Los Altos Hills City Council
October 22, 2024

3 of 3
Updated 10/10/24

2. Align the flow line of the riprap flow channel away from Page Mill Road and restore the eroded bank by constructing a new embankment with the maximum side slope of 2H:1V.

3. Install a new Midwest guardrail system along Page Mill Road, with the posts outside of the existing retaining wall.

4. Revise the Caltrans right-of-way boundary per topo survey and include the 33-ft storm drain easement with the private property of 14172 Amherst Court, Los Altos Hills.

5. Reduce the rock size for riprap from 500-lb rocks to 150-lb rocks, and reduce the depth of the riprap flow channel from 3.5 ft to 2 ft.

6. Do not demolish the existing sackcrete, as it is adequate.

7. As a separate project, widen and restripe Page Mill Road, between Berry Hill Court and Baleri Ranch Road, to provide exclusive bicycle lanes, modify the existing storm drain, and provide an exclusive pedestrian path. The existing box culvert structure at the creek crossing is not wide enough to accommodate these improvements. There are two options: The first option is to replace the existing box culvert structure with a wider structure. This will involve Caltrans, and the bridge is owned by Caltrans. The second option is to keep the existing box culvert structure and provide a separate pedestrian bridge crossing adjacent to the northbound travel lane.

1 Arika Miller
From:

Sent: Friday, October 11, 2024 1:59 AM
To: City Council
Cc: Jay Bradford; Arika Miller
Subject: Matadero Creek Erosion Project – strategy for future direction To: Members of City Council
Cc: Jay Bradford
Arika Miller
Subject: Matadero Creek Erosion Project – strategy for future direction Honorable Mayor and Councilmembers
Some years ago, I became involved in a creek restoration project in Town that spun its wheels for 20 years – spending lots of money on consultants as well as staff time – to no avail. Nothing was achieved and no shovel ever was wielded to actually do something in those 20 years.

Now – it looks like a repeat is in the works. At your last meeting, you accepted the staff recommendation to not accept any of the bids to do the Page Mill/Matadero Creek Erosion project (they all came in unexpectedly higher than what had been planned for).

Thus you might expect that I would be very upset at this turn of events – this project has been spinning its wheels for roughly thirteen years since the “emergency fix” was executed within two weeks of the problem being recognized. So far, since that emergency fix was implemented, a lot of money and staff time has been spent, but not a single shovel has hit dirt to effect any material change to the situation.

However, since this decision not to accept any bids was made, I have had some very productive conversations with staff – kicking the ball around to figure out an alternative pathway forward - focusing our attention on alternative strategies with maybe a more cost-effective overall outcome.

The discussion eventually coalesced around the realization that we need to look at the problem in a wider context - developing a strategic view of the situation that is not just narrowly focused on creek erosion/stabilization, but also traffic safety on the Bridge and at least some thought to longer-range planning to enhance the bridge configuration somehow to recognize and adapt to today's traffic needs at that location.

We have two separate but tightly intertwined issues
a) Creek Erosion
b) Bridge Traffic Safety
ITEM 7K, Supplement 1

2 The first triggered the second, but the second has also been exacerbated simply due to the passage of time and the evolution of our town (and Page Mill traffic) since the town was incorporated.

Not only has the volume of 4-wheeled traffic grown significantly since that bridge was designed/installed well over 50 years ago, but today's traffic also includes a significant new component (2-wheelers of various kinds...) that was of zero consequence at that time. If anybody has doubts about the size of this latter component, I recommend observing current bridge traffic type and volume almost any day, but especially weekends during prime daylight hours. About half of it is heading to/from the upper reaches of Page Mill Road, the other half is heading to/from Arastradero Road in the direction of Palo Alto's Arastra Open Space and Alpine Road in Portola Valley.

The black skid marks on the road surface of the bridge are mute testimony of frequent "near misses" from confrontations between 4-wheelers and 2-wheelers...

Thus, instead of just being upset at this further delay in getting anything done, I would urge you to endorse the idea that staff take this opportunity to look at the whole problem afresh – from a strategic level including both priorities and how each affects the other.

Specifically, as a starting point for the conversation – let us recognize that the existing “temporary fix” to creek erosion at that point has successfully performed the job for 13 years now – and maybe…. Rather than tear it out and build a whole new better version, maybe we can just upgrade the current configuration, armoring wherever it is felt to be lacking, while bearing in mind how this approach can at the same time enable a longer-term “widening of the bridge” and thus address the other priority - increasing the safety of the bridge.

Effectively “widening” the bridge could (just for example… thinking aloud…) be achieved the same way we did it some four years ago about half a mile further south at another bridge on Page Mill that crosses a tributary of the Matadero. There we added a separate “pedestrian bridge” next to the existing 2-lane road bridge. This allowed for some “re-striping” of the main bridge, effectively widening the individual lanes for cyclists and motorists.

This is at least one approach that could stimulate further refinement or even completely different ideas on how best to tackle the wider context of these two separate but intertwined objectives.

I would urge the City Council to encourage staff to take a fresh look at this project bearing the above thoughts in mind.

I would add that the previous fiasco I alluded to in the beginning of this letter – the project that got nowhere after 20 years of wheel-spinning, was re-started with some completely fresh and innovative thinking. It was totally redesigned and agreed upon by all agencies within a span of 5 years and was successfully implemented in the next 2 years. And all because we started again from square one, and looked at it afresh from a wider strategic perspective.

Jitze Couperus

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1 Arika Miller
From: Daniel Liang
Sent: Monday, October 21, 2024 4:51 PM
To: Arika Miller
Cc: WooJae Kim
Subject: City Council Meeting 10/22/2024 Item 7K Matadero Restoration Creek Stabilization Project
Arika,
See below for our response to Allan Epstein’s comment on Item 7K:

Item 7K Matadero Restoration Creek Stabilization Project The technical memo does not provide suƯicient information to evaluate moving forward with the proposed alternative design. The memo does not provide any indication of the potential construction cost of the new design, whether the work could be performed under the existing permits or whether resubmittal and new permits will be required from the multiple regulatory agencies. The existing retaining wall is “holding”, but the earth around a few of the post has been eroded over the past dozen years since the “temporary” repairs were made. With the removal of the new, protective soldier pile wall, how will further erosion be prevented? Response:

There is enough space to align the creek away from the existing retaining wall and build up an earthen embankment to stabilize Page Mill Road. The improved creek, lined with riprap and compacted embankments, will prevent the creek from further erosion. Further analysis is needed, but the current rough order of magnitude estimate for the creek rehabilitation and stabilization without the new retaining wall is around $400k. Town staƯ plans to work within the existing permits and work with our consultant, ENGEO, to notify regulatory agencies of design changes.

The new design appears to include modifying or improving the culvert bridge (governed by Caltrans) or adding a pedestrian bridge over Matadero Creek. How much will these additions and changes cost? Is it realistic to think that the engineering work can be completed and regulatory approvals obtained in suƯicient time for this project to be completed in the summer of 2025? How will further delays impact construction costs? Response:

The scope of the proposed design for the Matadero Creek Restoration and Bank Stabilization Project does not include improving the existing box culvert bridge or adding a new pedestrian bridge over Matadero Creek. The existing bridge is not wide enough to provide two travel lanes (one in each direction), two 5-ft exclusive bicycle lanes, and an exclusive pedestrian path. In the future, if the Town desires to provide exclusive bicycle lanes and pedestrian path, a separate pedestrian bridge or a wider bridge will be needed at the Matadero Creek crossing.

