s website and informational handouts when issuing building, grading and encroachment permits.

Staff also investigated recently passed legislation AB 1346, which is set to restrict the sale of gaspowered leaf blowers in California by January 1, 2024. Additionally, gas-powered leaf blowers are a significant contributor to greenhouse gas emissions. Staff wishes to avoid buying gas leaf blowers that will not be replaceable after the effective date of AB 1346, as well as take measures to reduce greenhouse gas emissions. Staff therefore recommends the City Council to consider adopting a resolution to direct staff to start the process to replace all Town-owned or operated gaspowered leaf blowers with battery and or electric powered leaf blowers upon their expiration, or by January 1, 2024.

As an additional measure to reduce greenhouse gas emissions, staff also recommends the City Council to consider adopting a resolution to direct staff to gradually eliminate all other Townowned and operated gas-powered garden maintenance appliances and replacing them with comparable battery/electric-powered alternatives as they become available and feasible to replace.

Adoption of the attached resolution would authorize the City Manager to take steps to replace all gas-powered leaf blowers owned or operated by the Town with electric leaf blowers by January 1, 2024. The Town may have some contracts involving the use of gas-powered leaf blowers where the term period of the contract exceeds the compliance date of January 1, 2024. Staff recommend that the City Council authorize such contracts to exceed the January 1, 2024 compliance deadline until the completion of the contract term, with the understanding that any renewal of such contract must comply with the resolution by authorizing the use of electric leaf blowers.

Page 603 of 980 ends

Staff Report Page 4
Proposed Leaf Blower Ordinance
November 17, 2022
ENVIRONMENTAL REVIEW:

This Ordinance is categorically exempt from CEQA pursuant to the general rule in 15061(b)(3) of the CEQA Guidelines that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance does not have the potential for causing a significant effect on the environment. The additions to the Municipal Code relate only to the hours and days when leaf blowers may be used, as well as the permissible noise level of leaf blowers.

FISCAL IMPACT:

There will be costs associated with the adoption of the proposed ordinance and resolution. The various costs are as follows:
• Educational materials and outreach are estimated to be $10,000 for calendar year 2023-24, • An annual budget amount for the first and second year when the ordinance is in place is estimated to be an additional $7,500 per annum.
• Replacement of existing gas-powered leaf blowers and the equipping the Corporation Yard with electrical upgrades to accommodate a battery recharging station is estimated to be in the range of $65,000 ($50,000 for new battery power leaf blowers, $15,000 for electrical upgrades to Corp Yard).
• Additional contract escalations for requiring that all town landscapers and contractors comply with the proposed ordinance is not clear but may have an incremental increase in cost.

ATTACHMENTS

1. Ordinance of the Town of Los Altos Hills Adding Chapter 9 “Leaf Blowers” to Title 5 “Public Welfare, Morals and Conduct” of the Los Altos Hills Municipal Code Regulating the Use of Leaf Blowers

2. Resolution of the City Council of the Town of Los Altos Hills to Educate the Public About an Ordinance Regulating the Use of Leaf Blowers

3. City Council Regular Meeting Minutes, August 18, 2022

4. Feb. 17, 2022, City Council Meeting Minutes,

5. EIC April 28th Meeting Minutes,

6. June 16, 2022, City Council Meeting Minutes
5199288.9

Page 604 of 980 ends

ORDINANCE ___
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING CHAPTER 9 “LEAF BLOWERS” TO TITLE 5 “PUBLIC WELFARE, MORALS AND CONDUCT”

OF THE LOS ALTOS HILLS MUNICIPAL CODE REGULATING THE USE OF LEAF

BLOWERS
WHEREAS, the Town of Los Altos Hills (“Town”) does not presently regulate the use of leaf blowers; and
WHEREAS, the Town’s noise ordinance, codified in Title 5 Chapter 9 of the Town of Los Altos Hills Municipal Code, does not specifically regulate the noise produced by leaf blowers; and WHEREAS, noise from leaf blowers can have a significant adverse impact on the public health, safety, and general welfare of Town residents; and
WHEREAS, at a regular City Council meeting, on February 17, 2022, the City Council discussed the possibility of regulating gas-powered leaf blowers in the Town by establishing specific hours of operation and noise limits, and subsequently moved to bring this item to the Town’s Environmental Initiatives Committee (EIC) for further review; and WHEREAS, on April 28, 2022, the City Council received a recommendation from the EIC to consider adoption of an ordinance regulating leaf blowers; and WHEREAS, on August 18, 2022, the City Council received a staff report on the use of leaf blowers in the Town and heard potential options for regulating their use as well as the impacts of those options; and
WHEREAS, on August 18, 2022, after receiving comments from the public, the City Council directed staff to draft an ordinance regulating leaf blower use for consideration by Council; and WHEREAS, the City Council now finds that it is in the interest of the Town and its residents to preserve the quality of life in the Town and to protect the public health, safety, and general welfare by minimizing the noise impacts caused by all models of leaf blowers by restricting their use to certain permitted times and certain noise levels; and
WHEREAS, the City Council finds that the most effective way to reduce the noise impact caused by leaf blowers in the Town is to adopt an ordinance amending the Town’s Municipal Code prohibiting the operation of any leaf blower that exceeds a noise level in excess of sixty-five (65) dB measured at a distance of 50 feet as specified by the American National Standards Institute (ANSI) standard B175 for leaf blowers; requiring that leaf blowers may only be operated during specified days and times; and adopting enforcement measures; and WHEREAS, the ordinance will go into effect on January 1, 2024 to allow the public and Town time to transition to the use of leaf blowers that would be compliant with the ordinance.

Attachment 1

Page 605 of 980 ends

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

SECTION I. AMENDMENTS TO THE MUNICIPAL CODE.

Title 5 of the Los Altos Hills Municipal Code is amended to add the following Chapter:

CHAPTER 9. LEAF BLOWERS
5-9.01 Definitions
As used in this chapter:

Decibel (dB) means the unit of measurement for sound pressure level.

Leaf Blower means any gas-powered or battery-powered portable machine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns or other surfaces.

Public holiday means the following holidays:

New Years Day (January 1st)
Memorial Day (the fourth Monday in May)
Independence Day (July 4th)
Labor Day (the first Monday in September)
Thanksgiving (the fourth Thursday in November)
Christmas (December 25th)
5-9.02 Permitted Days and Times for Use of Leaf Blowers No person may use or operate any leaf blower in the Town except between the hours of 8:00 a.m. to 5:30 p.m. Monday through Saturday. The use or operation of leaf blowers is not permitted at any time on Sundays and Public Holidays.
5-9.03 Noise Restriction
a. Notwithstanding Title 5, Chapter 2 of this Code, no person shall operate any leaf blower that exceeds a noise level in excess of sixty-five (65) dB measured at a distance of 50 feet as specified by the American National Standards Institute (ANSI) standard B175 for leaf blowers. This violation will need to be observed by the Town’s Code Enforcement Officer or his or her designee.

Page 606 of 980 ends

b. All leaf blowers shall carry the manufacturer’s sticker certifying sixty-five (65) dB compliance, or in the alternative must be certified by the Planning Director or their designee.
c. No person shall make any modification to the muffler or the manufacturer’s noise suppression system of a leaf blower after certification, as defined in subsection (b). 5-9.04 Violations and Penalties
Each violation of the provisions of this chapter shall constitute a public nuisance and shall be subject to abatement as such.

SECTION II. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The Ordinance is categorically exempt from CEQA pursuant to the general rule in 15061(b)(3) of the CEQA Guidelines that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance does not have the potential for causing a significant effect on the environment. The additions to the Municipal Code relate only to the hours and days when leaf blowers may be used, as well as the permissible noise level of leaf blowers.

SECTION III. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION IV. EFFECTIVE DATE AND PUBLICATION.

This ordinance shall become effective on January 1, 2024. Within fifteen days after the passage of this ordinance, the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law.

INTRODUCED:

PASSED:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Page 607 of 980 ends

BY: _________________________
George K. Tyson, Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney
5199287.7

Page 608 of 980 ends

RESOLUTION _____

A RESOLUTION OF THE CITY COUNCIL OF THE

TOWN OF LOS ALTOS HILLS TO EDUCATE THE PUBLIC ABOUT AN

ORDINANCE REGULATING THE USE OF LEAF BLOWERS
WHEREAS, at a regular City Council meeting on November 15, 2022 the Town of Los Altos Hills (“Town”) adopted an ordinance adding Chapter 9 “Leaf Blowers” to Title 5 of the Town’s Municipal Code to prohibit the operation of any leaf blower that exceeds a noise level in excess of sixty-five (65) dB measured at a distance of 50 feet as specified by the American National Standards Institute (ANSI) standard B175 for leaf blowers, requiring that leaf blowers may only be operated during specified days and times, and adopting enforcement measures; and WHEREAS, the ordinance will go into effect on January 1, 2024 to allow the public and Town time to transition to the use of compliant leaf blowers; and WHEREAS, leaf blowers can have a significant adverse impact on the public health, safety, and general welfare of Town residents; and
WHEREAS, it is in the interest of the Town and its residents to preserve the quality of life in the Town and to protect the public health, safety, and general welfare by minimizing the noise impacts caused by all models of leaf blowers by restricting their use to certain permitted times and certain noise levels; and
WHEREAS, education of the public is important to prepare the public for the effective date of January 1, 2024 of Ordinance 606 regulating the use of leaf blowers; and WHEREAS, the City Manager is hereby authorized to take steps to replace all gas-powered leaf blowers owned or operated by the Town with electric leaf blowers by January 1, 2024; and WHEREAS, the Town may have some contracts involving the use of gas-powered leaf blowers where the term period of the contract exceeds the compliance date of January 1, 2024; and WHEREAS, the City Council authorize such contracts to exceed the January 1, 2024 compliance deadline until the completion of the contract term, with the understanding that any renewal of such contract must comply with the resolution by authorizing the use of electric leaf blowers; and WHEREAS, the City Council desires to direct Town staff to educate the public about Ordinance 606 regulating the use of leaf blowers, which goes into effect January 1, 2024.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows:

1. The above recitals are true and correct and hereby incorporated into this Resolution.

Attachment 2

Page 609 of 980 ends

2. The City Manager is authorized to educate the public on the new regulations related to the use of leaf blowers as set forth in Ordinance 606, prior to its effective date of January 1, 2024.

3. The City Manager is authorized to take any related action reasonably necessary to carry out the intent of this Resolution.

4. This Resolution shall take effect immediately upon its passage.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 17th of November 2022 by the following vote:

AYES:

NOES:

ABSENT:

RECUSE:

ABSTAIN:

By:

George Tyson, Mayor
ATTEST:

Deborah L. Padovan, City Clerk
5231681.3

Page 610 of 980 ends

1 City Council Regular Meeting Minutes
August 18, 2022
CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance
Via teleconference according to the Governor’s Executive Order N-29-20, Mayor Tyson called the hybrid City Council Regular Meeting to order at 6:04 p.m.

Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q.

Mok, Councilmember Lisa Schmidt, Councilmember Kavita Tankha

Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, Planning and Building Director Sofia Mangalam, Public Works Director Oscar Antillon, Administrative Services Director Sarina Revillar, Assistant Planner Areli Perez, Management Analyst II Cody Einfalt, City Clerk Deborah Padovan

1. AGENDA REVIEW
There were no changes to the agenda. Mayor Tyson also stated that there was no reportable action resulting from the closed session.

2. PRESENTATIONS AND APPOINTMENTS
A. Reappointment to the Los Altos Hills Environmental Design and Protection Committee.

City Clerk Padovan presented the application of Vijay Chawla.

MOTION MADE AND SECONDED: Councilmember Tankha moved to appoint Vijay Chawla to the Los Altos Environmental Design and Protection Committee for a second four-year term. The motion was seconded by Councilmember Schmidt.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, August 18, 2022 – 6:00 p.m.

Council Chambers, 26379 Fremont Road, Los Altos Hills, California Attachment 3

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2 City Council Regular Meeting Minutes
August 18, 2022
ABSENT: None
B. Appointment to the Los Altos Hills History Committee City Clerk Padovan presented the application of Bernado Ferrari.

Mr. Ferrari introduced himself to the Council.

MOTION MADE AND SECONDED: Mayor Tyson moved to appoint Bernado Ferrari to the Los Altos Hills History Committee for a four-year term. The motion was seconded by Vice Mayor Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Appointment to the Los Altos Hills Pathways Committee City Clerk Padovan presented the two applications.

Jennifer Basiji introduced herself to the City Council and withdrew her application to the committee as she will not be available to serve.

Joe Mitchell, Los Altos Hills, introduced himself to the City Council and expressed interest in serving on the committee.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Joe Mitchell to the Los Altos Hills Pathways Committee for a four-year term. The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
D. Mid-Year Status Update on 2022 Council Strategic Goals City Manager Peter Pirnejad presented a review of the 2022 work plan and provided a status update on the items that were listed on the plan. He also provided a progress report on Council projects not on the 2022 priority workplan. The report was

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3 City Council Regular Meeting Minutes
August 18, 2022
received, and no action was taken.

E. Planning Commission’s Ad Hoc Committee’s Presentation on SCCFD Driveway Requirements Relating to ADU and Lot-Split Development by Planning Commission Chair Jim Waschura

Planning Commission Chair Jim Waschura presented the subcommittee’s report on the fire department requirements for new construction. The subcommittee had the following recommendations:
• Ask SCCFD to have a fast-track process for urgent changes that is separate from the normal 2-year revision cycle.
• Ask SCCFD to make available online updated documents with objective criteria. • Ask SCCFD to have a fast-track process for urgent changes that is separate from the normal 2-year revision cycle.
• Ask Staff to communicate the requirements for SCCFD plan approval during the pre-application stage to avoid surprises.
• Ensure SCCFD approval happens before site development approval. This will avoid creating conflicts between LAH and SCCFD approvals.
• For Ministerial projects that don’t have a site-development phase, route plans to SCCFD upon receipt, and don’t grant building permits until SCCFD approval is completed.
• Ask SCCFD to be proactive in responding to SB9 legislation. Work with other municipalities with similar concerns to raise the priority of this issue with SCCFD.

Council discussion ensued.

Brad Fox, Assistant Fire Marshal, Santa Clara County Fire Department, was in attendance and responded to questions from the Council.

Hector Estrada, Fire Marshal, Santa Clara County Fire Department, was in attendance and responded to questions from the Council.

Public Comment
Breene Kerr, Los Altos Hills, said Sherlock Road will never be 20 feet wide as it is not physically possible to engineer a project like that. There are six homes on that road that were approved, built with permits and if those homes become uninhabitable, there will have been a public taking and litigation may ensue. He said the City Council has delegated veto power to the Fire Department, and they can take that back.

A clear set of allowable mitigating factors is needed.

Rajiv Bhateja, Los Altos Hills, said his home is subject to this issue. He expressed concerns about buyers needing to be notified that they may not be able to rebuild, you just penalized the current owners. He would like to see a flexible solution.

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4 City Council Regular Meeting Minutes
August 18, 2022
Jitze Couperus, Los Altos Hills, thanked the Fire Department for attending. He said driveway widths are different for other local cities, but not Los Altos Hills. He talked about the standards the Fire Department uses. He requested further communication from the Fire Department.

Further discussion ensued. No action was taken.

Councilmember Tankha requested that the Fire Marshal return in two months to see how we are doing with this issue. There was no commitment from the Fire Department to return.