SuƯicient preliminary design studies and cost estimates should be completed to answer and quantify these questions before this alternative approach should be selected. StaƯ should provide answers to these questions at the next council meeting.

Response:

The updated project design will be presented to Council early next year before the rebid.

Thanks!
Daniel
From: allan epstein
Sent: Sunday, October 20, 2024 2:53 AM
To: Arika Miller <[email protected]>
ITEM 7K, Supplement 3

2 Cc: WooJae Kim <[email protected]>; Daniel Liang <[email protected]> Subject: City Council Meeting October 22, 2024 Item 7K Matadero Restoration Creek Stabilization Project Hi Arika,
Please add these comments as a supplemental to Item 7K.

Thank you.

Best,
Allan
Item 7K Matadero Restoration Creek Stabilization Project The technical memo does not provide suƯicient information to evaluate moving forward with the proposed alternative design. The memo does not provide any indication of the potential construction cost of the new design, whether the work could be performed under the existing permits or whether resubmittal and new permits will be required from the multiple regulatory agencies. The existing retaining wall is “holding”, but the earth around a few of the post has been eroded over the past dozen years since the “temporary” repairs were made. With the removal of the new, protective soldier pile wall, how will further erosion be prevented? The new design appears to include modifying or improving the culvert bridge (governed by Caltrans) or adding a pedestrian bridge over Matadero Creek. How much will these additions and changes cost? Is it realistic to think that the engineering work can be completed and regulatory approvals obtained in suƯicient time for this project to be completed in the summer of 2025? How will further delays impact construction costs? SuƯicient preliminary design studies and cost estimates should be completed to answer and quantify these questions before this alternative approach should be selected. StaƯ should provide answers to these questions at the next council meeting.

ITEM 7L
THE TOWN OF LOS ALTOS HILLS October 22, 2024
Staff Report to the City Council
SUBJECT: Adopt an Ordinance (Second Reading) of the Town of Los Altos Hills amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to amend regulations relating to application processing and standing committee review procedures in accordance with program B-15 of the Los Altos Hills 2023- 2031 Housing Element.

CEQA Review: Consider exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3).

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager PP

RECOMMENDATION
That the City Council takes the following actions:

Adopt the attached Ordinance amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code, finalizing the amendment to regulations relating to application processing and standing committee review procedures in accordance with Program B-15 of the Los Altos Hills 2023-2031 Housing Element.

BACKGROUND
The ordinance amendments, based on Program B-15 of the Los Altos Hills 2023-2031 Housing Element, aim to streamline the committee review process for housing development projects. The amendments limit committee reviews to one meeting, with comments required within 30 days of receiving a complete application. The updates ensure alignment with State Housing Element Law and facilitate housing development approvals.

The following timeline outlines the key milestones for the ordinance amendment process:
 August 1, 2024: Community Development staff introduced the ordinance materials to the Planning Commission.
 August 13, 2024: Community Development staff collaborated with the Environmental Design and Protection Committee for ordinance review.
 August 20, 2024: The History Committee reviewed the proposed ordinance.  August 22, 2024: The Pathways Committee completed its review.  September 5, 2024: The Planning Commission held a meeting and unanimously recommended that the City Council approve the ordinance, including internal policy updates for routing sheets and plan access for relevant committees.  September 19, 2024: The City Council heard the first reading of the ordinance during its regular meeting. After minimal discussion, the Council voted unanimously (5-0) to approve the first reading.

City Council Page 2
Committee Review Ordinance Informational Update
September 19, 2024
This report now presents the ordinance for its second reading and final adoption, see Attachment

1. DISCUSSION
This second reading finalizes the changes outlined during the first reading, focusing on limiting committee review to one meeting and ensuring that feedback is provided within 30 days of receiving a complete application. These changes align with state law and are intended to facilitate the efficient review and approval of housing development projects.

The ordinance codifies that the committees are to provide comments related to General Plan conformance, Municipal Code, adopted policies, guidelines, and specific Objective Design Standards. This update brings the Town into compliance with its adopted 2023-2031 Housing Element goals.

GENERAL PLAN
The proposed ordinance changes were proposed and approved as part of Program B-15 for the Housing Element of the General Plan. Their preparation ensures compliance with State regulations and achieve goals of the Housing Element.

ENVIRONMENTAL REVIEW
The proposed actions are considered exempt pursuant to CEQA Guidelines Section 15061(B)(3) as the informational session and the proposed ordinance amendments have no potential to create any physical changes on the environment.
2024-25 CITY COUNCIL WORK PLAN
The 6th Cycle Housing Element Implementation (see Attachment 2) was a part of the 2023 and recently proposed 2024-25 City Council Work Plan. The key project falls under the Priority Area, Quality of Life and Community. Additionally, the 2024-25 Work Plan incorporates staff capacity to work with the community, committees, the Planning Commission, and City Council on other programs of the Housing Element.

FISCAL IMPACT
The fiscal impact to the Town for amending the committee review ordinance only relates to staff time in preparing documents that were discussed with the committees and Planning Commission.

ATTACHMENTS

1. Proposed City Council Ordinance: Amendment to Title 10 of Zoning Code

2. Link to Los Altos Hills 2023-2031 Housing Element:

City Council Page 3
Committee Review Ordinance Informational Update
September 19, 2024
https://www.losaltoshills.ca.gov/DocumentCenter/View/6251/General-Plan---5-HousingElement-PDF

ITEM 7L Attachment 2
ORDINANCE XX.XX
AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE 10 (ZONING AND SITE DEVELOPMENT) OF THE LOS ALTOS HILLS MUNICIPAL

CODE TO AMEND REGULATIONS RELATING TO APPLICATION PROCESSING

AND STANDING COMMITTEE REVIEW PROCEDURES IN ACCORDANCE WITH PROGRAM B-15 OF THE LOS ALTOS HILLS 2023-2031 HOUSING ELEMENT WHEREAS, a severe housing crisis exists in the State of California with the demand for housing outstripping supply; and
WHEREAS, the State Legislature has enacted a number of laws relating to streamline approvals of housing development projects and to promote housing supply, growth and mobility; and
WHEREAS, the adopted and state-certified 2023-2031 Housing Element (“Housing Element”) of the Town of Los Altos Hills (“Town”) contains numerous goals, policies and programs to streamline residential development projects and promote housing opportunities and mobility, which covers, among other things, the streamlining of approval timeframes, the preparation and use of objective standards, and updating project review processes to promote housing development opportunities and in accordance with state law; and WHEREAS, specifically, Program B-15 of the Housing Element committed to “Amend the Town’s Zoning Ordinance to limit advisory committee meetings to one meeting, and require comments be provided to the decision making body within thirty days of a complete application.

Further, specify that advisory committee review shall only provide comments relating to conformance with the General Plan, Municipal Code, Council- adopted policies and guidelines, and specific, Objective Design Standards”, which in large part reflects existing, uncodified practice where Town committees expeditiously and timely provide comments on development projects; and
WHEREAS, to accomplish Program B-15, the Town has prepared a set of amendments to LAHMC Title 10, Chapter 2 to incorporate the legislative changes identified above and as set forth in the Housing Element (collectively, the “Zoning Text Amendments”); and WHEREAS, on September 5, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, on September 19, 2024, the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, the proposed Zoning Text Amendments are consistent with and support the Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs and strategies in the 2023-2031 Housing Element, including but not limited to those with respect to streamlining the advisory committee review timeframe and scope, and promote efficiency in a well-established, streamlined application review process; and WHEREAS, under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a

significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, in this case the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only; and
WHEREAS, the proposed Zoning Text Amendments are intended to improve the Town’s application review process and codify existing practices, and to implement policies and programs consistent with State Housing Element Law, in a way that protects and promotes public safety, community welfare, and the Town’s character and aesthetic quality.

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

SECTION I. FINDINGS.

Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:

1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof.

2. Based on the entirety of the record before it, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines, Public Resources Code section 21080.17, and Government Code sections 65660 et seq. and 65583(a)(4).

Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not create any zoning land uses, approve any development projects, or issue any entitlements, but are regulatory actions taken by the Town to implement procedural requirements only.

3. This Ordinance was prepared, introduced, and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder.

4. This Ordinance is consistent with and supports the Los Altos Hills General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element, improving the Town’s application review process and codify existing practices, and furthering housing development project entitlements and opportunities. The amendments proposed in the Ordinance would accomplish the program goals identified in the Housing Element and continue to implement the Town’s housing strategies in compliance with state law.

SECTION II. AMENDMENT.

Chapter 2, Title 10, of the Los Altos Hills Municipal Code, is hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

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.

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.

This Ordinance shall become effective thirty (30) days from and after its adoption.

INTRODUCED: ______________, 2024
PASSED: _______________, 2024
AYES:

NOES:

ABSTENTIONS:

ABSENT:

BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk

APPROVED AS TO FORM:
_________________________
City Attorney

EXHIBIT A
SECTION I. Revisions to Article 13, “Administration and Enforcement” of Chapter 2 of Title 10
The following sections in Article 13, Chapter 2, Title 10 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.

Section 10-2.1304 Applications—Reviews and consultants.

Within thirty (30) days of receipt of a site development application or a permit application that are reviewed and considered pursuant to the procedures set forth in this chapter, the Community Development Director or designee shall determine whether the application is complete pursuant to the State Permit Streamlining Act and the Town’s Application Checklist maintained by the Community Development Department. The Planning Community Development Director or designee may retain the services of engineering geologists, soils engineers, foresters, landscape architects, or the City Attorney to advise in the review of site development applications. The costs of such services shall be borne by the applicant.

Upon receipt of a site development application, the Community Development Director or designee shall also refer such application for review to the appropriate staff and to one or more of the following Town Standing Committees: the Pathways Committee, the Open Space Committee, the History Committee, and Environmental Design and Protection Committee, as determined applicable by the Director, to provide their written comments and recommendations on the application.

The respective committees shall review and provide comments and recommendation during a noticed public meeting and shall complete such review within one (1) meeting for each committee, which shall occur no later than within thirty (30) days from an application being determined complete by the Community Development Director pursuant to the Town’s Application Checklist maintained by the Community Development Department. Notwithstanding any provisions set forth in City Council Resolution No. 90-22, review by the applicable Standing Committee shall be limited to the following: the application’s conformance with applicable standards, policies, regulations, and requirements under General Plan, Municipal Code, Council-adopted policies and guidelines, and specific Objective Design Standards adopted by the Town.

Section 10-2.1305 Applications—Action and hearings.
(a) The Planning Community Development Director shall review consider all site development applications for projects meeting the criteria outlined in Section 10-2.301(a). The Planning Community Development Director may issue a permit with such reasonable conditions as he or she may deem necessary to achieve the purposes of this chapter, may refer the application for hearing before the Planning Community Development Director or the Planning Commission, or may disapprove the application for site development. (b) The Planning Community Development Director shall review consider all site development applications for projects meeting the definitions in Section 10-2.301(b) after pursuant to a

noticed hearing. The Planning Community Development Director may issue a permit with such reasonable conditions as the Planning Community Development Director deems necessary to achieve the purposes of this chapter, may refer the application to the Planning Commission, or may disapprove the application for site development. Plans shall be referred for review to the appropriate staff and to the Pathways Committee and Environmental Design Committee, and notice of the hearing shall be provided to each of those committees and to the Planning Commission.

Notice of the time and place of the hearing shall be posted in at least three public posting places and posted on the property adjacent to a public street or adjacent to any access road or way to the property not having public frontage. Notices of such hearings shall also be served by United States mail to the owner of the subject property, or the owner's authorized representative, to the project applicant and to each property owner whose property is within 300 feet of the exterior boundary of the property, using addresses from the latest equalized assessment roll. In lieu of using the assessment roll, the Town may require these addresses to be obtained from records of the County Assessor or Tax Collector which contain more recent information than the assessment roll. All required names and addresses shall be provided by the applicant or his or her representative at the time the site development permit application is filed. Such posting and mailing shall be completed at least 10 days prior to the date of the hearing. The notice shall state the purpose of the application, the time and place of the hearing, and a statement that all written and oral statements will be considered by the Planning Community Development Director.

In addition to evidence presented at the hearing, the Planning Community Development Director shall consider the recommendations of staff members and of the Pathways Committee, the Open Space Committee, the History Committee, and the Environmental Design and Protection Committee, as applicable and provided pursuant to Section 10-2.1304 in making a determination regarding the proposed project.

Section 10-2.1305.1 Fast-track process.
. . .
(b) The fast-track review process shall consist of the following:
(1) A complete application shall be filed pursuant to the provisions of Section 10-2.1303. and shall be reviewed pursuant to Section 10-2.1304. Plans shall be referred for review to the appropriate staff and to the Pathways Committee, the Open Space Committee, History Committee, and the Environmental Design and Protection Committee, in accordance with Section 10-2.1304.
(2) For a new residence project, the Planning Community Development Director or designee shall determine the project's eligibility for the fast-track process using the Fast Track Guide checklist. Only projects that score 14 points or less shall be eligible for the fast track process. The Fast Track Guide checklist, or a project's conformance with the

Fast Track Guide checklist, shall not provide the basis for the Site Development Authority's approval, conditional approval, or disapproval of a project. (3) Upon the Planning Community Development Director's determination that the application is complete, the applicant shall install story poles at the site to represent an outline of the size and height of the proposed project. (4) Upon installation of the story poles to the satisfaction of the Planning Community Development Director, notice of a site development hearing shall be mailed to all owners of property located within 500 feet from the subject property, pursuant to the notice provisions of Section 10-2.1305(c) and to members of the Planning Commission. (5) The Planning Community Development Director shall set a site development hearing for the proposed project to be held not sooner than 10 days after notice is mailed. The hearing shall take place at the date and time specified in the notice, but the Director shall make every effort to accommodate the schedules of all interested parties, including continuing the day and/or time of the meeting if necessary. (6) Environmental Design and Protection Committee, Open Space Committee, Pathways Committee, and History Committee representatives may participate in the site development hearing and shall receive notice of the hearing on the same date that notice is mailed to property owners.
(7) An interim staff report shall be prepared at least five days prior to the hearing, and be available for public review, outlining the project characteristics (floor area, development area, height, setbacks, materials, etc.) and its compliance with the Town's General Plan, Zoning and Site Development Codes, Town policies, and subdivision conditions, where applicable.
(8) The hearing shall be conducted by the Planning Community Development Director, and no other person may preside over the hearing unless so authorized by action of the City Council.
(9) The Planning Community Development Director shall approve the project if the Director determines that the project complies with the Town's General Plan, Zoning and Site Development Codes, Town policies and subdivision conditions, if applicable. (10) A final staff report shall be prepared to supplement the interim staff report with discussion of any issues raised by neighbors, committee representatives, staff, or the applicant, and to include the final conditions of approval and the applicant's signed agreement to those conditions. If opposition to the project exists, that opposition shall be noted in the final staff report along with the Planning Community Development Director's assessment of whether the opposition is supported by facts or relevant information.