F. Presentation by the Santa Clara County Office of the Sheriff on the Differences Between a Motorcycle and a Patrol Vehicle
Sheriff Captain Rich Urena provided information on the difference between a motor unit deputy and a motorcycle unit deputy. He provided some options:
• Option 1: Continue to fund a motor deputy and focus on traffic matters and complaints
• Option 2: Continue to have a traffic deputy, but instead of a motorcycle, use a motor vehicle.
• Option 3: Discontinue the use of a traffic deputy and replace that with a patrol deputy.

The Council asked questions of Captain Urena and received his responses.

Kjell Karlsson, Los Altos Hills, thanked the captain for explaining the difference between the two units. He said that Option 3 was best - to discontinue the use of a traffic deputy and replace it with a patrol deputy.

Council discussion ensued.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to ask Captain Urena to institute Option 2 - continue to have a traffic deputy, but instead of a motorcycle, use a motor vehicle. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
The Council recessed at 7:48 p.m.

The Council reconvened to open session at 7:56 p.m.

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5 City Council Regular Meeting Minutes
August 18, 2022

3. PRESENTATIONS FROM THE FLOOR
Rajiv Bhateja, Los Altos Hills, provided an update on the activities of the Technology Committee. He said that the committee passed a motion proposing some speed alert systems in town. They also passed a second motion for gas shut-off valves.

Dru Anderson, Los Altos Hills, reported that her neighborhood (LAHE005) the Saddle Mountain neighborhood received Firewise certification. The Firewise program is a grassroot neighborhood wildfire preparedness program developed by the NFPA National Fire Protection Association.

J. Logan, General Manager, Los Altos Hills County Fire District, congratulated Dru and her team members. The Fire District completed the criteria to become a nationally recognized Firewise USA program participant.

Allan Epstein, Los Altos Hills, reported on the FIC on excessive building fees. The committee recommends further study and requests to calculate the Building Department revenue used in his study in conformity with the matrix study methods and calculate related costs after considering corrections noted by the City Manager. The corrections include compensating for the timing differences between recording the revenue and incurring the cost and then present to FIC.

4. CONSENT CALENDAR

Public Comment
Allan Epstein, Los Altos Hills, spoke on item 4.N, regarding the procurement process. He stated that the town has not met the legal procurement requirements for this project.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to approve the Consent Calendar. The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
A. Approval of Regular City Council Meeting Minutes – June 16, 2022 B. Approval of Joint City Council/Planning Commission Special Meeting – June 20, 2022
C. Approval of Special City Council Meeting Minutes – July 18, 2022

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6 City Council Regular Meeting Minutes
August 18, 2022
D. Review of Disbursements for July 1-31, 2022 $1,679,756.87 E. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff: S. Mattas)
F. Request by the Los Altos Hills History Committee for approval to hold the Committee’s Fall Annual Presentation the “Tales of Former Mayors” and to Advertise the Presentation (History Committee)
G. Receive Quarterly Investment Portfolio Report Quarter Ending June 30, 2022 (Staff:

S. Revillar)
H. Resolution 70-22 Authorizing the City Manager to Execute Standing Purchase Orders for Fiscal Year 2022-23 in an amount not to exceed $6,949,991 (Staff: S.

Revillar)
I. Resolution 71-22 Approving Changes to Job Description for Management Analyst II, Creating a Job Description for an Assistant to the City Manager, Reclass the Senior Community Services Supervisor to Community Services Manager, Create a Job Description for Deputy Building Official/Plan Examiner and Resolution 72-22 Approving Amending the Employee Classification and the Salary Schedule (Staff: S.

Revillar)
J. Resolution 73-22 of the Town to Abide by the California Disaster and Civil Defense Master Mutual Aid Agreement, and Resolution 74-22 Clarifying Workers’ Compensation Benefits for Registered Disaster Service Worker Volunteers (Staff: C.

Einfalt)
K. Resolution 75-22 Awarding a Contract for the 2022 Pavement Rehabilitation and Drainage Improvement Project (Staff: O. Antillon)
L. Resolution 76-22 Awarding a Contract for Design and Permitting Services for the Summerhill Pathway Project (Staff: O. Antillon)
M.Resolution 77-22 Approving the Designation of System Low Carbon Fuel Standard (LCFS) Credits to Power Flex (Staff: O. Antillon)
N. Resolution 78-22 Awarding a Contract for the Corporation Yard Site Improvements Project (Staff: O. Antillon)
O. Notification of Fast Track Approval; 26880 Ortega Drive – File #SD22-0006 – Lands of Rajwar Family Trust - Site Development Permit for a 1,866 square-foot addition, which includes a new 789 square-foot lower floor, to an existing single-story

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residence and new patios and walkways. CEQA review: Categorical Exemption per Section 15303(e) (Staff: J. Loh). Appeal Deadline: Tuesday, August 23, 2022, at 5:00 p.m.

Item 6 was heard next:

6. PUBLIC HEARINGS

► City Council Ex Parte Contacts Policy Disclosure

A. Approval of a Tentative Map to create a two-lot subdivision of an existing 2.20 gross acre parcel (APN 182-028-026. Proposed new Parcel A would be 1.010 acres and the proposed new Parcel B would be 1.073 acres (Staff: S. Mangalam)

Mayor Tyson had no contacts but has walked the property. Councilmember Mok spoke to Allan Epstein and Kjell Karlsson. There were no other ex parte communications.

Mayor Tyson opened the Public Hearing.

Assistant Planner Areli Perez presented the staff report.

The Council asked questions. Areli Perez and Planning and Building Director Sofia Mangalam addressed them.

Council discussion ensued.

Carlos (Gustavo) Auqui, Applicant, presented his request to the City Council.

Public Comment
Michael Milani, Milani and Associates, Civil Engineer on the project, said there are a number of objective standards that have been applied to the project. They are in agreement with the conditions of approval. The intersection meets objective standards by the state of California.

Kit Gordon, Los Altos Hills, is encouraged that all driveways go onto Altamont and not Page Mill Road. The study may not convey the dangers of Page Mill Road.

Waidy Lee, Los Altos Hills, said she shares a fence with the subject property. She expressed concerns about the driveway coming out on Page Mill Road. The traffic study should come forward for Council review prior to the map approval.

John Lewis, Los Altos Hills, said the only responsible decision is to accept option 3 as the traffic study has not been completed yet. It may not be possible to make the driveway entrance off of Page Mill safe.

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Mayor Tyson closed the Public Hearing.

Council discussion ensued.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to deny the subdivision application without prejudice and allow the applicant to re-file; direct the applicant to refile the application with a Traffic Safety Study prepared, for Planning Commission review; and any application fees for re-filing to be waived for the applicant. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

5. ONGOING BUSINESS
A. Receive a Report on the Findings for the Community Facilities Needs Assessment and Provide Direction on Town Hall Addition/Community Space (Staff: S.

Robustelli)

Community Services Supervisor Sarah Robustelli presented the staff report.

Ryan Mottau, MIG, Inc., Berkeley, and Kevin Lyons, Chief Scientist, Governance Sciences Group, each presented the reports on the survey results.

Council discussion ensued.

Public Comment
Allan Epstein, Los Altos Hills, complimented the staff on surveying the public and hearing all voices. With regard to the public space, the survey results are statistically accurate. Regarding the town staff needs, he doesn’t believe the report identifies the needs or the needs over a period of time: what the space will be used for, who will use it and how will it grow over time. The needs need to be established.

Council discussion continued.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to continue the meeting past 10 p.m. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha

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NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Brene Kerr, Los Altos Hills, said that the public is greeted outdoors lately. There must have been some of the public spaces taken over by the staff. He hopes the town will provide a more welcoming place for the residents. The tables outside do not feel very permanent. It is worth taking a look at.

Council discussion continued.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to direct staff to look at ways to expand Town Hall that incorporate the ideas set forth in the report put together by staff based on FlashVote and MIG reviews that we assume we need more room for staff and that we include community involvement in the design as well. The motion was seconded by Mayor Tyson.

MOTION FAILED 2-3:

AYES: Tyson, Schmidt
NOES: Mok, Swan, Tankha
ABSTAIN: None
RECUSE: None
ABSENT: None
MOTION MADE AND SECONDED: Councilmember Tankha moved to direct staff to return to Council with projections for the next 10 years in terms of staffing needs, any additional space for staffing, and how that space would be used. The motion was seconded by Councilmember Mok.

Council discussion continued.

MOTION PASSED 4-1:

AYES: Tyson, Swan, Mok, Tankha
NOES: Schmidt
ABSTAIN: None
RECUSE: None
ABSENT: None
The Council recessed at 10:11 p.m.

The Council reconvened to Open Session at 10:18 p.m.

B. Resolution 79-22 to Authorize the City Manager to Submit Payment to the Santa Clara County Office of the Sheriff for Additional Law Enforcement Services Received during FY 21-22 totaling $32,197 (Staff: C. Einfalt)

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Management Analyst Cody Einfalt presented the staff report.

Council discussion ensued.

Public Comment
Anand Ranganathan, Los Altos Hills, said there is no accountability the Sheriff’s Department. The Sheriff’s Department should give a report every month reflecting which deputies were in town, what days, and what they were doing. All we get from the Sheriff’s Department is the monthly bill. The town needs to demand more accountability.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to approve Resolution 79-22 to Authorize the City Manager to Submit Payment to the Santa Clara County Office of the Sheriff for Additional Law Enforcement Services Received during FY 21-22 totaling $32,197. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Update to Council Appointments to Committees and Outside Agencies 2022 (Staff:

D. Padovan)

City Clerk Padovan presented the update of the Council appointments.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to accept the updated schedule of Council Appointments to Committees and Outside Agencies 2022. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

7. NEW BUSINESS
A. Introduction of Ordinance 602 (First Reading) of the City Council of the Town of Los Altos Hills Authorizing an Amendment to the Contract Between the Town and the Board of Administration of the California Public Employees’ Retirement System

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and Resolution 80-22 of Intention to Approve an Amendment to Contract Between the Board of Administration California Public Employees’ Retirement System and the City Council of the Town of Los Altos Hills (Staff: S. Revillar)

Administrative Services Director Sarina Revillar presented the staff report.

Council discussion ensued.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to waive reading and introduce Ordinance 602 (First Reading) of the City Council of the Town of Los Altos Hills Authorizing an Amendment to the Contract Between the Town and the Board of Administration of the California Public Employees’ Retirement System and Resolution 80-22 of Intention to Approve an Amendment to Contract Between the Board of Administration California Public Employees’ Retirement System and the City Council of the Town of Los Altos Hills. The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

8. STAFF REPORTS
A. City Attorney -No report.

B. City Clerk
City Clerk Padovan reported on the volunteer dinner scheduled for September 7th. A special City Council meeting is scheduled for Friday, August 19th to discuss the outcome of the nomination period for the November City Council election. Staff is working with a consultant to come up with streamlined guidelines for agenda, minutes, and training. She is planning to bring a proposal back to the City Council in quarter 4 to determine how to preserve the records that are stored at the Corp Yard.

C. Planning Director
The State mandated Public Review Draft of the 6th Cycle Housing Plan 2023 – 2031 Housing Element (draft) for the Town of Los Altos Hills is available online for public review and comment. We have sent emails via listserv, social media messaging, and advertising in the Town Crier and Daily Post.

The community can provide comments via email, online feedback form, or in person during counter hours. Staff will also be available on August 22nd and 29th between 5

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pm and 7 pm to assist residents with reviewing the draft and providing comments. So far, we have received three public comments via email.

Keeping in mind the water supply challenges due to the drought, a condition of approval stating that “all required plantings shown on the plans shall be installed during the winter months between October and March” has been added to recently approved Site Development Permits for landscape screening. In addition, staff will send request letters to homeowners who recently got their landscaping projects approved to defer the planting of trees and shrubs to the winter months.

Dan Edds, consultant for the building permit fee study, will be presenting his findings to the City Council in the October meeting. He also made a presentation to the FIC on August 8th.

D. Administrative Services Director
Administrative Services Director Sarina Revillar reported that staff created an internship program this summer. Three interns were hired in the areas of City Manager, Administrative Services, and Community Services. Some of the following projects included:

1. Research and recommendation regarding an EOC.

2. Research and draft financial policy.

3. Research and draft tabling policy.

4. Learned about the sewer system and shadowed the Engineering staff.

Jonathan Reichental will present the IT Master Plan at the September City Council meeting.

E. Public Works Director
Public Works Director Oscar Antillon reported on the following:

Pathways update
Public Works continues to define the list for the next ten segments. There are lots of opportunities to improve many paths in which the town already has the easements, but the path has not been improved due to lack of resources.

Matadero Creek
On August 10th the San Francisco Bay Regional Water Quality Control board (Water Board) responded to our letter from July 19th. In the latter the Executive Officer said that the quality certification for the project will be issued once the town completed and submitted the mitigation and monitoring plan for the project. We expect a draft to be completed by the end of August.

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Personnel
We expect the newest member of our maintenance team, Walter Fiallos, to start work on Monday, August 22, 2022. We have selected our new assistant engineer, currently going through the pre-hiring process.

Prop 68 and Town Hall
Both projects are waiting for building permits.

East Sunset
Complete and great job by our associate engineer John Chau managing a difficult contract, but the project was completed on schedule and on budget. 4 Additional EV Chargers.

Thanks to staff engineers Daniel Liang and Melissa Elian-Carrillo for their efforts working on the project and coordinating with the EIC to procure the new chargers.

Once the chargers are installed, we welcome the community to use them.

Procurement Process update
We follow our procurement procedures, basically construction projects under $200,000 can be done with informal bid procedures, as part of that the town needs the list of contractors we use.

F. City Manager
City Manager Peter Pirenjad reported on the following:

Drought Planning
• Water Conservation Meeting
Staff hosted a meeting with Cal Water Service and Purissima Water District to discuss ways in which the town can help residents conserve water

• QWEL Program
Staff is working with the Bay Area Water Supply & Conservation Agency (BAWSCA) and the California Water Efficiency Partnership (CalWEP) to put together a proposal on bringing the Qualified Water Efficient Landscaper (QWEL) program to Los Altos Hills.

Emergency Management
• Disaster Council Meeting
The Los Altos Hills Disaster Council held its first meeting since the pandemic. Attendees included the Director of Emergency Services, Peter Pirnejad: City Manager, Mayor of Los Altos Hills: George Tyson, Management Analyst: Cody Einfalt, and Emergency Management Consultant:

Ann Hepenstal. At least one annual meeting of the Disaster Council is required to remain in compliance with state regulations.

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• Santa Clara County Emergency Preparedness Fair
Mark your calendar for Saturday, September 10th and visit the county’s Emergency Preparedness Fair in San Martin from 9:00 am to 1:00 pm.

• Emergency Communication Meeting with the Fire Department In response to the few fire incidents over the past few weeks, town management staff held a meeting with the Fire Department (Brian Glass) to understand how they can establish better communication during these events.

Town staff has assembled an efficient Public Information Officer (PIO) team that oversees outgoing messages from the town.

Please continue to use Watch Duty and Pulse Point to get the latest updates on town emergencies.

GreenWaste
July 23, 2022 GreenWaste Neighborhood Clean-up event
GreenWaste hosted the Neighborhood Clean-Up Event at Foothill College. A total of 612 cars utilized the drop-off service totaling 68.34 tons collected.

LAFCO Fire Service Review Meeting
Santa Clara LAFCO resumed their Technical Advisory Committee and held a meeting on the Countywide Fire Service Review. A replacement consultant has been chosen to pick up the work that has already been started, and an updated timeline in available on LAFCOs website.