(11) Written notice of the Planning Community Development Director's decision shall be provided to the applicant, all property owners notified of the site development hearing, and any other parties attending or providing written comments at the hearing, and to the Planning Commission, a minimum of 10 days prior to the end of the appeal period. (12) The City Council may review the Planning Community Development Director's decision in accordance with the process contained in Section 10-1.1010, with transmittal of the final staff report and notice of the decision by the City Clerk to Council to occur pursuant to such process.
(13) Any interested party may appeal the Planning Community Development Director's decision to the Planning Commission by filing a written notice of appeal with the City Clerk within 21 days of the Planning Community Development Director's decision prior to its expiration pursuant to subsection (b)(14) below. A nonrefundable filing fee and deposit for services shall accompany each appeal, except that any member of the City Council or any two members of the Planning Commission may file such an appeal without payment of a fee. The appeal shall be considered at a public hearing in accordance with the provisions of Section 101.1005. A public hearing shall be set no later than 45 days after the date of the filing of the notice of appeal, unless time is waived by the appellant or project applicant.
(14) If no appeal is made, the decision of the Planning Community Development Director shall become final at 4:00 pm on the twenty first (21st) day following the action.

AGENDA ITEM #

TOWN OF LOS ALTOS HILLS
Staff Report to the City Council
October 22, 2024
SUBJECT: RESOLUTION APPROVING AMENDMENT NO. 2 TO THE

EMPLOYMENT AGREEMENT WITH PETER PIRNEJAD FOR CITY

MANAGER SERVICES EXTENDING THE TERM AND MODIFYING
COMPENSATION PROVISIONS OF THE AGREEMENT.

FROM: Steve Mattas, City Attorney
RECOMMENDATION:

That the City Council approve the attached resolution authorizing Amendment No. 2 to the Employment Agreement between the Town of Los Altos Hills and Peter Pimejad and authorize Mayor Mok to sign Amendment No. 2 on behalf of the Town.

BACKGROUND & DISCUSSION
The City Council entered into an employment agreement with Peter Pimejad on October 21, 2021 ("Agreement") pursuant to which Mr. Pirnejad serves as the City Manager for the Town. The City Council approved Amendment No. 1 to the Agreement on February 23, 2023. The City Council recently completed an annual evaluation of the City Manager and desires to modify the compensation provisions to increase Mr. Pimejad's compensation. At the request of the City Council, the City Attorney's office has prepared the attached resolution authorizing Amendment No. 2 to the Agreement.

Amendment No. 2 will increase Mr. Pimejad's annual salary, from $254,880 to $298,000 effective October 22, 2024, and provide a one lump sum payment of $12,744. Amendment No. 2 will also add provisions related to providing any annual cost of living adjustment approved for all Town employees to Mr. Pirnejad, addressing internal equity/salary compaction and aligning Mr. Pirnejad’s benefits with the benefits provided to other senior management within the Town.

ATTACHMENTS

1. Resolution Approving and Authorizing Execution of Amendment No. 2.

2. Amendment No. 2 to the Employment Agreement with Peter Pirnejad for City Manager Services.

RESOLUTION ____- 24
RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CITY MANAGER

EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND

PETER PIRNEJAD
WHEREAS, following a recruitment process, the City Council has selected Peter Pirnejad to serve as the City Manager of the Town of Los Altos Hills; and WHEREAS, the Town previously entered into an employment agreement with Peter Pirnejad and Amendment No. 1 to that that employment agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:

1. The City Council of the Town of Los Altos Hills approves Amendment No. 2 to the City Manager’s Employment Agreement between the Town and Peter Pirnejad attached hereto.

2. The Mayor is authorized to sign the Amendment No. 2 to the City Manager’s Employment Agreement on behalf of the City.

3. This Resolution shall take effect immediately upon its adoption.

The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at an adjourned regular meeting held on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN THE TOWN OF LOS ALTOS HILLS AND PETER PIRNEJAD
THIS SECOND AMENDMENT is made and entered into at Los Altos Hills, California this 22nd day of October 2024, by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation, hereinafter sometimes referred to as the "TOWN," and PETER PIRNEJAD, an individual, hereinafter referred to as "PIRNEJAD."
WITNESSETH:

WHEREAS, TOWN employs the services of PIRNEJAD as City Manager of the TOWN pursuant to an employment agreement executed on October 21, 2021 ("Employment Agreement") and an amendment to the Employment Agreement (“First Amendment”) executed on February 16, 2023, and further desires to assure the continuous service of PIRNEJAD in such official capacity as provided for in the Municipal Code by amending certain salary and benefits of his employment;
NOW, THEREFORE, in consideration of the mutual promises, covenants and stipulations herein contained, the parties hereto agree to amend the Employment Agreement as follows:

1. Section 4 of the Employment Agreement "Salary" is amended such that the City Manager's annual salary shall be increased, as of October 22, 2024, to an annualized salary of two hundred ninety-eight thousand dollars ($298,000) per year payable in installments at the same time other employees of the Town are paid. In addition, TOWN shall provide a one-time non PERSable payment of twelve thousand seven hundred forty-four ($12,744) to PIRNEJAD’s 401A deferred compensation account in either calendar year 2024 or 2025 as selected by PIRNEJAD.

2. Section 4. Salary shall be further modified by the addition of Sections 4[C] and 4[D]as set forth below:
4[C]. Internal Equity. The Town Manager’s base salary shall be set annually between fifteen (15) and twenty (20) twenty percent (20%) higher than the top of the salary range for the highest-paid Department Director within the Town staff. The term “Department Director” refers to any head of a Town department who reports directly to the Town Manager, as determined by the Town Council. This salary comparison shall be reviewed annually at the time of any salary adjustments for the Town Manager or Department Directors to ensure compliance with this provision. 4[D]. Cost of Living Adjustments. Cost of Living Adjustments (“COLA”) approved by City Council for all Town employees shall be applied to PIRNEJAD at the same rate and effective at the same time as all other Town employees.

3. Section 5. Benefits shall be modified by the addition Section 5(a)(11) to read as follows:

11. Alignment with Management Benefits. Except as otherwise provided in the Town Manager’s employment agreement, the Town Manager will be eligible for, and shall receive, all standard management benefits (e.g., health insurance, CalPERS, deferred compensation) and vacation, sick, and administrative leave as generally set forth in the Employee Handbook and applied to other management employees, as it may be amended or updated from time-to-time by the Town Council. The Town Manager

shall comply with all rules and procedures and shall make any and all employee contributions set forth in the Town’s benefits plans.

Except as modified herein, all other provisions of the Employment Agreement as modified by the First Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the Town of Los Altos Hills has caused this Second Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and PIRNEJAD has signed and executed this Second Amendment.

TOWN OF LOS ALTOS HILLS
______________________ ______________________
Stanley Q. Mok, Mayor Peter Pirnejad
Town of Los Altos Hills
______________________
Arika Miller, City Clerk
APPROVED AS TO FORM:
______________________
Steve Mattas, City Attorney

1 Arika Miller
From: allan epstein
Sent: Monday, October 21, 2024 10:55 AM
To: City Council
Cc: Arika Miller
Subject: Council Meeting October 22, 2024 Agenda Item 7.M. Modifying City Managers Compensation and Extending the Term.

Mayor Mok, Vice Mayor Schmidt, Council members,
RE: Agenda Item 7.M. Modifying City Managers Compensation and Extending the Term.

The rushed, hidden, non-transparent procedural process of evaluating the City Manager’s performance and modifying his contract is troubling and disappointing.

The City Attorney prepared staƯ report states the City Council recently completed an annual evaluation and requested his oƯice to prepare the attached resolution but does not provide any explanation as to how these instructions were received or how and why these changes were proposed. The changes include a 16.9 percent salary increase, a five percent of prior salary one-time payment and other “automatic” changes to increase his compensation.

There is no indication that the Council made any eƯort to solicit input or opinions from committee members or residents as to the City Manager’s performance. In the past, many residents have expressed concern about the City Manager’s actions, many items on the work schedule are behind schedule, position openings continued for excess periods, operational financial and permit related matters were performed poorly, use of consultants appears excessive, and contracts are not being completed timely. In particular, there is great concern about the unneeded delay and mishandling of the Multifamily Housing Objective Standards and CEQA Report eƯorts. It is disappointing that residents were not provided with a reasonable opportunity to provide their opinion on the City Manager’s performance and recommended improvements.

One might expect the Council to provide some type of explanation or justification to residents as to the process, evaluation, and need for these exceptionally large compensation changes, but none is provided. This subject has also been placed on the Consent Calendar, so no discussion will take place.

Process concerns. The council held two special meetings dealing with this matter, literally at the minimum required 24-hour notice period over two successive days, but states there was no reportable action from these meetings. Prior to the September Council meeting, the October 22, 2024 meeting was not authorized or scheduled. While there were no uncompleted agenda matters at the September meeting, the meeting was not adjourned but “held open” until the October 22nd meeting to enable this meeting to qualify as a “regular” meeting, even though it is not being held at the regular third-Thursday time. No explanation was provided for this action, but the reason is now apparent. To ensure reasonable public notice, the California Government Code requires that the City Manager’s compensation can only be changed at a regular meeting. In addition, Section 54593(c)(3) states, prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. One would presume that this precludes the matter from being placed on a ITEM 7M, Supplement 1

2 Consent Calendar, since items on the Consent Calendar are not read or discussed. This is similar to pension and OPEB benefits which must also be handled only in open sessions.

Other problems. The original contract is not attached as an exhibit. The title of the agenda item includes “extending the term”, but Amendment two does not include a term extension. Amendment two includes language that cost-of-living adjustments provided to all employees would apply to Pirnejad, but the town does not make cost of living adjustments. The Town typically adjusts salary ranges in June, and the enacting resolution customarily states, “WHEREAS, this is not a cost-of-living adjustment and pay increases will continue to be…”.

To what employee cost-of-living adjustment does Amendment two refer and when do they occur? Los Altos Hills should abide by a process for evaluating its City Manager’s performance and changing his compensation that conforms to the code and provides residents with a reasonable opportunity to participate. Considering the troubling process and lack of participation or explanation it is diƯicult for residents to understand whether these changes are deserved or necessary, since only a conclusion has been provided.

Allan Epstein
Los Altos Hills Resident

ITEM 8A
TOWN OF LOS ALTOS HILLS October 22, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING A GRANT AGREEMENT WITH LOS ALTOS

HILLS COMMUNITY FIBER TO INSTALL UNDERGROUND

BROADBAND FIBER INFRASTRUCTURE AT PRIORITY SITES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
FROM: WooJae Kim, Public Works Director/City Engineer WK APPROVED: Peter Pirnejad, City Manager PP
RECOMMENDATION:

That the City Council adopt a resolution (Attachment 1) approving a grant agreement with Los Altos Hills Community Fiber to install underground broadband fiber infrastructure at priority sites and authorizing the City Manager to execute the agreement.

BACKGROUND:

The Broadband Infrastructure Project (Project) was first approved by the Town Council in the FY2023-2027 Five Year Capital Improvement Plan with $800,000 of American Rescue Plan Act (ARPA) funding with a goal to expand broadband service to underserved areas in the Town to improve residents’ ability to work from home, improve access to the internet for education, and support public safety.

On June 16, 2022, the Town Council, with the support of the Technology Committee, authorized the Town Manager to execute a contract with Government Technology Group, LLC (GTG) to conduct a Broadband Feasibility Study for the Town. GTG met with the Committee regularly during the development of the feasibility study to answer questions from the community. On August 17, 2023, the study was presented to Council. The study and the recommendations were discussed in-depth at the Council Study Session on August 23, 2023. No actionable item materialized from those Council meetings.

The City Council directed staff to work with the Technology Committee to refine the scope for an underground broadband fiber project before the end of the year during the April 15th City Council Special Meeting. Two project delivery approaches were evaluated and discussed in detail with the Technology Committee at their May 8 and May 15, 2024, meetings. The first approach was a Town-led effort in which the Town would issue a Request for Proposals to hire a design/build vendor to build broadband fiber infrastructure with Town oversight and control of the new infrastructure. The second approach was for a project led by Los Altos Hills Community Fiber (LAHCF) with grant funding from the Town for LAHCF to design and build underground fiber infrastructure, which they would then continue to operate and maintain. LAHCF is a 501.c.12 non-profit mutual benefit corporation that has installed, operated, and maintained fiber throughout the Town since 2019. The Town has an existing Master Access Agreement with LAHCF that

Staff Report to City Council Page 2
Broadband Infrastructure Project
October 22, 2024
governs installation of broadband infrastructure within the public right of way. Both project delivery approaches were deemed acceptable by staff from a regulatory and legal perspective.

At the May 15, 2024 meeting, the Technology Committee adopted a motion recommending the LAHCF-led option with a scope of work extending the fiber infrastructure at priority sites including Town Hall, under Highway 280 to Foothill College, to emergency/public safety services at and near Foothill College, and as far west beyond Foothill College as feasible with the project funding.

The two project delivery approaches, along with staff’s analysis, and the Committee’s recommendations were presented to the Town Council at the May 21, 2024, Council Meeting.

After hearing from staff, LAHCF, Technology Committee, and members of the public at the meeting, Council concurred with the Committee’s recommendations and authorized staff to negotiate an agreement with LAHCF to install underground fiber at priority sites as recommended.

Council also approved the inclusion of the Project to the 2024-25 Town Council Work Plan.

DISCUSSION:

The Town anticipated using ARPA funds for the project, but after realizing that the ARPA funds were already reported to the U.S. Department of Treasury, decided instead to use other sources of funding from the General Fund. During the initial stages of the negotiations and development of the grant agreement with LAHCF, the Town Attorney and Finance staff determined that the Town’s ARPA funds, previously thought to be reported based on specific eligible projects, had been reported as revenue loss replacement. The $800,000 previously set aside from revenues received from ARPA funding for broadband installation was still being held in a separate account in the General Fund.