Community Services
The Fall/Winter Activity Guide is at the printer and will be mailed by the end of the month. In the guide you will find community events, activities, and resources.

Upcoming Events:

On Saturday, August 20th the 4th Adult Softball Game taking place from 1-3 pm at Purisimma Park. Come out and cheer for your home team and watch LAH take home the trophy!
Mark your calendar for the Los Altos Hills Hoedown Saturday, September 10th from 4-7 pm at Westwind Community Barn. The event will include Equestrian Expo, Live Music, Line Dance Caller, Capelo’s BBQ, and arts and crafts. See you there!
Want to stay informed? Sign up on the Town’s website for the City Manager’s Weekly Report.

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9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND

COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Mayor Tyson)

Mayor Tyson reported that PG&E has provided a contact person and Public Works Director Oscar Antillon has been in touch with them.. No action was taken.

B. Report from the Council Ad Hoc Committee on Community Surveys (Mayor Tyson/Councilmember Schmidt)

Councilmember Schmidt said the committee’s work has concluded.

C. Report from the Council Town Hall Ad Hoc Committee (Mayor Tyson/Councilmember Schmidt)

Councilmember Schmidt said the committee’s work has concluded.

D. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)

Councilmember Mok said the committee has met twice, once with Comcast and once with AT&T. They hope to have a report at the next City Council meeting.

E. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities

Vice Mayor Swan reported that the TEDx committee set a date for January 28, 2023.

The title of the program is The Power of Creativity and Innovation in Silicon Valley.

The guest list is limited to 100, so sign up right away when the invitations are sent.

Mayor Tyson encouraged council liaisons to encourage their committees to work through the liaison for presenting at Council meetings. There were a couple of committee reports made during public comment this evening. Additionally, Council Initiated items are generally new ideas that are not in the work plan. He encouraged Councilmembers to discuss topics with the City Manager in advance to see what type of background work needs to be done.

10. COUNCIL INITIATED ITEMS

A. Request by the Environmental Initiatives Committee for Consideration to Direct Staff to Prepare Leaf Blower Regulations (Councilmember Mok)

Councilmember Mok presented the item.

Council discussion ensued.

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Chris Schiebl, Los Altos Hills, is asking for a leaf-blower ordinance. Not trying to ban gas powered leaf blowers, but sensible hours and noise ordinance.

Anand Ranganathan, Los Altos Hills, clarified the enforcement piece. The EIC discussion centered on the enforcement - it should be a civil defense using code enforcement. We should not be involving law enforcement in the enforcement of the matter.

MOTION MADE AND SECONDED: Councilmember Mok moved to direct staff to prepare leaf-blower regulations for noise and hours of operation and to not use the Sheriff for enforcement, but a compliance officer. The first offense would be a warning, the second warning would be a set fine, and third would be an infraction.

The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Request for Consideration to Offering a Lifetime Volunteer Award to Qualified Individuals (Vice Mayor Swan)
Vice Mayor Swan presented the request.

Council discussion ensued.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to create an ad hoc committee made up Councilmember Tankha and Vice Mayor Swan to develop a process and criteria for Offering a Lifetime Volunteer Award to Qualified Individuals. The motion was seconded by Councilmember Schmidt.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Request by the Environmental Initiatives Committee to Participate in a new Community-Based Network to Sample the Chemical Composition of Natural Gas Delivered to Los Altos Hills Homes (Councilmember Schmidt)

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Councilmember Schmidt presented the item.

Council discussion ensued.

MOTION MADE AND SECONDED: Mayor Tyson moved to participate in a study to sample the chemical composition of natural gas delivered to Los Altos Hills homes. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

11. ADJOURN

The meeting adjourned at 11:16 p.m.

Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
The minutes of the August 18, 2022, regular City Council meeting were approved as presented at the September 15, 2022, regular City Council meeting.

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Via teleconference according to the Governor’s Executive Order N-29-20, Mayor Tyson called the City Council Regular Meeting to order at 6:02 p.m.

Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q.

Mok, Councilmember Lisa Schmidt, Councilmember Kavita Tankha

Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, Planning and Building Director Sofia Mangalam, Public Works Director Oscar Antillon, Administrative Services Director Sarina Revillar, Community Services Supervisor Sarah Robustelli, Management Analyst II Cody Einfalt, City Clerk Deborah Padovan
CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance

1. AGENDA REVIEW
Mayor Tyson said there was no reportable action out of of closed session.

Vice Mayor Swan removed Items 9.C and 9.D from the agenda.

Mayor Tyson removed Item 6.B from the agenda.

There were no other changes to the agenda.

2. PRESENTATIONS AND APPOINTMENTS
A. Appointments to the Los Altos Hills Open Space Committee City Clerk Deborah Padovan presented two applications for the Open Space Committee.

Anita Baldwin introduced herself to the City Council and expressed her interest in serving on the committee.

Viggy Mokkarala introduced himself to the City Council and expressed his interest Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, February 17, 2022 – 6:00 p.m.

Council Chambers, 26379 Fremont Road, Los Altos Hills, California Attachment 4

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in serving on the committee.

Council discussion ensued.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to appoint Anita Baldwin and Viggy Mokkarala to the Open Space Committee for four-year terms. The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Appointments to the Los Altos Hills Technology Committee City Clerk Padovan presented the applications for the Technology Committee.

Vice Mayor Swan said that she would not be voting for her spouse and will choose only six applicants.

Council discussion ensued.

Rajiv Bhateja, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

William Coughran, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

Ameesh Divatia, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

Javed Husain, Los Altos Hills, was not present, but the City Clerk read a message from him in which he expressed his interest in serving on the committee.

Annie Ju, Los Altos Hills, introduced herself to the City Council and expressed her interest in serving on the committee.

George Lee, Los Altos Hills, was not present, but a video message was shared in which he expressed his interest in serving on the committee.

Ronald Haley, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

Sam Mughal, Los Altos Hills, applied, but was not present.

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Robert Sandor, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

John Swan, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

Scott Vanderlip, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

Sasha Zbrozek, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee.

Council discussion ensued.

The results of the vote are as follows:

Councilmember Mok selected Rajiv Bhateja, William Coughran, Ameesh Divatia, Ronald Haley, John Swan, Scott Vanderlip and Sasha Zbrozek.

Councilmember Schmidt selected Rajiv Bhateja, William Coughran, Ameesh Divatia, Javed Husain, Annie Ju, George Lee and Sasha Zbrozek.

Councilmember Tankha selected Rajiv Bhateja, William Coughran, Ameesh Divatia, Ronald Haley, John Swan, Scott Vanderlip and Sasha Zbrozek.

Vice Mayor Swan selected Rajiv Bhateja, William Coughran, Ameesh Divatia, George Lee, Scott Vanderlip and Sasha Zbrozek.

Mayor Tyson selected Rajiv Bhateja, William Coughran, Ameesh Divatia, Javed Husain, Annie Ju, George Lee and Sasha Zbrozek.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Rajiv Bhateja, William Coughran, Ameesh Divata, Annie Ju, Scott Vanderlip, Sasha Zbrozek and George Lee to the Technology Committee for four-year terms.

The motion was seconded by Councilmember Tankha.

Public Comment
There were no public comments.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None

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February 17, 2022
ABSENT: None

3. PRESENTATIONS FROM THE FLOOR
There were no presentations from the floor.

4. CONSENT CALENDAR
Mayor Tyson pulled Item 4.I for discussion. Vice Mayor Swan recused herself from voting on Items 4.I and 4.L
Councilmember Mok did not pull Item 4.D but commented on it.

Public Comment
There were no public comments.

MOTION MADE AND SECONDED: Councilmember Tankha moved to approve the Consent Calendar with the exception of Item 4.I. The motion was seconded by Councilmember Schmidt.

MOTION PASSED 5-0:

AYES: Tyson, Swan (except for Item 4.I and 4.L), Mok, Schmidt, Tankha NOES: None
ABSTAIN: None
RECUSE: Swan (Item 4.I and 4.L)
ABSENT: None
A. Approval of Special City Council/Planning Commission Meeting Minutes – January 19, 2022
B. Approval of Regular City Council Meeting Minutes – January 20, 2022 C. Approval of Special City Council Meeting Minutes – January 25, 2022 D. Review of Disbursements for January 1-31, 2022 $1,562,638.59 E. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff: S. Mattas)
F. Resolution 15-22 Authorizing Submittal of Application for all CalRecycle Grants for Which Town of Los Altos Hills is Eligible (Staff: S. Revillar)

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G. Receive Quarterly Investment Portfolio Report-Quarter Ending December 31, 2021 (Staff: S. Revillar)
H. Resolution 16-22 Accepting the 2021 Pavement Rehabilitation and Drainage Improvement Project as Complete (Staff: O. Antillon)
I. Resolution 19-22 Awarding a Contract for the East Sunset Drive Roadway Widening Project to Brannon Corporation (Staff: O. Antillon)
Mayor Tyson pulled the item and proposed that we proceed with this item and direct the staff to investigate ways to complete a pathway along that roadway at the same time.

City Manager Pirenjad clarified that the motion that had been discussed was “Approve the project as is, recognize that the Pathways Master Plan includes this as one of the areas missing a roadway path, and direct staff to coordinate with the Pathways Committee to plan for a path for this section of East Sunset Drive.” MOTION MADE AND SECONDED: Mayor Tyson moved to approve Resolution 19-22 Awarding a Contract for the East Sunset Drive Roadway Widening Project to Brannon Corporation, recognizing that the Pathways Master Plan includes this as one of the areas missing a roadway path, and direct staff to coordinate with the Pathways Committee to plan for a path for this section of East Sunset Drive. The motion was seconded by Councilmember Tankha.

Public Comment
There were no public comments.

MOTION PASSED 4-0-1:

AYES: Tyson, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: Swan
ABSENT: None
J. Adoption of Ordinance 600 (Second Reading) to Amend Title 6 of the Los Altos Hills Municipal Code Establishing Mandatory Organic Waste Disposal Reduction Regulations Consistent with Senate Bill 1383 Requirements (Staff: O. Antillon) - Motion to Waive Reading and Adopt the Ordinance
K. Resolution 17-22 Authorizing Consulting Service Agreements with 4Leaf, Inc. and West Coast Code Consultants, Inc. for Contract Building Services for a period of three (3) years in an amount not to exceed $150,000 per agreement (Staff: S.

Mangalam)

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L. Resolution 18-22 Accepting the Grant of an Open Space Easement at 13210 E.

Sunset Drive; Lands of Pang; File #ER21-0001 (Staff: S. Mangalam) M. Receive City Council Strategic Priorities Implementation Plan (Staff: P. Pirnejad)

5. ONGOING BUSINESS
A. Amendment to the Resolution 20-22 Establishing Standing Committees and Adopting General Special Rules Pertaining Thereto Regarding Status of the Education Committee (Staff: D. Padovan)
City Clerk Padovan presented the staff report.

Mayor Tyson provided additional information.

Council discussion ensued.

Public Comment
John Swan, Los Altos Hills, said he doesn’t think an Education Committee is necessary right now, but believes we should designate one person to be our champion for how monies are spent.

Mayor Tyson would be willing to contact LASD to see if there is an opening to serve on their bond oversight committee.

MOTION MADE AND SECONDED: Mayor Tyson moved to amend the standing committee to remove the Education Committee. The motion was seconded by Councilmember Schmidt.

Public Comment, continued
Michelle Yu, Los Altos Hills, had missed the discussion of Consent Calendar and asked what had been decided. Mayor Tyson said the item was approved and returned to staff. City Manager Pirnejad offered to speak with Ms. Yu offline.

MOTION PASSED 3-2:

AYES: Tyson, Schmidt, Tankha
NOES: Swan, Mok
ABSTAIN: None
RECUSE: None
ABSENT: None

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B. Resolution 21-22 Approving the Scope of Work and Authorizing Staff to Issue an RFP for Proposition 68 Grant Funding Project to Retrofit the Purissima Park Concession Building and Obtain Bids (Staff: S. Robustelli) Community Services Supervisor Sarah Robustelli presented the staff report.

Council discussion ensued.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to adopt Resolution 21-22 Approving the Scope of Work and Authorizing Staff to Issue an RFP for Proposition 68 Grant Funding Project to Retrofit the Purissima Park Concession Building and Obtain Bids. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Resolution 22-22 Approving the Review Criteria for the Automatic License Plate Reader Pilot Program (Staff: C. Einfalt)

Management Analyst II Cody Einfalt presented the staff report.

Captain Rich Urena provided information on the sheriff’s office side of the cameras.

Council discussion ensued.

Public Comment
Rajiv Bhateja, Los Altos Hills, said he was glad to see they are already helping to keep the Town safe. Trying to extrapolate the effectiveness of these systems in a 30 period is not likely to be very reliable, so he supports reviewing the effectiveness over a longer period.

Allan Epstein, Los Altos Hills, complimented the staff and committee for putting in the ALPR system. He asked what methodology the sheriff’s office is going to employ to verify that all the systems are working. Captain Urena responded to Mr.

Epstein’s questions.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to adopt Resolution 22-22 Approving the Review Criteria for the Automatic License Plate Reader Pilot Program. The motion was seconded by Councilmember Mok.

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8 City Council Regular Meeting Minutes
February 17, 2022
MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
The Council went into Recess at 8:02 p.m.

The Council Reconvened to Open Session at 8:09 p.m.

6. NEW BUSINESS
A. Receive 2021-22 Mid-Year Financial Report and Adopt Resolution 23-22 Approving the Mid-Year Budget Appropriations (Staff: S. Revillar) Administrative Services Director Sarina Revillar presented the staff report.

Council discussion ensued.

Public Comment
Allan Epstein, Los Altos Hills, said revenue is definitely coming in higher than what was expected and expenses way under budgeted. The anticipated amount of fund balance at the end of the year will be substantially greater. He suggested since the Phase II program for Town Hall is not moving ahead, the money be unappropriated so that it is available for other expenditures.

Further Council discussion ensued.

MOTION MADE AND SECONDED: Councilmember Tankha moved to adopt Resolution 23-22 Approving the Mid-Year Budget Appropriations. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Resolution Approving the Employee Enhancements to Attract and Retain Town Staff (Staff: S. Revillar) – Removed from the agenda and not considered.

C. Resolution 24-22 Approving the COVID-19 Vaccination and Testing Policy (Staff:

S. Revillar)

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9 City Council Regular Meeting Minutes
February 17, 2022
Administrative Services Director Sarina Revillar presented the staff report.

City Attorney Steve Mattas said that councilmembers are elected and appointed by pursuant to state laws. The Town cannot impose a requirement beyond what state law allows for an individual to be a councilmember. However, the Council can impose upon itself that requirement. He wanted Council to be aware that should they adopt the resolution presented tonight, those requirements would apply to them and to any new councilmember should a seat become vacant.

Public Comment
There were no public comments.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to adopt Resolution 24-22 Approving the COVID-19 Vaccination and Testing Policy. The motion was seconded by Councilmember Schmidt.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Items 6.D and 6.E were combined:

D. Discussion and Possible Action to Form a Council Ad Hoc Committee to Review and Make Recommendations on the Town’s Solid Waste Franchise Agreement with Greenwaste Recovery Inc. (Staff: C. Einfalt); and,
E. Discussion and Possible Action to establish two City Council Ad Hoc Committees; 1) a City Council Town Hall Committee to Evaluate Staffing Needs, Facilities and Parks and Recreation Program Space over the next 10 years and 2) Establish a City Council Ad Hoc Committee to Explore a Legacy Giving Program (Staff: P. Pirnejad) Council discussion ensued. Management Analyst II Cody Einfalt presented the memo on the Greenwaste Ad Hoc Committee.

Public Comment (Item 6.D)
Allan Epstein, Los Altos Hills, asked if contracts ran on a calendar year or fiscal year. Mr. Einfalt responded that the franchise agreement runs on a fiscal year, but the decision needs to be on calendar year.

City Manager Pirnejad presented the ad hoc committees on evaluating staff needs/facilities and on a legacy giving program.

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10 City Council Regular Meeting Minutes
February 17, 2022
Council discussion ensued.

Public Comment (Item 6.E)
There were no public comments.

There was Council consensus that the ad hoc committee members would be as follows:

City Council Ad Hoc Town Hall Committee (Staffing Needs, Facilities and Parks and Recreation Program Space): Mayor Tyson and Councilmember Schmidt City Council Ad Hoc Greenwaste Committee: Mayor Tyson and Vice Mayor Swan City Council Ad Hoc Legacy Giving Program Committee: Councilmember Mok and Councilmember Tankha
MOTION MADE AND SECONDED: Mayor Tyson moved that a Council Ad Hoc Town Hall Committee consisting of Mayor Tyson and Councilmember Schmidt be formed; a Council Ad Hoc Greenwaste Committee consisting of Mayor Tyson and Vice Mayor Swan be formed; and a Council Ad Hoc Legacy Giving Program Committee consisting of Councilmember Mok and Councilmember Tankha be formed. The motion was seconded by Vice Mayor Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND

COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Request from the Open Space Committee Authorizing the City Manager to Enter into an Agreement for Funding for a Wildlife Corridor Consultation with Live Oak Associates in an amount not to exceed $15,000 (Open Space Committee Chair Kit Gordon)
Open Space Committee Chair Kit Gordon presented the report.

Council discussion ensued.

Public Comment

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11 City Council Regular Meeting Minutes
February 17, 2022
Peter Brown, Los Altos Hills, spoke in support of the proposal.

MOTION MADE AND SECONDED: Councilmember Tankha moved to Authorize the City Manager to Enter into an Agreement for Funding for a Wildlife Corridor Consultation with Live Oak Associates in an amount not to exceed $15,000.

The motion was seconded by Vice Mayor Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Report and Resolution 23-22 Approving the Proposed ARPA Fund Usage (Councilmember Schmidt)
Councilmember Schmidt presented the report.

Council discussion ensued.

Public Comment
Allan Epstein, Los Altos Hills, had questions about procedures for submitting to the treasury. As far as where the money is spent, it should be distributed equitably throughout the Town. It should work to the benefit of all the residents in the town.

MOTION MADE AND SECONDED: Councilmember Tankha moved to approve Resolution 23-22 Approving the Proposed ARPA Fund Usage. The motion was seconded by Vice Mayor Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Report by the Undergrounding Subcommittee (Mayor Tyson) Mayor Tyson presented the report. PG&E contacted the Town and informed us that they have been in touch with their estimator and they expect to have their work done by the end of February. The report was received. No action was taken.

D. Report by the Fire Taskforce Subcommittee (Councilmember Schmidt)

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12 City Council Regular Meeting Minutes
February 17, 2022
Councilmember Schmidt said she has morphed this ad ho committee to be more about safety. She reported on her activities related to safety issues in town. There was Council consensus to update the name of the subcommittee to the Safety Subcommittee. City Attorney Mattas recommended agendizing the topic for the next meeting.

E. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
Councilmember Schmidt said she met with Mayor Tyson and staff to come up with short, small town surveys that will be distributed for feedback.

8. STAFF REPORTS
A. City Manager
City Manager Pirenjad promoted the City Manager’s weekly newsletter; it currently has 171 subscribers, and he wants to increase it to over 200. The next talk and walk series with the City Manager is scheduled for February 25th. He encouraged residents to register to receive community surveys. The Council adopted goals and staff is working on implementing those goals. Covid testing will take place on February 22nd at Town Hall. Clean up day is March 26th. All of this information can be found in the City Manager’s weekly newsletter.

Management Analyst II Einfalt reported on the CalOES grant mitigation program. The Town submitted a notice of intent to apply. It was due Tuesday, February 15th and the has state already responded, approved the eligibility for the project, and invited staff for a sub-application to submit for the project (fire mitigation efforts). It does require a 25% Town match and staff will be bringing it forward to the Council there is more information.

B. City Attorney - No report.

C. City Clerk
City Clerk Padovan announced that after a two-year hiatus we are planning to have an in-person volunteer dinner. It will be an outdoor venue and will be hosted at Hidden Villa. The date is a little different this year - it will be on a Wednesday. The date is Wednesday, September 7th and a “save the date” will go out to all committee members in the very near future. For now, please save the date of Wednesday, September 7, 2022.

D. Planning Director
Planning and Building Director Mangalam reported that they had a pop-up event last week and that the Housing Element survey went out last week.

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13 City Council Regular Meeting Minutes
February 17, 2022
E. Administrative Services Director
Director Revillar said that we are about to embark on budget preparation. Our IT services contract with Redwood City expires June 30, 2022, and they are unable to extend the contract. We will have an IT contractor to bridge the gap while we assess IT staffing level and technology needs.

F. Public Works Director
Director Antillon reported that we now have three electric vehicles in Town. Staff also completed the Byrne Preserve path and have received positive feedback. We did some updates to the Matadero Creek path and we are working with the Regional Water Quality Board on the Matadero Creek erosion project.

9. COUNCIL INITIATED ITEMS
A. Discussion and Possible Action to Regulate Gas Powered Leaf Blowers in Los Altos Hills by Establishing Hours of Operation, Noise Limit, and set a Deadline to Eliminate Gas Powered Leaf Blowers Altogether (Councilmember Tankha) Councilmember Tankha presented the item. She suggested sending this to the Environmental Initiatives Committee for a “deeper dive.” Council discussion ensued.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to continue the meeting past 10:00 p.m. The motion was seconded by Councilmember Schmidt.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Public Comment
Anand Ranganathan, Los Altos Hills, said the Environmental Initiatives Committee will be discussing this next month.

DIRECTION: There was consensus to bring this item to the Environmental Initiatives Committee for further review.

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14 City Council Regular Meeting Minutes
February 17, 2022
B. Discussion on Criminal Activity and Recent Burglaries in Town (Councilmember Tankha)
Councilmember Tankha presented the item and asked if we are doing everything we need to be doing to keep our residents safe and said we should explore what else we can do.

Council discussion ensued.

DIRECTION: The City Manager will work directly with the Council subcommittee, which is reviewing the upcoming sheriff’s contract, to explore additional options to help keep our town as safe as possible. Additionally, the sheriff’s office will be invited to a future City Council meeting to provide an update on the current service levels in town.

C. Discussion and Possible Action to Support the Initiative to Overturn SB 9 (CA Cities for Local Control) (Councilmember Swan) – Removed from the agenda and not considered.

D. Discussion and Possible Action to Review the Sewer Rates being Charged to Los Altos Hills Residents by the City Palo Alto (Councilmember Swan) – Removed from the agenda and not considered.

10. ADJOURN
The meeting adjourned at 10:04 p.m.

Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
The minutes of the February, 2022, regular City Council meeting were approved as presented at the March 17, 2022, regular City Council meeting.

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ENVIRONMENTAL INITIATIVES COMMITTEE
Regular Meeting Minutes
Date: April 28, 2022

1. Attendees:
a. Committee: Vrinda, Sasha, Anand, Steve, Pat, April & Stan b. Others: PeterP, Cris Scheibold, Daniel Liang(staff)

2. Approval of minutes:Anand moved & seconded by Pat, approved as written unanimously

3. Agenda review: Sasha Moved & seconded by Pat as is; unanimous

4. Addition of new EV chargers
a. Peter described his options: With panel upgrades there is capacity to add 2 more EV chargers. Two alternatives: ChargePoint chargers ( about $12K already budgeted for) with one system, one provider, or donation of two chargers by town resident, as long as he gets the tax exemptions and carbon credits. b. Sasha: Might be more resilient to have different types. c. Vrinda: Too complicated later on to accept the donated ones. d. Recommended to go with Peter's suggestion with 2 Chargepoint.

5. Gas powered Leaf Blower Ordinance by Cris Schiebold (refer to Appendix 1 below) a. No leaf blower ordinance today in LAH. Adjacent towns have some kind of ordinance, some have banned gas powered, others have limited the sound levels. Compliance is improving. Manufacturers have adopted that standard of 65dB.Most achieve this by using mufflers.
b. Peter: Can the town do aits work with electric. Later this year, our staff will check. c. Cris The technology is there but are expensive, battery lasts for 3-4 hours. Don’t want to ban gas powered ones but looking for an ordinance that will regulate noise levels and hours of usage
d. April, Anand, Sasha : maintain the time schedule by cross referencing the construction noise ordinance
e. Peter: In Palo Alto, enforcement was an issue. In LAH staffing is an issue. This would be a Priority 3 issue–public nuisance– for Sheriffs when the town hall is closed with response time of 20-30mins, with mi\unicipal code issue–likely to get a warning. During office hours it will be addressed by code enforcement officers–give citations to the gardners (not the owners) and charge according to a fee schedule for the violation. The violation will have to be witnessed by the officer, with a dB meter.
f. Anand: Should not be criminalized, Stan: Against use of law enforcement-for budgetary reasons and for ethical reasons. Gardeners work very hard in difficult conditions for not much pay.
g. April: Town sends courtesy letter for violation
Attachment 5

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h. Anand believes town agreed "no mandates". If mandates cannot be imposed on residents then why on gardeners.It is unfair and immoral. Concerned that it is a hardship we are imposing on garners without any incentives. i. Cris: The hours of operation have to be different for leaf blowers and construction equipment.
j. Steve moved and April seconded to recommend to council Cris' recommended proposal as written with two amendments:
i. Enforcement will be light handed, done only by city staff when a code enforcement officer is at hand. EIC does not recommend the police be involved for enforcement.
ii. EIC recommends, but suggests the council debate the pros and cons of the ban on gas devices starting January 2024.
k. Vote: 5 (Aileen, April, Pat, Steve, Vrinda in favor) 2 opposed. Motion passed. l. Stan will decide to take it to the council

6. Petition to Mayor to sign the Mayor’s Pledge to Electrify a. Discussion of how it aligns with our CAP and our town's actions. b. Petition introduced by Rewiring America–Menlo Park, HMB, San Jose, Palo Alto have already pledged.
c. Sasha: What is the purpose? To show growing support for electrification nationwide.
d. Steve moved, Pat seconded. Unanimous support. Motion passed.

7. Methane Monitoring Program from Rob Jackson (Refer to Appendix 2) a. Steve summarized. No regs on gas companies to declare what is the composition of the gas delivered. Funding required for establishing a national network. There are no permissions required, Aski. community volunteer testing sites to test and approval to publish the findings
ii. Little bit of funding $1200 a quarter or $3600 for the year b. Vrinda: Any Liability? RJ does not know
c. Anand: Good research, but why should we pay for this? d. Stan: We have to pay for it, and probably pay more than others. e. Sasha: Great idea, but what is the benefit of regular monitoring? (Steve didn't know but trusts Rob that it's important.)
f. Steve made a motion to recommend the description (below) to council for approval, with the amendment that we recommend paying for monthly measurements ($3600).
g. Sasha & Pat seconded. 5 in favor, 1 opposed. Motion passed.

8. Update on CAP: Vrinda
a. EIC was at the Erth Day celebrations, could not get much response to the Air Travel survey since it was not well attended by the residents of LAH. b. Sofia working on RFQ for Electrification Assessments c. Town has assigned contractor to work on streamlining permit process.

9. Topics of Interest:
a. Anand:PG&E is taking sign up for trying out Induction stoves for two weeks.

Sasha: You can also borrow infrared camera from PG&E
b. April asked for volunteers for picnic June 5th. All committees invited. Expecting 1500 (down from 2000) due to COVID.
c. April will request canopy for EIC.
d. Discussion about EIC activity will be on the next meeting agenda

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10. Next EIC meeting May 26th at 6:30pm. Stan may be late; we will hold any critical items for him.

11. Adjourned at 8:15pm Sasha moves to adjourn, Anand seconded __________________________________________
Appendix 1
Recommended Leaf Blower Ordinance “Asks”:

Hours of Operation:
8:30 to 5:30 Weekdays, 9:00 to 5:00 Saturdays, operation of leaf blowers not allowed on Sundays and holidays.

Noise Limit:

Leaf blowers (both gas and electric) must not exceed 65 dB as specified by the American National Standards Institute (ANSI) standard B175 for leaf blowers. Leaf blowers must carry the manufacturer's sticker certifying 65 dB compliance or be approved and stamped by the city. No modification to the muffler or the manufacturer's noise suppression system is allowed after certification.

Gas Leaf Blowers:

Use of all gas leaf blowers will be banned starting on January 1, 2024, coinciding with the California state ban on the sale of gas leaf blowers. ______________________________________
Appendix 2
Request for EIC consideration:
● Approve a petition to the Town Council to participate in a new community-based network to sample the chemical composition of natural gas delivered to LAH homes.
● The study will help determine any health issues associated with natural gas use. ● Funding request is $3,600 for the first year for monthly gas sampling (preferred), or $1,200 for quarterly.

Background:

Professor Rob Jackson runs the Jackson Lab at Stanford. Rob has studied leaks in our natural gas system in Boston streets and New Mexico oil fields, and leaks and health impacts of gas appliances in CA homes.

The lab is now developing a community-based network to sample the chemical composition of natural gas in homes and buildings across the United States. Leaks from oil and gas infrastructure outdoors have raised concerns about the chemicals found in gas, such as benzene detected at the Aliso Canyon blowout, but we have no publicly available information on the chemical constituents in natural gas leaking into our homes and buildings. Therefore, we’d like to establish a national network by collecting monthly or quarterly unburned gas samples from home stoves in as many cities as possible. We’ll have them analyzed at certified

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laboratories using the EPA’s TO-15A method for measuring the concentrations of volatile organic carbon compounds (VOCs), including benzene, butadiene, ethylbenzene, and toluene.

An important part of the network will be to make all of the national data we find available to the public.

For gas sampling, ideally we’d collect monthly or quarterly from one home in each city (could be the same home). There’s no reason to expect PG&E gas to differ across houses in LAH. We hope the city would pay for the canister analysis (either ~$300x4 for quarterly or $300x12 for monthly). We just sampled our first home in Menlo Park.

The "ask" would be for the city council to support the concept of disclosure for what’s in the natural gas supplied to LAH residents and support the costs of the chemical analyses to determine the chemical constituents. We would request funding for one year and then revisit for continued testing.

Additional Q&A from Rob:

1. Is there any risk or downside to the city for allowing you to publish your findings? No, I can’t imagine any possible downside. The city is not liable for the chemical composition of the gas.

2. Why couldn't you just get approval from individual PG&E customers instead? We could. We don’t need city or utility approval or permission to do this. However, our goal is to start a national network of sites, and we can’t pay for sampling all of them.

City endorsements are also helpful to say, “We think this information is important.” Porter Ranch is an example of where such information would have been helpful, had it been available.

3. Is a permit required to hook up a new gas device (e.g. your test canister) within a home?
No permit is required. It’s a one-minute job and we don’t remove or alter any infrastructure to or on the existing gas appliance.