Negotiated Grant Agreement and Scope of Work
Since the May 21, 2024, Council Meeting, staff with the assistance from the Town’s contract project manager have worked closely with LAHCF, their vendor Next Level Infrastructure (NLI), and the Technology Committee to develop and negotiate a grant agreement, scope of work, and cost estimate for the Project. The Technology Committee formed an ad-hoc group to assist staff and LAHCF negotiate the scope of work. At the July, August, and September 2024 Technology Committee meetings, a successively more refined scope of work was presented and discussed at each meeting for the Committee’s input.

The negotiated grant agreement (Agreement) is included as Attachment 2, including the scope of work as Exhibit A, cost estimates as Exhibit B, and the terms of the existing Town/LAHCF Master Access Agreement as Exhibit C. LAHCF would own and be solely responsible for operation and maintenance of the infrastructure installed under the Agreement.

The proposed LAHCF scope of work consists of the three tasks summarized below. Each task for the priority sites is described in more detail in Exhibit A of the Agreement along with an alignment map.

Staff Report to City Council Page 3
Broadband Infrastructure Project
October 22, 2024
Task A – Town Hall: This task would extend fiber from the existing LAHCF vault at the intersection of Fremont Road and Fremont Pines Lane to Town Hall. This task would include a head-end cabinet sited within the Fremont Road right of way along the frontage of Town Hall at a location to be approved by the Town.

To delineate that the Town is providing a grant to LAHCF and not hiring LAHCF to provide services to Town, which would trigger Public Contracts Code and Public Works labor compliance requirements, this task does not include a service connection to Town Hall. The short fiber network service connection to Town Hall could be made later as part of a separate effort.

Task B – Stonebrook / Prospect / La Loma: This task would extend fiber from the existing LAHCF fiber terminus near the intersection of La Loma Drive and La Loma Court, eastward to the intersection of El Monte Road and Stonebrook Drive, via La Loma Drive, Prospect Avenue, and Stonebrook Drive. Broadband service to the new line would come from an existing LAHCF 10 Gbps carrier-grade wireless point-to-point link, also referred to as the “fiber island” located on Rhus Ridge.

As a separate broadband fiber infrastructure project led by Foothill De Anza Community College District (District) and LAHCF, once the Foothill College campus is connected with underground fiber through Highway 280 from LAHCF fiber hub at O’Keefe Road, this stretch of Stonebrook/Prospect/La Loma can have redundant network coverage through the wireless point-to-point link and underground fiber network.

Task C –Stonebrook to ARK via Foothill College: This task would extend fiber from the vault at the intersection of El Monte Road and Stonebrook Drive built as part of Task B to the Town’s Community Emergency Response Team (CERT) emergency services facility, refer to as the ARK, located at Foothill College near the El Monte Fire Station.

The three tasks combined would provide approximately 7,881 feet of new underground fiber. All three fiber segments would be connected to existing “lit” service, and thus would be ready to provide broadband service connections to residents along the new fiber infrastructure. According to estimates provided by LAHCF, the new fiber infrastructure would provide the opportunity for new broadband service to approximately 154 properties, including 48 properties directly fronting the new fiber and 106 properties on adjacent side streets.

During negotiations with LAHCF, there have been modifications to the priority sites from what were originally identified by the Technology Committee in its May 15, 2024, recommendation to Council. Since the District is working separately with LAHCF to bring fiber under Highway 280 from O’Keefe Road to the campus, the updated scope of work for the Agreement is to install new fiber infrastructure from La Loma Drive to Stonebrook Drive, which is an underserviced area for broadband. Until Foothill College and LAHCF complete the underground fiber broadband line under Highway 280 to feed the fiber hub at Stonebrook Drive and El Monte Road, this area would be serviced by wireless point-to-point link. Furthermore, since ARK facility is the extent of the fiber extension, there may be limitations to the original Technology Committee desire to extend the fiber as far west as possible on Elena and Moody Road.

Staff Report to City Council Page 4
Broadband Infrastructure Project
October 22, 2024
The Foothill-DeAnza Community College District staff are in separate negotiations with LAHCF and Next Level Infrastructure, in coordination with the Town, to provide up to $200,000 in funding to connect Foothill College facilities. On September 9, 2024, the District Boad of Trustees authorized their staff to pursue a Memorandum of Understanding (MOU) with LAHCF for a broadband expansion project aimed at serving Foothill College campus and District Offices with enhanced fiber network redundancy for operational continuity. The agenda item and the minutes can be viewed on the District’s website at https://go.boarddocs.com/ca/fhda/Board.nsf/Public.

After reviewing the final proposed scope of work for the Project, the Technology Committee unanimously passed the following motion at their September 11, 2024 meeting:
“The Technology Committee has reviewed the scope of work dated September 10, 2024, and has approved the layout and scope of the fiber project based on the objectives of providing emergency connectivity and providing service to the underserved areas of Town. Following discussion with LAHCF and staff, we believe the revised priority sites are the best options for the fiber project.”
Third Party Review of the Scope
As part of the process to develop and refine the scope of work and cost estimates, staff requested GTG to review and provide comments. GTG concluded that in general the proposed scope of work is sound, innovative, and consistent with the recommendations of the Feasibility Study. They also concluded that LAHCF’s estimated costs are within the range of other recent projects and in line with the cost estimates provided in the Study. Some other significant comments from GTG included the following:
• The proposed scope of work and priority sites do not appear to overlap with existing internet providers’ fiber optic infrastructure.
• The connection to the fiber island at La Loma Drive and La Loma Court provides system redundancy and reduces cost and maintenance.
• Using a slightly less conservative methodology of a 750-foot radius to the new fiber, up to 192 properties would be able to connect.
• There are grant applications pending by AT&T to expand broadband in most of Los Altos Hills. The Town and/or its representatives/partners should monitor the AT&T grant applications to see if they are denied or approved.

Project Budget and Schedule
The cost estimates for LAHCF’s scope of work tasks are shown in Exhibit B of the Agreement.

Costs include underground construction labor and materials, traffic control, engineering, design and other professional services, permitting, and an allowance for a PG&E power connection to the head-end cabinet. Overall, the cost estimates equate to approximately $97 per linear foot of fiber (fully burdened), or $77 per linear foot (construction only). Those unit costs fall within the ranges estimated in the Town’s broadband feasibility study.

Staff Report to City Council Page 5
Broadband Infrastructure Project
October 22, 2024
As staff outlined in the May 21, 2024, staff report to Council, the total project cost includes Town costs necessary to develop, review, and deliver the project. The table below is a current breakdown of all project costs that form the basis for the LAHCF not to exceed grant amount of $725,000.

Should the Town or any other costs exceed the $75,000 shown, the grant amount to LAHCF would be reduced commensurately to remain within the Council-adopted $800,000 total project budget.

Broadband Fiber Project – Cost Estimate

ITEM COST
Town and Other Costs
Town Attorney $20,000
Contract Project Manager $30,000
GTG $10,000
Construction Inspection $15,000
Subtotal $75,000
LAHCF Grant Costs
Encroachment Permit Fee $10,000
LAHCF Engineering and Other Soft Costs $109,000
Fiber Construction $606,000
Subtotal $725,000
TOTAL PROJECT COST $800,000
The Agreement stipulates that the project must be completed and grant amounts invoiced by December 31, 2025. The current project schedule anticipated by LAHCF and staff is as follows:

Design/Engineering November 2024 – January 2025
Permitting January 2025 – March 2025
Construction April 2025 – October 2025
Closeout November 2025 – December 2025
This schedule includes completion of the grant funded scope of work. It does not include the time required for the service connections from the new fiber to individual properties.