4. Could the gas utility claim the gas mixture is proprietary? Trade secrets and privacy issues shouldn’t impede our network, so long as the sampled gas comes from inside a home or building “post-meter”.

By analogy, it’s illegal to break into a Coca Cola plant to discover its ingredients, but you can buy a can of coke at the store and analyze its ingredients to your heart’s content, no permission needed. The same is true of natural gas in our homes.

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1 City Council Regular Meeting Minutes
June 16, 2022
This meeting was conducted virtually pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) related to conducting public meetings during the COVID-19 pandemic. Mayor Tyson called the hybrid Regular City Council Regular Meeting to order at 6:05 p.m.

Present: Mayor George Tyson, Vice Mayor Linda Swan, Councilmember Stanley Q.

Mok, Councilmember Lisa Schmidt, Councilmember Kavita Tankha

Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, Planning Director Sofia Mangalam, Public Works Director Oscar Antillon, Administrative Services Director Sarina Revillar, Management Analyst II Cody Einfalt, Assistant Planner Areli Perez, City Clerk Deborah Padovan CALL TO ORDER (6:00 P.M.)
Mayor Tyson called the meeting to order at 6:05 p.m. with a roll call and pledge of allegiance.

1. AGENDA REVIEW
There were no changes to the agenda. Mayor Tyson recognized the Parks and Recreation Committee for a successful 20th annual Pathways Run and the Community Relations Committee for a successful 2022 Town Picnic. He also recognized Sarah Robustelli for her work with the committees to make both events a success.

2. PRESENTATIONS AND APPOINTMENTS
A. Appointment to the Los Altos Hills Environmental Initiatives Committee City Clerk Deborah Padovan presented the application of Mike Salameh.

Mr. Salameh was not present.

MOTION MADE AND SECONDED: Councilmember Tankha moved to appoint Mike Salameh to the Environmental Initiatives Committee for a four-year term. The motion was seconded by Councilmember Schmidt.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
Town of Los Altos Hills
City Council Regular Meeting Minutes
Wednesday, June 16, 2022 – 6:00 p.m.

Council Chambers, 26379 Fremont Road, Los Altos Hills, California Attachment 6

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2 City Council Regular Meeting Minutes
June 16, 2022
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Appointment to the Los Altos Hills Environmental Design and Protection Committee City Clerk Padovan presented the application of Grace Tsang.

Grace Tsang, Los Altos Hills, introduced herself to the City Council and expressed her interest in serving on the EDPC.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to appoint Grace Tsang to the EDPC for a four-year term. The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
C. Appointment to the Los Altos Hills Parks and Recreation Committee City Clerk Padovan presented the application of Jennifer Lauren Kan Bardsley to the Parks and Recreation Committee.

Jennifer Lauren Kan Bardsley, Los Altos Hills, introduced herself and expressed her interest in serving on the committee.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Jennifer Lauren Kan Bardsley to the Parks and Recreation Committee for a fouryear term. The motion was seconded by Mayor Tyson.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
D. Appointment to the Valley Transportation Authority Bicycle and Pedestrian Advisory Committee (Los Altos Hills Representative)
City Clerk Padovan presented the application of Edward Munyak.

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3 City Council Regular Meeting Minutes
June 16, 2022
Edward Munyak, Los Altos Hills, introduced himself to the City Council and expressed an interest in serving on the VTA BPAC.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Edward Munyak to the VTA BPAC for a two-year term. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
E. Appointment to the Los Altos Hills Pathways Committee City Clerk Padovan presented the two applications.

Cindy Wenig, Los Altos Hills, introduced herself and expressed an interest in serving on the Pathways Committee.

Rajesh Shakkawar, Los Altos Hills, introduced himself and expressed an interest in serving on the Pathways Committee.

Council discussion ensued.

City Clerk Padovan distributed and then collected the ballots and stated that Rajesh Shakkawar had received the majority vote. The results were as follows:

Mayor Tyson voted for: Rajesh Shakkawar
Vice Mayor Swan voted for: Rajesh Shakkawar
Councilmember Mok voted for: Rajesh Shakkawar
Councilmember Schmidt voted for: Rajesh Shakkawar
Councilmember Tankha voted for: Rajesh Shakkawar
MOTION MADE AND SECONDED: Mayor Tyson moved to appoint Rajesh Shakkawar to the Pathways Committee for a four-year term. The motion was seconded by Vice Mayor Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

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4 City Council Regular Meeting Minutes
June 16, 2022
F. Appointments to the Emergency Preparedness and Response Committee City Clerk Padovan presented the applications for the ERPC.

Amita Sachdeva, Los Altos Hills, introduced herself and expressed an interest in serving on the Emergency Preparedness and Response Committee.

Dave Stewart, Los Altos Hills, introduced himself and expressed an interest in serving on the Emergency Preparedness and Response Committee.

Jim Basiji, Los Altos Hills, introduced himself and expressed an interest in serving on the Emergency Preparedness and Response Committee.

Council discussion ensued.

MOTION MADE AND SECONDED: Councilmember Tankha moved to appoint Sam Wood, Terry Kearney, Jim Basiji, Benjamin Gikis, Amita Sachdeva, and Dave Stewart to the Emergency Preparedness and Response Committee. The motion was seconded by Councilmember Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
G. Appointments to the Los Altos Hills Planning Commission City Clerk Padovan presented the applications.

Alisa Bredo, Los Altos Hills, introduced herself and expressed an interest in serving on the Planning Commission.

Rajiv Patel, Los Altos Hills, introduced himself and expressed an interest in serving on the Planning Commission.

Bernardo Ferrari, Los Altos Hills, introduced himself and expressed an interest in serving on the Planning Commission.

Ed Smith, Los Altos Hills, introduced himself and expressed an interest in serving on the Planning Commission.

City Clerk Padovan distributed and then collected the ballots and stated that Rajiv Patel and Alisa Bredo had received the majority of votes. The results were as follows:

Mayor Tyson voted for: Alisa Bredo and Rajiv Patel

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5 City Council Regular Meeting Minutes
June 16, 2022
Vice Mayor Swan voted for: Alisa Bredo and Rajiv Patel
Councilmember Mok voted for: Alisa Bredo and Rajiv Patel Councilmember Schmidt voted for: Alisa Bredo and Rajiv Patel Councilmember Tankha voted for: Alisa Bredo and Rajiv Patel MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Alisa Bredo and Rajiv Patel to the Planning Commission for four-year terms. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
H. Presentation by City Attorney Providing Information on Brown Act Requirements, Options, and Limitations Related to Ad Hoc and Standing Committees City Attorney Steve Mattas presented Brown Act information regarding ad hoc committees.

No action was taken.

3. PRESENTATIONS FROM THE FLOOR
Martha Bowden, Los Altos Hills, said the town’s building process fails to protect neighbors from home construction and remodeling. The renovation of a home near her property started 20 years ago and the house has been abandoned.

Dru Anderson, Los Altos Hills, said she lives on the same street as Martha Bowden. She expressed concerns about the unfinished house on Saddle Court that has been under construction 20 years. She asked the Council to form a study and review on why these house projects can go on for decades.

Nick Hughes, Los Altos Hills, said this house has been abandoned for 20 years; or onethird of his life. He expressed concerns about fire occurring in the house due to vandalism.

Michael Grady, Los Altos Hills, expressed concerns about this same house. He would like the town to consider beefing up its enforcement policies.

4. CONSENT CALENDAR
Public Comment

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6 City Council Regular Meeting Minutes
June 16, 2022
There were no public comments.

MOTION MADE AND SECONDED: Councilmember Tankha moved to approve the Consent Calendar. The motion was seconded by Vice Mayor Swan.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
A. Approval of City Council Special Meeting Minutes: May 25, 2022 B. Approval of City Council Special Meeting Minutes: May 26, 2022 C. Review of Disbursements: May 1-31, 2022 $1,702,881.44 D. Motion to Re-Authorize Remote Teleconference Meetings of the Town of Los Altos Hills, Including the Planning Commission and Committees, due to the Imminent Risks to the Health and Safety of Attendees and Making Related Findings Pursuant to AB 361 (Staff: S. Mattas)
E. Adoption of Ordinance 601 (Second Reading) Designating the Westwind Barn as a Historical Landmark (Staff: S. Mangalam) (Motion to Waive Reading and Adopt the Ordinance)
F. Proclamation Accepting the Internet Digital Bill of Rights (Staff: D. Padovan) G. Proclamation Recognizing the 50th Anniversary of the Passage of Title IX of the Education Amendments of 1972 (Staff: D. Padovan)
H. Resolution 60-22 Modifying an Existing Open Space Easement to Accommodate an ADU at 13480 Wildcrest Drive with no reduction in the amount of Easement Area (Staff: S. Padovan)
I. Resolution 61-22 Authorizing the City Manager to Enter into an Agreement with Government Technology Group, LLC for Broadband Consulting Services and Appropriating $95,000 from the Unreserved General Fund for FY 2022-23 (Staff: C.

Einfalt)
J. Resolution 62-22 Approving the Annual 2022-23 Project List to be Submitted to the California Transportation Commission for SB1 Compliance (Staff: O. Antillon) K. Resolution 63-22 to Adopt Supplemental Findings for Resolution No. 48-22 Denying an Appeal of the Planning Commission Imposed Conditions of Approval for a Zoning

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Permit for New Fencing at 28001 Elena Road and Motion Approving Reconsideration (Staff: S Mattas and J. Loh)
L. Approval for City Manager to Attend the 2022 ICMA Conference in Cleveland, Ohio September 18-21, 2022 (Staff: P. Pirnejad)

5. ONGOING BUSINESS
A. Report on Methods and Provide Direction on the Community Facilities Needs Assessment and Community Survey (Staff: S. Robustelli)
Community Services Supervisor Sarah Robustelli presented the staff report.

Ryan Mottau, MIG, Inc., Berkeley, presented the community’s perspectives obtained from the surveys.

Kevin Lyons, Chief Scientist, Governance Sciences Group, provided information and the scientific panel methodology used in FlashVote.

Council discussion ensued.

DIRECTION: Staff and consultants to return with the raw data and recommendations and provide additional information about the Town Hall addition and community space efforts. Informally, the City Council will reach out to their constituents, and staff will continue to do outreach and committee interviews.

Recess: 8:10 p.m.

Reconvene to Open Session: 8:20 p.m.

6. PUBLIC HEARINGS
► City Council Ex Parte Contacts Policy Disclosure
A. Resolution 64-22 of the City Council of the Town of Los Altos Hills Requesting that the Santa Clara County Tax Collector Collect Delinquent Sewer Charges, the 2022- 2023 Sewer Service Charges, and Contractual Assessment District Charges for Both the Palo Alto and Los Altos Sewer Basins (Staff: O. Antillon) Ex Parte Contacts:

Vice Mayor Swan and Councilmember Mok both talked to Allan Epstein on Item

6.A and to Nick Sutardja on Item 6.C.

Councilmember Tankha spoke to Nick Sutardja on Item 6.C.

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No contact disclosures for Councilmember Schmidt or Mayor Tyson.

Public Works Director Oscar Antillon presented the staff report.

Mayor Tyson opened the Public Hearing.

Seeing no one wishing to speak, Mayor Tyson closed the Public Hearing.

MOTION MADE AND SECONDED: Councilmember Schmidt moved to adopt Resolution 64-22 of the City Council of the Town of Los Altos Hills Requesting that the Santa Clara County Tax Collector Collect Delinquent Sewer Charges, the 2022- 2023 Sewer Service Charges, and Contractual Assessment District Charges for Both the Palo Alto and Los Altos Sewer Basins. The motion was seconded by Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
B. Resolution 65-22 Adopting the Proposed FY 2022-23 Operating Budget and FY 2023-27 Five-Year Capital Improvement Plan Budget and Gann Limit for the Town of Los Altos Hills; and Resolution 66-22 Approving the FY 2022-23 Salary Schedule (Staff: S. Revillar)
Administrative Service Director Sarina Revillar presented the staff report.

Council discussion ensued.

Mayor Tyson opened the Public Hearing.

Seeing no one wishing to speak, Mayor Tyson closed the Public Hearing.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to adopt Resolution 65-22 Adopting the Proposed FY 2022-23 Operating Budget and FY 2023-27 Five-Year Capital Improvement Plan Budget and Gann Limit for the Town of Los Altos Hills; and Resolution 66-22 Approving the FY 2022-23 Salary Schedule. The motion was seconded by Councilmember Tankha.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None

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ABSENT: None
C. Appeal of the Planning Commission Imposed Conditions of Approval for a Site Development Permit for Landscape Screening at 12869 La Cresta Drive – File #SD21-0079 (Resolution #TBD) (Staff: S. Mangalam)
Assistant Planner Areli Perez presented the staff report.

Council discussion ensued.

Mayor Tyson opened the Public Hearing.

Matt Francois, Attorney, respectfully asking the Council to grant the appeal to allow for the fence for their pets and growing family. He presented his case and introduced his clients Nick and Heidi Sutardja, who spoke on their behalf.

Birgitta Indaco, Los Altos Hills, said this house was an abandoned site and they restored the land in 2018 and the photos they are showing are a good 10 to 20 feet below the back of the house. You have to step down 10 feet down to get to the dining area. The views from the house are not impeded by this open space easement.

Kit Gordon, Los Altos Hills, said she requested that the Open Space Committee review the design of the fence being proposed. It is unusual to have a fence in the easement.

Carol Gottlieb, Los Altos Hills, commented that the house being constructed has a slope the same configuration that has been required on this. They are not asking for anything different than is being approved on other properties.

Mayor Tyson close the Public Hearing.

Council discussion ensued.

MOTION MADE AND SECONDED: Mayor Tyson moved to grant the appeal and direct staff to accept the compromise solution having to do with the new fence design as well as the location and the no-build covenant and at the same time direct staff to proceed with developing an improved fence ordinance. The motion was seconded by Councilmember Mok.

City Attorney Mattas read revised conditions into the record. The revised conditions included the following additions:

1. Prior to the issuance of a certificate of occupancy for the house, the property owner shall record against the property a 30-foot no-build covenant, in a form acceptable to the City Attorney and that is enforceable in perpetuity by the Town, commencing from the eastern property line parallel to La Cresta Drive. No structures, grading, or fill shall

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be permitted within this no-build covenant area with the exception of a portion of the driveway, underground and above-ground utilities and a mailbox, which as applicable, are shown in the Project Plans. Only native vegetation may be planted within the nobuild covenant area; however, no irrigation or sprinkler systems are permitted in the no-build covenant area. Prior to recording the covenant against the property, the property owner shall prepare and provide the draft covenant, legal description and plat exhibits as prepared by a licensed land surveyor for review and approval by the Planning Director.

2. Fencing location as shown on the plans dated July 19, 2022 is approved with final design. The applicant shall submit a revised site plan showing the fencing located outside the slope easement and the no-build covenant area. The revised site plan shall be subject to approval by the Planning Director.

3. The proposed fence shall provide openings sufficient to accommodate the free passage of wildlife through the no-build covenant area.

MOTION AND SECOND AMENDED: Mayor Tyson amended his motion to include the revised conditions. Councilmember Mok amended his second.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

7. STAFF REPORTS
Item 7.B was heard first:

B. City Attorney
City Attorney Mattas announced that there was no reportable action as a result of the Closed Session at 5:30 p.m. on June 16, 2022.

He reported that on April 21, 2022, the City Council by a 5-0 vote approved a settlement agreement with Roberto Martinez Sandoval.

The Council received correspondence on regulation of firearms. For the record, the Council did adopt a firearm safety storage ordinance in 2021.

C. City Clerk
City Clerk Padovan reported that the Notice of Election will be in the July 6th Town Crier and the nomination period to run for Council begins on July 18 and runs through August 12.

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D. Planning Director
Planning Director Mangalam reported that there will be a June 20, 2022, Special Joint City Council/Planning Commission meeting to discuss the Housing Element.

She invited the community to attend and provide input.

E. Administrative Services Director
Administrative Services Director Revillar reported that they have two great candidates for accounting technician who are moving forward to the second round of interviews. Interns have started. She provided an update regarding the IT strategic plan and that the consultant will be reporting to the City Council at a future meeting.

F. Public Works Director
Public Works Director Antillon said our maintenance crew has done a good job with the Robleda/La Paloma path. It will be done soon.

Regarding Summerhill, they have great proposals to complete the path and that should be coming to the City Council for approval soon.

The E. Sunset widening project is moving along.

A. City Manager
City Manager Pirnejad reported the following items:
o A vegetation fire on Elena Road on Sunday, June 12, 2022. The Cause/Origin: Accidental
o Reminder to be vigilant with water savings due to the current drought. o Hazard Mitigation Grant Program
o Neighborhood Watch Program
o Art Sculpture at Town Hall
o Engaging with KMVT to investigate the possibility of broadcasting City Council meetings and Planning Commission meetings over the television network. o Emergency Operations. In the past couple of weeks, staff has been holding meeting with the town’s new consultant Emergency Manager to discuss how to best prepare the town for the upcoming fire season, as well as any other emergency response situations that would need the involvement of staff and the community.
o Victoria Dye Equestrian Contract Renegotiation as the contract expires April 1, 2023. Staff met with VDE to review and discuss next steps in contract negotiation.
o Town Picnic Metrics
o 4th of July Parade
o TEDx is scheduled for January 2023.

8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND

COUNCILMEMBERS ON OUTSIDE AGENCIES

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A. Report by the Undergrounding Subcommittee (Mayor Tyson) Mayor Tyson reported that PG&E said the service book has been received and they are about to identify a project manager.

No action was taken.

B. Report from the Council Ad Hoc Committee on Community Surveys (Mayor Tyson/Councilmember Schmidt)
Councilmember Schmidt emphasized that they are doing work to get information from people, but we need to bring that to a close in September. We need to move forward and decide what we want to do to keep this process moving along.

No action was taken.

C. Report from the Council Town Hall Ad Hoc Committee (Mayor Tyson/Councilmember Schmidt)
Councilmember Schmidt said that the committee is receiving community input.

No action was taken.

D. Report from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha)
Councilmember Mok reported that we want to correct the issue with towers in town. Based on the Ad Hoc Broadband Committee discussion, Council would like staff to study and suggest possible text amendments to the “Wireless Telecommunications Facilities” ordinance to include provisions for internet-only providers.

City Manager Pirnejad said that it may take a bit longer, but staff will work with the ad hoc committee. This item will be added to agenda later in the year.

No action was taken.

E. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
Councilmember Mok talked about the leaf blower ordinance and requested that it be agendized for the August City Council Meeting. He would like to have the City Manager provide some testimony from town staff on how it would impact their ability to perform landscape maintenance. The “anti-leaf blower” side should also be allowed to present.

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Additionally, there is concern that we may have more natural gas leakage and we may want to hire someone to review. He would like to see a presentation regarding that.

The Our Town newsletter is currently produced four times a year. He suggested that we form an ad hoc committee to weigh the value of the newsletter and make recommendations to the council on the cost, value, and benefit to the town. Will come back to the Council by November. He suggested that an ad hoc committee be made up of Councilmembers Schmidt and Mok.

MOTION MADE AND SECONDED: Councilmember Schmidt moved that an ad hoc committee consisting of herself and Councilmember Mok be created to review the newsletter and make recommendations to the town. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None
Mayor Tyson reported on the activities on Silicon Valley Clean Energy, Community Health Awareness Council (CHAC), the Finance and Investment Committee. He further stated that the Los Altos Hills County Fire District (LAHCFD) just passed a budget, and they will be funding station 8.

MOTION MADE AND SECONDED: Vice Mayor Swan moved to extend the meeting past 10:00 p.m. The motion was seconded by Councilmember Mok.

MOTION PASSED 5-0:

AYES: Tyson, Swan, Mok, Schmidt, Tankha
NOES: None
ABSTAIN: None
RECUSE: None
ABSENT: None

9. COUNCIL INITIATED ITEMS
A. Request and Possible Action to Direct Staff Pursue a California State Landmark Designation for Westwind Community Barn (Vice Mayor Swan) Vice Mayor Swan presented her request.

Director Mangalam provided information on the process of the historic registration.

There was Council consensus to add this item to the 2023 priority setting session.

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June 16, 2022

10. ADJOURN
The meeting adjourned at 10:23 p.m.

Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
The minutes of the June 16, 2022, regular City Council meeting were approved as presented at the August 18, 2022, regular City Council meeting.

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2 with electric equivalents by 1/1/2024. This is an unnecessary distraction. While leaf blowers are a source of greenhouse gas emissions, there are much larger sources of emissions that our town should go after right away, including the town hall HVAC and water heaters.

It is already the case that the EIC was told that priorities had to be rejigged for the year because of staff time spent on investigating electric garden equipment (something no one asked for), I fear that even more time spent on this issue would merely be a waste. This time may be better spent on other items that will deliver a much higher bang for the buck in terms of greenhouse gas reductions.

The fact of the matter is that if we just replace the garden equipment as and when they fail with appropriate electric equipment, we will achieve the same end goal. There is no need to accelerate that process and take up valuable staff time to get there in the next 12 months or so.

To summarize: Noise ordinance: yes, Replace all gas‐powered town‐owned garden equipment by 2024: No.

Thank you for your time
Anand Ranganathan

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We have been working on this ordinance for over a year now. We are getting very close and the final wording looks great with the exception that the hours of operation have been extended over the original proposed leaf blower ordinance (that was approved by both the EIC and City Council).. It appears they have been extended to be consistent with construction hours. I believe, as do most of the cities surrounding Los Altos Hills, that construction noise is a completely different animal than leaf blower noise.

Construction noise is relatively rare and is a temporary inconvenience that will go away when the project is complete. Leaf blower noise will be there on a regular schedule for years to come. Perhaps we can understand extending the hours to 8:00 to 5:30 on weekdays, but do you really want to be having coffee on your patio on a Saturday morning listening to a leaf blower at 8:00? I will also point out, even the construction hours for Saturday do not allow heavy equipment. A leaf blower is just as intrusive as a piece of heavy equipment. I believe that leaf blowers should be limited to 9:00 to 5:00 on Saturdays per the original proposed ordinance.

For reference: The original leaf blower ordinance hours that were approved by the EIC and City Council are: 8:30 to 5:30 on weekdays, 9:00 to 5:00 on Saturdays, and not allowed on Sundays and Holidays. Construction hours are 8:00 to 5:30 Monday through Saturday, and not allowed on Sundays and Holidays.

Thank You, Cris Schiebold

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From:

To: City Council
Subject: Fwd: Leaf Blower Ordinance Introduction, New Business, Item C Date: Thursday, November 17, 2022 3:38:24 PM
Attachments: image002.png
image003.png
image004.png
---------- Forwarded message ---------
From: Cris Schiebold < >
Date: Thu, Nov 17, 2022 at 3:09 PM
Subject: Re: Leaf Blower Ordinance Introduction, New Business, Item C To: Peter Pirnejad <[email protected]>
Cc: Deborah Padovan <[email protected]>, Brad Donohue , Sofia Mangalam <[email protected]>, Steve Mattas - Transachonal Practice Group meyers nave A professional law corporation Peter:

I am disappointed that we are dealing with this issue at the final hour. I contacted you six days ago to touch base and you made no mention of changing the leaf blower hours from the approved proposed ordinance.

Responding to your points:

Noise is measured on a dB scale. It is not linear. 65 dB is 3 times louder than 60 dB. The noise measurement for leaf blowers is made at 50 feet per the ANSI standard. At twenty five feet, the noise level would be roughly four times louder or 71 dB. So this means you could be listening to a very loud "conversation" for the hour or so a gardening service is next door.

There are gas powered 65 dB compliant leaf blowers that have the same power as a commercial grade leaf blower.

It is only the electric leaf blowers that, at present, lack blowing capacity.

Regards, Cris Schiebold
On Thu, Nov 17, 2022 at 1:40 PM Peter Pirnejad <[email protected]> wrote:

Hello Chris.

Thank you for your comments. They will be included in the public record as will this response.

A Few thoughts that I would share regarding your comments about reducing the hours of operations:

Supplemental No. 5
AGENDA ITEM #5.C
Distributed 11/17/22
Cris Schiebold

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1. Ultimatly this is a council decision, and we will defer to them. However, there are some things to consider.

2. The hours of operations from 8-5:30 align with our construction hours for consistency, ease of enforceability and public messaging.

3. Keep in mind that the proposed noise limit for leaf blowers is 65dB. Normal conversation is 60dB. This is substantially quieter than the blowers typically used in landscaping applications today.

4. One last point is with approval of the proposed new ordinance it will take longer to get the same amount of work done with the 65dB compliant leaf blowers versus the louder counterpart.

Peter Pirnejad
City Manager
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022
P: 650-947-2514 | F: 650-941-3160
E: [email protected]
Stay Informed.

Sign-up to take Town Surveys!
From: Cris Schiebold
Sent: Thursday, November 17, 2022 12:42 PM
To: City Council <[email protected]>
Subject: Leaf Blower Ordinance Introduction, New Business, Item C Regarding the Leaf Blower Ordinance Introduction, New Business, Item C We have been working on this ordinance for over a year now. We are getting very close and

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the final wording looks great with the exception that the hours of operation have been extended over the original proposed leaf blower ordinance (that was approved by both the EIC and City Council).. It appears they have been extended to be consistent with construction hours. I believe, as do most of the cities surrounding Los Altos Hills, that construction noise is a completely different animal than leaf blower noise.

Thank You, Cris Schiebold

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THE TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: CONSIDERATION OF ISSUES RELATING TO THE GREEN SHEETS AND

POTENTIAL DIRECTION TO STAFF
FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:

It is recommended that the Council receive a report regarding the possibility of converting provisions of Town incorporation documents (also known as the “Green Sheets”) into a potential initiative measure for General Plan/zoning regulation amendments, and consider the following options:

1. Carry this item over to its Goal Setting session in January to hold further discussion about the information presented herein; or

2. Potentially provide direction to staff regarding the information presented herein, such as to pursue a limited General Plan Amendment after the Housing Element Update process is complete, or to move forward with an initiative measure, in order to consider which Green Sheets elements may be incorporated to the extent feasible.

BACKGROUND
The Town of Los Altos Hills (“Town”) was incorporated in 1956 based on local residents’ desire to preserve the rural atmosphere of the foothills and other related community interests. The reasons for incorporation were compiled in a set of documents commonly referred to as the “Green Sheets”, as they were originally printed on light green paper. Among other information, the Green Sheets set forth the arguments in favor of incorporation and the blueprint of the type of community that supporters sought to achieve.

Specifically, the Green Sheets include the following statements describing the type of community desired by residents who advocated for incorporation:
• “We want the sun and air and quiet of community which has given itself enough space to breath in; the relaxed pace of country life and rural pursuits, and the space and right to keep animals—rabbits, chickens, dogs, sheep, cattle, horses.” • “We want roads that are content to remain county lanes as long as they are suitable for the residence traffic of our area – we do not want to be forced to rebuild them into high speed highways to suit non-residential traffic of resorts and quarries.” AGENDA ITEM #5.D
P.P.

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City Council Staff Report Page 2
November 17, 2022
• “Most of us in the foothills want at least one acre of land, regardless of what real estate experts and national surveys tell us about weed patches, costs, taxes and work. We want room to walk around our houses without knocking our heads on our neighbors’ eaves.

We want to listen to the radio when we turn it on, not when our neighbors do. We would rather look over our neighbors’ paddocks, and even over their week patches, than into their windows.”
• “We do not want high speed road, still more traffic, still more quarrying and trucks, more or bigger resorts, dense subdivisions with standardized house plans and expensive sewer requirements. We do not want more industry and commerce to ‘broaden the tax base’ and all the city controls and facilities required to cope with them. We do not want a full scale police force, a full time council, a city manager. If someday, some of us think we need markets, gas stations, public buildings, a community center, the rest of us want the right to approve or reject them by actual vote of the majority. We do not want such things imposed upon us by anyone – not by the County Government nor by a city next door.”
(Green Sheets page 4, “What kind of community do we want?”).

The Green Sheets also included additional information related to incorporation, such as the anticipated governmental structure, an estimated budget showing anticipated revenue and expenditure, and the incorporation procedure that would need to be followed such as circulating a petition, presenting the proposal for a boundary hearing by the County, and holding an election on the proposal. A copy of the Green Sheets is included as Attachment 1 to this report.

DISCUSSION
Councilmembers have asked whether guiding principles set forth in the Green Sheets could be made a part of the Town’s General Plan or Zoning Code through placing an initiative measure on the ballot by the City Council. In reviewing the Green Sheets, it appears that some items listed therein are already incorporated in the Town’s current General Plan and/or zoning regulations.

Whether other items may be codified via an initiative measure would depend on applicable state law and court cases. This informational report provides an overview of the applicable legal principles and the considerations relating to moving forward with such a potential initiative.

I. Background and Relevant Legal Principles
A. Either the voters or the City Council may place an initiative measure on the ballot to enact or amend general plan or zoning regulations.

California law permits municipalities to adopt or amend their general plans and/or zoning ordinances through the initiative process. An initiative measure proposing such an amendment may be submitted to the City Council for placement on the ballot by members of the public via gathering a certain number of signatures and filing a petition. Alternatively, such measure may be placed on the ballot by formal action of the Council on its own volition. 1 1 Elections Code §§9201, 9222.

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Under the Elections Code, a voter-initiated petition for an initiative measure must gather the signatures of at least 10 percent of the Town's registered voters in order to qualify for the ballot.2 If the petition qualifies, the City Council may either adopt the amendments proposed by the initiative, or may place the measure on the ballot for the voters. It should be noted that if the voter-initiated petition is procedurally compliant with state law, the Council would have a ministerial duty to place the measure on the ballot if it declines to simply adopt the proposed amendments.3 On the other hand, the City Council may directly place an initiative on the ballot without collecting signatures and circulating a petition. The City Council may do so by adopting a resolution or ordinance.4
B. Initiative measures and general plan/zoning regulations must comply with certain legal requirements.

Under the California Constitution, cities have the “police power” to enact land use and zoning laws to protect public health, safety and welfare.5 Case law and statutes do, however, place certain restrictions on the manner in which initiatives may be prepared and in which zoning regulations may be adopted. As applicable here and listed below, an initiative measure and/or zoning regulations adopted pursuant to such measure must:
• Bear a “substantial relation” to the public health, safety, morals, or general welfare, and be consistent with state and federal law.
6 This principle essentially requires local
land use and zoning laws to have a reasonable, legitimate public purpose. As noted further below, such local regulations also cannot be arbitrary or discriminatory.