ENVIRONMENTAL REVIEW:

The approval of funding for broadband expansion projects is statutorily exempt under CEQA Guidelines, section 15303(d) because it involves the expansion of broadband infrastructure, which is a limited number of new, small facilities. Funded projects may also involve the minor alteration of existing facilities, which is exempted pursuant to CEQA Guidelines, section 15301 and may involve minor trenching and backfilling, which is exempt under CEQA Guidelines, section 15304(f).

Staff Report to City Council Page 6
Broadband Infrastructure Project
October 22, 2024
2024-25 TOWN COUNCIL WORK PLAN:

The Broadband Feasibility Study was an item identified initially in the 2022 Work Plan.

Implementation of the Broadband Infrastructure Project is part of the 2024-25 Work Plan.

Receiving this report and accepting the recommendations will advance the Work Plan and will help the Town move closer to its goal of expanding broadband internet service to the underserved residents in Town.

FISCAL IMPACT:

The funding for this project will come from a holding fund included as part of the General Fund.

The $800,000 identified for this project was held in a separate holding account in the General Fund and was intended for this purpose. No additional funding or appropriations will be necessary.

ATTACHMENTS:

1. Resolution

2. Grant Agreement with Exhibit

ITEM 8A, ATTACHMENT 1
RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING A GRANT AGREEMENT WITH LOS ALTOS HILLS COMMUNITY

FIBER TO INSTALL UNDERGROUND BROADBAND FIBER INFRASTRUCTURE AT

PRIORITY SITES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the Broadband Infrastructure project was first approved and funded in the FY2023-2027 Five Year Capital Improvement Plan with a budget of $800,000 in ARPA funds to assist expanding the broadband services to the underserved areas in the Town to improve ability to work from home, improve access to the internet for education, and support public safety; and WHEREAS, the Broadband Feasibility Study was completed by Government Technology Group, LLC (GTG) in August 2023; and
WHEREAS, Council directed staff to work with the Technology Committee to refine the scope for an underground broadband fiber project before the end of the year; and WHEREAS, on May 15, 2024, the Technology Committee voted to approve the LAHCF fiber infrastructure project to extend to Town Hall, Highway 280 crossing to Foothill College, emergency/public safety services at and near Foothill College, and as far west beyond Foothill College as feasible within the project funding; and
WHEREAS, on May 21, 2024, the Town Council authorized staff to negotiate a funding agreement with LAHCF to install underground fiber at priority sites, and approved the Project for inclusion in the 2024-25 Town Council Work Plan; and
WHEREAS, since the May 21, 2024 Council Meeting, staff have worked closely with LAHCF and their vendor Next Level Infrastructure (NLI), and the Technology Committee to develop and negotiate a funding/grant agreement, scope of work, and cost estimate for the project; and
WHEREAS, the negotiated grant agreement provides LAHCF up to $725,000 of grant funds for design, engineering, permitting and construction costs of the project, and the remainder of the overall $800,000 project budget is for soft costs incurred by the Town to deliver the project; and
WHEREAS, the existing Town/LAHCF Master Access Agreement is incorporated into the grant agreement; and
WHEREAS, LAHCF will own and be solely responsible for operation and maintenance of the infrastructure installed under the grant agreement; and

ITEM 8A, ATTACHMENT 1
WHEREAS, the proposed LAHCF scope of work contained in the grant agreement consists of three tasks, each representing a new segment of fiber: A) Town Hall, B) Stonebrook / Prospect / La Loma, and C) Stonebrook to ARK via Foothill College; and WHEREAS, the three tasks combined would provide approximately 7,881 feet of new underground fiber connected to existing “lit” service, and thus would be able to provide service to residents upon installation of a service connection to their property; and WHEREAS, according to estimates provided by LAHCF, the fiber would provide the opportunity for new broadband service to approximately 154 properties, including 48 properties directly fronting the new fiber and 106 properties on adjacent side streets; and WHEREAS, Foothill De Anza Community College District staff are in separate negotiations with LAHCF and Next Level Infrastructure, in coordination with the Town, to provide up to $200,000 in funding to connect Foothill College facilities by running fiber under Highway 280 from O’Keefe Road for enhanced fiber network redundancy for operational continuity; and WHEREAS, LAHCF’s cost estimates for the scope of work tasks equate to approximately $97 per linear foot of fiber fully burdened, or $77 per linear foot for construction only, and these costs fall within the ranges estimated in the Town’s broadband feasibility study; and WHEREAS, the total project cost includes Town costs necessary to develop, review, and inspect the project estimated to be around $75,000, and the LAHCF costs up to the $725,000 grant amount for engineering and construction; and
WHEREAS, the Agreement stipulates that the project be completed and grant amounts invoiced by December 31, 2025, and the current project schedule anticipates the project will be constructed from April to October 2025 and completed by the end of calendar year 2025; and WHEREAS, the approval of funding for broadband expansion projects is statutorily exempt under CEQA Guidelines, section 15303(d) because it involves the expansion of broadband infrastructure, which is a limited number of new, small facilities, and funded projects may also involve the minor alteration of existing facilities, which is exempted pursuant to CEQA Guidelines, section 15301 and may involve minor trenching and backfilling, which is exempt under CEQA Guidelines, section 15304(f); and
WHEREAS, the project is consistent with the Town’s Digital Bill of Rights adopted in June 2022 and will help the Town move closer to its goal of expanding broadband internet service to the underserved residents in Town.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby approve the grant agreement with Los Altos Hills Community Fiber to install underground broadband fiber infrastructure at priority sites and authorize the City Manager to execute the agreement.

ITEM 8A, ATTACHMENT 1
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Mok, Mayor
ATTEST:
______________________________
Arika Birdsong-Miller, C

1 GRANT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND LOS

ALTOS HILLS COMMUNITY FIBER
This Grant Agreement (“Agreement”) is made and entered into between the Town of Los Altos Hills, a General Law City (“Town”) and LOS ALTOS HILLS COMMUNITY FIBER, a California non-profit mutual benefit corporation, (“Recipient”) effective as of ___________________ (the “Effective Date”). Town and Recipient are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows:

1. Incorporated Documents.

A. The MASTER ACCESS AGREEMENT BETWEEN THE TOWN OF LOS

ALTOS HILLS AND LOS ALTOS HILLS COMMUNITY FIBER FOR THE

INSTALLATION OF FIBER OPTIC NETWORK FACILITIES WITHIN
PUBLIC RIGHT- OF- WAY (“Master Access Agreement”) is attached hereto and incorporated herein as Exhibit C.

B. All requirements set forth in the Master Access Agreement apply fully to this Agreement. In the event that any of the terms of the Master Access Agreement conflict with this Agreement, the terms of this Agreement shall prevail.

2. Term. Unless amended or terminated prior to its expiration, the term of this Agreement for disbursement and expenditure of eligible payments will begin on Effective Date and the Agreement shall be completed to the satisfaction of the Town by December 31, 2025 (“Termination Date”), except the Master Access Agreement shall continue to September 2, 2031, unless otherwise amended or terminated. Section 9 (Indemnification) shall survive termination or expiration of the Agreement and shall remain enforceable thereafter.