Additionally, land use and zoning regulations must also be consistent with state and federal laws. For instance, a city cannot create conflicting local ordinances in an area where the state is already expressly or implicitly regulating.

Some relevant examples of controlling state law in land use and zoning areas are listed below. Local initiatives establish zoning laws and other municipal land use regulations must comply with these state mandates.
 Housing Element Law (Gov. Code section 65580 et seq.)  Housing Accountability Act (Gov. Code section 65589.5)  Density Bonus Law (Gov. Code section 65915)
 Housing Crisis Act of 2019 (Gov. Code sections 65905, 66300 et seq.)  Other housing streamlining approval legislations- these laws include the Accessory Dwelling Unit statutes, Senate Bill 9, and Senate Bill 35. • Not direct the City Council to perform an action. An initiative measure may be used to enact ordinances or regulations, but not merely to declare policies without providing the specific laws to be enacted. To illustrate, an initiative cannot direct the city council 2 Elections Code §9215.
3 Id.; Native Am. Sacred Site & Envt'l Protection Ass'n v. City of San Juan Capistrano (2004) 120 Cal.App.4th 961. The Council does also have certain judicial remedies if it believes that the initiative contradicts or is not compliant with state law. 4 Elections Code §9222.
5 Cal. Const. art XI, §7.
6 Lingle v. Chevron U.S.A. Inc. (2005) 544 U.S. 528, 542; Arnel Dev. Co. v. City of Costa Mesa (1981) 126 Cal.App.3d 330, 337.

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City Council Staff Report Page 4
November 17, 2022
to revise the general plan or other zoning regulations based on “concepts” expressed in the measure.7
• Not arbitrary and discriminatory. An initiative or regulation that is arbitrary, unreasonable or discriminatory is not considered a valid exercise of the Town’s police power. For example, an initiative zoning ordinance that rezoned a particular parcel to limit the property’s use to single-family in order to prevent development of a specific project was invalidated by the court because it constituted arbitrary and discriminatory rezoning action.
8 • Be sufficiently certain and not vague. An initiative cannot be so vague in its requirements that it is practically uncertain or unworkable to implement.9 The regulation cannot be so vague that individuals reviewing the text have to guess at its meaning.
• Be consistent with the General Plan (if adopting zoning regulations). California law requires cities to adopt a general plan; once adopted, zoning ordinance and regulations must be consistent with the plan’s objectives, policies, land uses and programs.10 If the initiative measure proposes zoning regulations (instead of a general plan amendment), such proposed regulation must be consistent with the requirements of the general plan.11
C. A Council-initiated ballot measure must also comply with California Environmental Quality Act (CEQA) requirements.

When discussing an initiative measure for placement on the ballot, it is important for the Council to consider potential environmental analysis that may be required. An initiative measure submitted by the voters based on properly collected petition signatures is not considered a “project” requiring analysis under CEQA.12 In contrast, an initiative measure initiated by the City Council must comply with CEQA requirements.13 In such case, the Town would be required to evaluate whether the proposed regulations may have a significant effect on the environment. The environmental analysis process would be similar to other planning and development projects occurring within the Town. For instance, pursuant to such evaluation, the Town would also need to consider whether an exemption under CEQA applies, or whether an Environmental Impact Report (EIR) or some other environmental analysis document must be prepared.14 II. Considerations for Converting the Green Sheets Into a Potential Initiative Measure 7 Widders v. Furchtenicht (2008) 167 Cap.App.4th 769, 784; Marblehead v. City of San Clemente (1991) 226 Cal.App.3d 1504. 8 Arnel Dev. Co., supra, 126 Cal.App.3d at 337. 9 Citizens for Jobs & the Econ. v. County of Orange (2002) 94 Cal.App.4th 1311, 1334. 10 Gov. Code section 65860. 11 Citizens for Jobs & the Econ. v. County of Orange, supra at 1334. 12 DeVita, 9 C4th at 794; 14 Cal Code Regs §15378(b)(3). See also Tuolumne Jobs & Small Bus. Alliance v Superior Court (2014) 59 C4th 1029, 1043 (CEQA review not required when city directly adopts voter-initiated initiative measure). 13 Friends of Sierra Madre v. City of Sierra Madre (2001) 25 C4th 165, 191. 14 CEQA Guidelines Sections 15160, 15061, 15163.

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November 17, 2022
Applying the foregoing principles here, there are certain points in the Green Sheets that may be presented as an initiative measure and adopted as a part of the Town’s general plan and/or zoning regulations via voter approval. On the other hand, state law likely imposes limitations on the Council’s ability to convert other portions of the Green Sheets as an initiative.

The Green Sheets describe certain characteristics for the Town as desired by the incorporation advocates, which are summarized as follows:
(1) A wide and not over-populated community of homes in the country, with only planning, controls, ordinances and services that are absolutely essential. (2) Sun, air, and quiet of a community; relaxed pace of country life and rural pursuits; and the space and right to keep animals.
(3) At least one acre of land; and essentially, sufficient spaces between homes with no encroachments and looking into other neighbors’ windows. (4) No high speed roads, increased traffic, additional quarrying, trucks and resorts, and dense subdivision with standardized housing plans and expensive sewer requirements.
(5) No additional industry and commerce uses to “broaden the tax base” and associated city controls and facilities that may be necessary due to those developments. (6) No full scale police force, full time council or city manager. Residents want the right to approve or reject facilities like markets, gas stations, public buildings and community centers by a vote of the majority.

A. Green Sheet Items already incorporated / or may be proposed as a part of an initiative measure.

Some of the above items have either been incorporated into the current Town General Plan or Zoning Code, or are no longer applicable because of the way in which the Town has been operating. For instance, the first half of Item #6 regarding city council and city manager is no longer applicable. For issues relating to keeping animals under Item #1, the Los Altos Hills Zoning Code sections 10-1.702(e) and (k) also already permit “2 two-hoofed animals per acre and one additional hoofed animal per one-half acre”, and allow household pets and domestic animals, subject to applicable public health standards and related regulations.

As another example, Town’s General Plan Land Use Element paragraphs 101-103 account for Items #1 and 2, where Item #1 is also quoted in the Land Use Element. Likewise, both the General Plan and Zoning Code requires parcels in the Town to be at least one acre as set forth in Item #3. To illustrate, General Plan Land Use Element Goal No. 2 would serve to “Ensure that all development occurs in a manner that minimizes disturbance of natural terrain, vegetation and wildlife, and maximizes the preservation of natural resources and open space.” Policy 2.3 specifically states that “minimum parcel size shall be at least one acre and shall increase as the steepness of the land increases.” The Town’s Zoning and Subdivision Ordinances both require newly created parcels to have a net area of one acre, and also utilize the Lot Unit Factor formula

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City Council Staff Report Page 6
November 17, 2022
to account for slope factors in calculating permitted subdivision and development areas.15 Thus, the general concepts and specific requirements under Items #1-3 appear to already be a part of the Town’s current General Plan and zoning regulations.

Under Items #4, 5, and the second part of Item #6, the concepts to reject additional high speed roads, resorts, and other industry and commercial uses and facilities, and conditioning additional services facilities to voter approval, can likely be the subject of an initiative measure.

The Town’s Zoning Code and Land Use Diagram under the General Plan limit commercial and industrial development through identifying the entire area of Los Altos Hills primarily as residential, open space, or recreation, and with a small amount of institutional areas that contain a minimal number of schools, fire station or religious facilities. The current General Plan Land Use Element identifies the lack of commercial/industrial uses and the minimal institutions in Town, but does not otherwise contain a specific directive to reject such uses. As such, specific regulations regarding limitations on commercial and industrial uses, and the preservation of open space uses, may be proposed as an initiative. If the voters adopt the initiative, these regulations would become codified as a part of the Town’s General Plan and/or zoning regulations.

B. Green Sheet Items that are unlikely to be codified due to limitations under State Housing Laws.

On the other hand, the ability to prepare an initiative to limit subdivisions or housing development is likely significantly restricted by state law. The Town currently sets the minimum lot size requirement to one acre, and also imposes other requirements (such as the Lot Unit Factor standard and setbacks) to limit developable area and maintain the rural characters of the community. We note that this one-acre lot size requirement was previously upheld by a federal court in 1973 when that requirement was challenged by certain applicants as unconstitutional and prevented them from developing multi-family dwelling projects pursuant to a federal statute that provided assistance for such projects.16 The court held that the one-acre requirement was not arbitrary, but rather a reasonably calculated measure to achieve a legitimate Town purpose which includes preservation of the rural residential character of the community as stated in its general plan.17 However, notwithstanding such prior case law, current developments in California housing laws are likely to prevent the Town from enacting further requirements, such as the points raised under Items #1-4 above, to limit additional housing development.

In particular, recent changes to the General Plan and Housing Element laws require municipalities to identify an inventory of land suitable and available to residential development; to analyze governmental constraints (i.e. local ordinances) that directly impact the cost and supply of residential development; and to provide an annual housing units production report.18 Additionally, cities may not downzone sites or approve housing projects at a lower density unless there is no “net loss” of residential capacity as identified in their Housing Elements. 19 This means,
for example, that a city would have to find there are adequate sites to accommodate its RHNA share by income category or identify new sites that would achieve this purpose, before it can 15 Los Altos Hills Municipal Code sections 9-1.604, 10-1.501. 16 Ybarra v. Town of Los Altos Hills (1973) 370 F. Supp. 742. 17 Id. at 751. 18 Gov. Code sections 65583.2, 65583(a), 65400(b). 19 Gov. Code section 655863.

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City Council Staff Report Page 7
November 17, 2022
downzone a parcel or reduce a project’s residential density.20 These requirements are likely to limit the Town’s ability to introduce regulations that further limit residential capacity.

More significantly, the recently adopted Housing Crisis Act of 2019 (also known as Senate Bill 330 which has been extended by SB 8 this year)(“SB 330”) and housing streamlining bills also both constrain the Town’s ability to adopt regulations limiting development or residential growth. At the outset, SB 330 prohibits “affected cities”—which covers most of California urban areas including Los Altos Hills—from enacting new policies or enforce existing policies that would either: (1) change land use or zoning designations to a less intensive use (i.e. reduce density, increasing setback, imposing maximum lot coverage) than what was allowed on January 1, 2018; (2) impose moratorium on housing development; (3) enforce newly adopted subjective design standards; and (4) adopt growth control ordinances or measures that limit the number of housing permits that may be issued, that places a cap on the number of housing that may be approved, and that limits the city’s population.21 It is important to note that the statute does not distinguish between Council-adopted or voter-approved requirements, except that a voter-approved growth control or similar measure may continue to be enforced provided that it complies with the foregoing SB 330 requirements.22 In addition to SB 330, housing streamlining legislation such as the Housing Accountability Act, SB 9 and SB 35, would also require the Town to approve qualifying residential developments, subdivisions, and/or affordable housing projects.

Based on the foregoing, these statutory restrictions would likely prevent the Town and the electorate from proposing a growth-reducing General Plan or zoning amendments that, for instance, limit the number of housing units that could be developed on a parcel as noted in Green Sheets Items #1 and 4. Additionally, as discussed in the previous section of this report, an initiative measure that proposes to limit development, service facilities or other features noted in the Green Sheets must also not be arbitrary and discriminatory. There must also be a factual basis to support that the initiative is reasonably related to a legitimate governmental purpose that protects the general public health, safety, or welfare. Consequently, it may be challenging for an initiative to meet these requirements if it proposes to adopt regulations contrary to state housing laws which specifically have been implemented to address the housing crisis and needs in California. These are considerations for the Council to keep in mind as it discusses a potential initiative measure regarding the Green Sheets.

Next steps
It is recommended that the City Council receive this informational report. One option for the Council is to carry this item over to its Goal Setting session in January and have further discussion about the information presented herein. Alternatively, the Council can potentially provide direction to staff regarding whether it desires to move forward with an initiative, or whether a limited General Plan Amendment should be pursued after the conclusion of the Housing Element Update and environmental review process, and which General Plan or zoning amendments would be included to the extent feasible.
20 Id. 21 Gov. Code section 66300. 22 Gov. Code section 66300(g).

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November 17, 2022
In the event that the City Council ultimately gives direction to move forward with an initiative, the City Attorney’s Office will prepare the draft regulations to be presented as an initiative and advise the Council regarding the subsequent procedural steps to placing a measure on the ballot.
2022 CITY COUNCIL STRATEGIC PRIORITIES:

This action was identified in the 2022 City Council Strategic Priorities to obtain a legal opinion on ballot initiative and green sheets.

ENVIRONMENTAL REVIEW
This agenda item before the City Council is not subject to environmental review under CEQA as it is for informational purposes only and does not propose any projects. Thus, there is no possibility that the current agenda item may have a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3).

ATTACHMENTS

1. Copy of Green Sheets
5235460.2

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Attachment 1

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2 In the context of these external pressures, it is the appropriate time to rediscover and reexamine the part of the town’s past that has defined it and guided it thus far: the Green Sheets. Like nature, the town’s unique character is fragile and if it is not protected, it will be lost forever. Therefore, it is time to codify the Green Sheets to ensure that current and future generations will be able to enjoy the same beautiful peaceful, rural quality of life that Los Altos Hills has consistently offered its residents for almost a century. And the answer, once again, is in the Green Sheets:
“The only way to be sure of our future is to take hold of it and plan it ourselves... We do not want such things imposed upon us by anyone — not by the County Government nor by a city next door.” So that future stewards of the town would not forget the significance of the external forces that formed the town, the founders etched the following words on a plaque that has always been affixed to a wall in Town Hall: “May these gifts of the past [the donation of the land for Town Hall] serve as remembrances of the original town and the reasons for which it was incorporated.”
Let us return to Stegner’s Wilderness Letter. In its conclusion, Stegner argues that nature — one of the most beloved hallmarks of Los Altos Hills — is the most promising antidote to geographic exploitation and the dangers of a technological society: “These are some of the things wilderness can do for us. That is the reason we need to put into effect, for its preservation, some other principle than the principles of exploitation or ‘usefulness’ or even recreation. We simply need that wild country available to us... For it can be a means of reassuring ourselves of our sanity as creatures, a part of the geography of hope.”
Alexander Atkins

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1 Deborah Padovan
Subject: FW: Green Sheets City Council Item 5 D
Link to June 2022 Our Town: http://losaltoshills.ca.gov/ArchiveCenter/ViewFile/Item/1715 ‐‐‐‐‐Original Message‐‐‐‐‐
From: Linda Swan <[email protected]>
Sent: Wednesday, November 16, 2022 6:28 AM
To: Deborah Padovan <[email protected]>
Subject: Green Sheets City Council Item 5 D
Deborah,
Please add Alex Atkins letter and the first 8 pages of the June 2022 Our Town Issue to the City Council packet for November 17, 2022.

Thank you,
Linda
Supplemental No. 2
AGENDA ITEM #5.C
Distributed 11/16/22

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TOWN OF LOS ALTOS HILLS November 17, 2022
Staff Report to the City Council
SUBJECT: WAIVE READING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS 1.2 (RESIDENTIAL CODE) AND 1.8 (FIRE CODE) OF TITLE 8 (BUILDING REGULATIONS) OF THE LOS ALTOS HILLS MUNICIPAL CODE AND ADOPTING BY REFERENCE AMENDMENTS TO THE 2022

CALIFORNIA BUILDING STANDARDS CODE AND LOCAL CODE
AMENDMENTS; CEQA REVIEW: CATEGORICAL EXEMPTION PER
SECTION 15061(B)(3)
FROM: Sofia Mangalam, Planning Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Waive reading and introduce the Ordinance (Attachment 1):

1. To amend Chapters 1.2 and 1.8 of Title 8 of the Los Altos Hills Municipal Code; and

2. Adopt by reference the amendments to the California Building Standards Code with local modifications including Santa Clara County Fire District (SCCFD) and staff recommended amendments to the Fire Code.

BACKGROUND
Every three (3) years, the California Building Standards Commission adopts updates to the building construction codes as part of Title 24 of the California Code of Regulations. The latest California Building Standards Code edition (referred to as the 2022 CBC) becomes effective statewide on January 1, 2023. Local jurisdictions have the option of adopting more stringent amendments to the code based upon local climatic, topographic or geologic conditions. On October 20, 2022, the Town introduced two (2) ordinances for adopting Reach Codes and amending Chapters 1 through 1.11 to adopt by reference the 2022 California Building Standards Code.

Fire protection and fire code enforcement services are provided to the Town through the Los Altos Hills County Fire District by the Santa Clara County Central Fire Protection District (Santa Clara County Fire Department) per a Fire and Emergency Medical Services agreement between Los Altos Hills County Fire District (LAHCFD), the agency having responsibility for services, and the Santa Clara County Central Fire Protection District (SCCCFD).

SCCFD prepared a larger list of recommended Fire Code amendments that address site access, fire sprinklers, accessory dwelling units, and battery storage and provided them to Town staff.

AGENDA ITEM #5.E
Posted 11/16/22
S.M.

P.P.

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Staff Report to the City Council
Residential and Fire Code Amendments
November 17, 2022

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In order to understand the proposed amendments by SCCFD, staff engaged the services of Shane Lauderdale of PyroAnalysis, a fire code consulting group with over 30 years of fire and fire code experience in Northern California and the Bay Area. The Town in consultation with PyroAnalysis met with SCCFD on three (3) separate occasions, including, October 21, November 2 and November 15, to discuss options for further amendments to the proposed fire code to facilitate development of accessory dwelling units (ADUs) that could include junior accessory dwelling units (JADUs), as well as promoting fire life safety to residents and our first responders in the event of a fire.

The Town is working on updating its Housing Element to meet Regional Housing Allocation Needs (RHNA) allocated by the State, and ADUs are a major component of meeting the Town’s allocation. Town staff expressed concerns to SCCFD regarding requirements of Section 503, including fire apparatus access requirements, as it greatly affects the production of ADUs to existing homes. After extensive discussion, SCCFD and Town staff agreed on additions of two (2) exceptions pertaining to fire apparatus access requirements for ADUs.

DISCUSSION
Every three (3) years, to facilitate the adoption of Fire Code, SCCFD prepares amendments and provides to the Town for adoption. SCCFD has made the following recommendations (revisions/edits) regarding adoptions and amendments of the Fire Code, as are included in the Ordinance, including but not limited to the following:

Residential Sprinkler Code Amendments
An automatic sprinkler system shall be installed for existing one and two-family dwellings that have additions that increase the total size of the dwelling to more than 3,600 square feet.

Fire Apparatus Access Road
• Adds an exception to the dimension requirement for fire apparatus access roads to have an unobstructed width of not less than 20 feet for engines, and 26 feet (7925 mm) for aerial fire apparatus and unobstructed vertical clearance of minimum of 13 feet 6 inches for every facility, building or portion of a building with an exception that when there are not more than two residential parcels, the width may be modified by fire code official. • Removes the exception that provided the fire code official the authority to require modifications to the access width and vertical clearance requirements to meet safety objectives of the jurisdiction.
• The minimum required turning radius is 30 feet inside and 50 feet outside. • Requires a maximum grade of 15 percent.
• Fire code official can require installation of gates, across trails, accessways etc. For singlefamily homes, the minimum width of the gate is 12 feet. • Security gates across a fire apparatus access road requires approval from fire code official.

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Staff Report to the City Council
Residential and Fire Code Amendments
November 17, 2022

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Exceptions to 20-foot-wide Fire Apparatus Road requirements:
• When there are not more than two residential parcels, having only Group R, Division 3, or Group U occupancy structures, the access road width may be modified by the fire code official.
• Detached ADUs equipped with an approved fire sprinkler system, may have an unobstructed access road width of not less than 16 feet. Access roads less than 16 feet shall go through an application for Alternate materials, design and method of construction and equipment through SCCFD.
• Attached ADUs when both the existing residential and ADU are equipped with an approved fire sprinkler system, may have an unobstructed access road width of not less than 16 feet. Access roads less than 16 feet shall go through an application for Alternate materials, design and method of construction and equipment through SCCFD.

Address Identification Requirements
• Numbers shall not be spelled out.
• Each character shall be not less than 6 inches amongst other requirements.

Added and Amended Provisions
• Chapter 6 of 2022 California Fire Code – Building Service and Systems • Chapter 7 of 2022 California Fire Code – Fire and Smoke Protection Features • Chapter 9 of 2021 International Fire Code – Fire Protection Systems • Chapter 12 – Energy Systems (ESS)
o ESS can only be installed in detached garages and accessory structures; attached garages separate from the main house; exterior walls not less than 3 feet away from doors and windows; enclosed utility closets, basements, storage or utility spaces. o If installed in rooms with dwelling units, attached garages, basements – shall be protected by smoke alarm and heat alarm.
• Chapter 33 – Fire Safety during construction and demolition o All construction sites shall be accessible by fire department apparatus of not less than 20ft. of unobstructed width, unless an exception applies related to Section 503 regarding width requirements. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds. Temporary access roadways may be utilized until such time that the permanent roadways are installed. • Chapter 50 of 2021 International Fire Code
• Chapter 54 of the 2022 California Fire Code – Corrosive Materials • Chapter 58 of the 2022 California Fire Code – Flammable Gases and Flammable Cryogenic Fluids
• Chapter 60 of the 2022 California Fire Code - Highly Toxic and Toxic Materials • Chapter 64 of the 2022 California Fire Code - Pyrophoric Materials • Chapter 80 Reference Standard

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Staff Report to the City Council
Residential and Fire Code Amendments
November 17, 2022

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• Appendix B - Fire-Flow Requirements for Buildings
• Appendix C - Fire Hydrant Locations and Distribution
• Appendix D - Fire Apparatus Access Roads

CONCLUSION
The 2022 Residential and Fire Code amendments proposed by SCCFD, with a few added exceptions for ADUs as it relates to access roadway requirements, are designed to improve the safety of building occupants, reduce property damage and improve the Town’s overall preparedness and resilience in the event of a wildfire. Staff has prepared findings that the local amendments are necessary due to local climatic, topographic, or geologic conditions and these findings are included in the draft ordinance (Attachment 1).

FISCAL IMPACT
There are sufficient funds in the FY2022-23 Operating Budget to cover the contract with Pyroanalysis, staff and City Attorney's time and no additional funds need to be appropriated.

ATTACHMENTS

1. Draft Ordinance of Amendments to the Municipal Code

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Ordinance Page 1

ORDINANCE

AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING
CHAPTERS 1.2 (RESIDENTIAL CODE) AND 1.8 (FIRE CODE) OF TITLE VIII

OF THE LOS ALTOS HILLS MUNICIPAL CODE AND ADOPTING BY
REFERENCE AMENDMENTS TO THE 2022 CALIFORNIA BUILDING

STANDARDS CODE AND LOCAL CODE AMENDMENTS
WHEREAS, the 2022 Edition of the California Building Standards Code, has been amended and adopted by the California Building Standards Commission; and WHEREAS, the Town of Los Altos Hills (“Town”) has adopted the 2022 Edition of the California Building Standards Code with amendments; and WHEREAS, Government Code § 50022.2 authorizes cities to enact ordinances adopting any code by reference; and
WHEREAS, because of the Town's unique climatic, topographic and geologic conditions, the Town desires to make amendments and additions to the 2022 California Residential Code and California Fire Code, as set forth herein; and
WHEREAS, pursuant to California Health and Safety Code sections 18941.5 and 17958, the City Council of the Town of Los Altos Hills hereby finds that the amendments adopted herein are reasonably necessary because of the following local climatic, topographic and geologic conditions:

2. The remoteness and steepness of hillside areas in the Town significantly impacts the ability of emergency responders to extinguish or control wildland or structure fires.

These factors cumulatively mandate special provisions for Fire Department access, fire protection water supplies, automatic fire sprinklers, fire retardant roof coverings and ignition-resistant exterior materials.

4. Fire suppression capabilities will be severely limited should the water system be extensively damaged during the seismic event.

Attachment 1

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Ordinance Page 2

5. Roofs and exterior materials that are not ignition-resistant contribute to the spread of fires, and therefore pose a risk to the safety of the Town’s citizens and their property.

WHEREAS, prior to the effective date of this ordinance, the City Clerk shall file a copy of the ordinance, with the California Building Standards Commission; and WHEREAS, in accordance with Health and Safety Code section 17958.7, the City Council hereby finds that each of the above findings is applicable to each of the modifications to the 2022 Edition of the California Building Standards Code described in this ordinance; and WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:

1. Title 8, Chapter 1.2 “California Residential Code” is hereby amended to read as follows:

Chapter 1.2 CALIFORNIA RESIDENTIAL CODE
8-1.2.02 Amended sections of adopted codes.

Notwithstanding the provisions of Section 8-1.2.01, the Residential Code is hereby amended to read as follows:

A. Section R313.2 is amended to read:

R313.2 One- and two-family dwellings automatic sprinkler systems.

An automatic sprinkler system shall be installed in all new one- and two-family dwellings and existing one- and two-family dwellings when additions are made that increase the fire area to more than 3,600 square feet.

Exceptions:

1. Detached Accessory Dwelling Unit, provided that all of the following are met:

1.1. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

1.2. The existing primary residence does not have automatic fire sprinklers.

1.3. The accessory detached dwelling unit does not exceed 1,200 square feet in size.

1.4. The unit is on the same lot as the primary residence.

1.5. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code, as amended.

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Ordinance Page 3

2. When additions are made to existing structures, causing the fire area to exceed 3,600 square feet, and all of the following are met:

2.1. Building addition does not exceed 500 square feet.

2.2. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code, as amended.

B. Section R328.7 is amended to read:

R328.7 Fire detection. Rooms and areas within dwelling units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314. A heat detector, listed and interconnected to the smoke alarms, shall be installed in locations within dwelling units and attached garages where smoke alarms cannot be installed based on their listing. [SFM] ESS installed in Group R-3 and townhomes shall comply with the following:

1. Rooms and areas within dwelling units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314.

2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

C. Section R337 Materials and Construction Methods for Exterior Wildfire Exposure is hereby adopted in its entirety.

2. Title 8, Chapter 1.8 “California Fire Code” is hereby amended to read as follows:

Chapter 1.8 CALIFORNIA FIRE CODE
8-1.8.01 Adoption of 2022 California Fire Code

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Ordinance Page 4
(a) The 2022 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq., and also the 2021 International Fire Code, published by the International Code Council, including Appendix B-Fire Flow Requirements, Appendix C-Fire Hydrant Locations and Appendix O-Temporary Haunted Houses (hereafter referred to as the Fire Code or CFC) and any rules and regulations promulgated pursuant thereto are hereby adopted and incorporated by reference herein.
(b) One copy of the Fire Code shall be kept on file at the Town of Los Altos Hills. 8-1.8.02 Amended sections of adopted code.

Notwithstanding the provisions of Section 8-1.8.01, the following sections of Fire Code are amended as follows:

A. Section 105.6.52 is added to read as follows:
105.6.52 Day care facility. An operational permit is required to operate a business as a day care facility for more than 6 people.

B. Section 105.6.53 is added to read as follows:
105.6.53 Institutional. A permit is required to operate, maintain, or use any institutional type occupancy. For the purpose of this Section, an institution shall be, but is not limited to: hospitals, children’s home, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons, sanitarium, nursing or convalescent home, certified family care homes, residential care homes for the elderly, out of home placement facilities, halfway house, and day care nurseries or similar facility of any capacity.

C. Section 202 – General Definitions is amended by adding or amending the following definitions:

CORROSIVE LIQUID. Corrosive liquid is:
1) any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or
2) any liquid having a pH of 2 or less or 12.5 or more; or 3) any liquid classified as corrosive by the U.S. Department of Transportation; or 4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

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Ordinance Page 5
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.

MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

HEALTH HAZARD – OTHER. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).

SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.

D. Chapter 2 of the 2021 International Fire Code is adopted with the following amendments:

Section 202 - General Definitions is amended by adding or amending the following definitions:

SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

WORKSTATION. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.

E. Chapter 5 of the 2021 International Fire Code is adopted with the following amendments:

Section 503.1 is amended to read as follows:

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Ordinance Page 6
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and in accordance with the fire departments access standards.

Section 503.1.1 is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements for this section and shall extend to within 150 feet (45, 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exceptions:

1. In other than R-3 or U occupancies, when the building is equipped throughout with an approved automatic sprinkler system, installed in accordance with Section 903.3.1.1 the dimension may be increased to a maximum of 300 feet when approved by the fire code official.

2. When there are not more than two Group R-3 or accessory Group U occupancies, the dimension may be increased to a maximum of 200 feet.

3. When apparatus roads cannot be installed because of topography, waterways, nonnegotiable grades or other similar conditions, an approved alternative means of fire protection shall be provided.

Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6 The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.

Exceptions:

1. When there are not more than two residential parcels, having only Group R, Division 3, or Group U occupancy structures, the access road width may be modified by the fire code official.

2. Detached Accessory Dwelling Units (ADU) designed and constructed in accordance with California Building Code (CBC) Chapter 7A and California Residential Code (CRC) R337, equipped throughout with an approved automatic sprinkler system, in accordance with Section 903.3.1.3 and local standards may have an unobstructed access road width of not less than 16 feet. Access roads

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Ordinance Page 7
having less than 16 feet unobstructed width shall be mitigated via an approved application for alternative materials, design and method of construction and equipment, in accordance with CFC 104.10.

3. Attached Accessory Dwelling Units (ADU) when both the existing residential structure and ADU are equipped throughout with an approved automatic sprinkler system, in accordance with Section 903.3.1.3 and local standards may have an unobstructed access road width of not less than 16 feet. Access roads having less than 16 feet unobstructed width shall be mitigated via an approved application for alternative materials, design and method of construction and equipment, in accordance with CFC 104.10.

Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.

Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

Section 503.5 is amended to read as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

Section 503.6 is amended to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings.

F. Section 504.5 is added to read as follows:

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Ordinance Page 8
504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to within and throughout the building, are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official . Access control devices must also comply with Chapter 10.

G. Section 505.1 is amended to read as follows:
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

The following is a guideline for adequate address number dimensions:
i. The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.
ii. The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.
iii. The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.
iv. The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a one and a half (2) inch stroke.
v. The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (24) inches high with a one and a half (2½) inch stroke.

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Ordinance Page 9
G. Section 510.1 is amended to read as follows:
510.1 Emergency responder communication coverage in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions:
a) There are more than 3 stories above grade plane (as defined by the Building Code Section 202);
b) The total building area is 30,000 square feet or more; c) The total basement area is 5,000 square feet or more; d) Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1 Exceptions:

1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.

2. Where it is determined by the fire code official that the radio coverage system is not needed.

3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.

4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.

The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems.

The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.

Section 510.1.1 is added to read as follows:

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Los Altos Hills City CouncilNovember 17, 2022

Los Altos Hills City Council
November 17, 2022