3. Scope of Work. Recipient shall expand broadband services (“the Work”) within the Town for the purposes of a community benefit and operate the network for a minimum of five (5) years after Termination Date as more particularly described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail.

4. Noncompletion of Scope of Work. Partial performance or incomplete performance of the Scope of Work will be considered a Breach of Agreement unless agreed to by both parties in writing. Any Work not completed upon use of all Grant Funds must be completed at the expense of Recipient by the Termination Date.

5. Payment. Town shall pay Recipient an amount not to exceed: seven hundred twenty-five thousand dollars ($725,000) (“Grant Funds”) for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The calculation of payment for the Work shall be set forth as described in the Compensation Form, attached hereto and incorporated herein as Exhibit B. The amount stated above is the entire ITEM 8A, Attachment 2

2 compensation payable to Recipient for the Work performed hereunder, including but not limited to all labor, materials, tools, Engineering, Construction, Permitting, PG&E Power Allowances, equipment furnished by Recipient, or other expenses directly related to completing the work, at the sole discretion of the Town. Grant Funds may be shifted between budget line items by the Recipient.

A. The Town shall reimburse recipient, based on invoices received showing proof of payment, for Work satisfactorily performed. Town shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Recipient.

B. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation in addition to repayment of any improperly used funds.

6. Maintenance and Operation.

A. Recipient shall, at its sole cost and expense, maintain and promptly repair any damage to the Facilities whenever repair or maintenance is required, subject to obtaining an Encroachment Permit from the Town as required by this Agreement.

All work by and on behalf of Recipient shall: (a) be performed by duly licensed and bonded contractors or mechanics; (b) be performed in a manner and using equipment and materials that will not interfere with or impair the Town's operations; and (c) comply with all Laws and applicable Town requirements including Encroachment Permit requirements.

B. The permission to access the Public Right of Way granted by the Town pursuant to this Agreement is intended to permit the deployment of broadband internet services only to and for the benefit of Recipient and/or Recipient’s members. Recipient may not deploy, nor permit any third party to deploy, any facilities or equipment in the Right of Way unless specifically provided for in this Agreement. This Agreement does not create any ownership, property rights, or other rights to access, use or operate Recipient Facilities in the Right of Way.

7. Independent Recipient. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the Town and Recipient. At all times Recipient shall be an independent contractor and Recipient is not authorized to bind the Town to any contracts or other obligations without the express written consent of the Town. Additionally, the Agreement does not cause the Town to be a member of Recipient, any operation, or any maintenance.

8. Licenses. Recipient represents and warrants that Recipient possesses all licenses, permits, and qualifications legally required for the performance of the Work, including but not limited to a business license from the Town and payment of any applicable business license

3 tax. Recipient shall, at Recipient’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement.

9. Indemnification of the Town. Recipient, jointly and severally, for itself, its successors, agents, contractors and employees, agrees to indemnify, defend (with counsel acceptable to Town) and hold harmless Town, its officers, employees and agents and any successors to Town's interest from and against any and all claims, injuries, property damages, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the "Losses") arising directly or indirectly, in whole or in part, out of the Deployment of the Facilities or activities of Recipient described in this Agreement, except to the extent such Losses are solely caused by the Town's acts or omissions of gross negligence or willful misconduct. For purposes of Section 10 and 11, the term "cleanup actions" shall refer to such actions as are necessary to remediate damage caused directly or indirectly by Recipient, its employees, agents, contractors, or subcontractors. For the purposes of the indemnity obligation under Section 10 and 11, "activities of Recipient" includes acts or omission of Recipient or its employees, sub-grantees, invitees, contractors, subcontractors or agents relating to the Recipient’s performance of this Agreement.

A. In the event that Recipient, its employees, agents, contractors, or subcontractors shall discover contamination or hazardous materials while performing any work in the public right-of-way, regardless of the source, Recipient shall cause all work to be stopped and shall immediately notify Town of the discovery. Recipient agrees that the provisions of Section 10 shall fully apply in the event of a failure by Recipient to stop work and immediately notify the Town.

B. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and Town's costs of investigating any claims against the Recipient.

10. Indemnification of Recipient. The Town, jointly and severally, for itself, its successors, agents, contractors and employees, agrees to indemnify, defend (with counsel acceptable to Recipient) and hold harmless Recipient, from and against any and all claims, injuries, property damages, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the "Losses") arising directly or indirectly, in whole or in part, out of the activities of the Town described in this Agreement, except to the extent such Losses are solely caused by the Recipient’s acts or omissions of gross negligence or willful misconduct. For purposes of Section 10 and 11 only, the term "cleanup actions" shall refer to such actions as are necessary to remediate damage caused directly or indirectly by the Town, its employees, agents, contractors, or subcontractors. For the purposes of the indemnity obligation under Section 10 and 11, "activities of Town" includes acts or

4 omission of Town or its employees, sub-grantees, invitees, contractors, subcontractors or agents relating to the Town’s performance of this Agreement. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and Recipient’s costs of investigating any claims against the Town.

11. Encroachment Permit. Recipient shall apply for an Encroachment Permit for all Deployment work and each job within the Public Right-of-Way. Recipient shall furnish detailed plans of the work, including proposed underground and overhead routes, and other such information as required by the City Engineer and shall pay all processing, field marking, engineering and inspection fees, and any other fees that the Town may be authorized to impose now or in the future prior to issuance of the permit in accordance with the rates in effect at the time of payment. All proposed work shall be constructed in accordance with Laws, and as further provided for in the provisions of this Agreement. The Town may, at its option, require Recipient to deposit an amount equal to the reasonable estimate of the Town's actual costs of issuing an Encroachment Permit. Recipient shall pay such deposit in the amount specified by the Town prior to the issuance of an Encroachment Permit. Town shall be entitled to draw on this deposit on a time and materials basis as reimbursement for the Town's actual costs incurred in issuing the Encroachment Permit.

The Town shall refund any unused portion of the deposit to Recipient upon completion of the work described in the Encroachment Permit. If, in the event that Town reasonably determines that the amount of the deposit remaining will not be sufficient to reimburse the Town for its estimated actual costs through completion of the work, Town may require and Recipient shall replenish the deposit as required by the Town within five (5) days of written notice thereof. Failure to comply with the terms and conditions of this Agreement may, at Town's sole discretion, result in withholding issuance of any new Encroachment Permits.

12. Insurance.

A. Prior to the issuance of an encroachment permit, Recipient shall obtain and maintain comprehensive general and automotive liability insurance protecting Recipient in an amount of not less than Two Million Dollars ($2,000,000) per occurrence, including bodily injury and property damage, as a combined single limit or equivalent. Such insurance shall name Town, as defined above, as additional insured parties. Coverage shall be in accordance with the limits specified and the provisions indicated herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, it must follow the form of the underlying coverage. Such insurance shall not be canceled or materially altered to reduce coverage without giving Town at least thirty (30) days advance written notice of such cancellation or change, and it shall be the responsibility of Recipient to notify Town of such change or cancellation. This insurance shall apply to all encroachment permits issued under this Agreement.

B. Recipient shall file the required original Certificate of Insurance with endorsements with Town, subject to Town's approval, and shall clearly state:
i. Policy number; name of insurance company; name, address and telephone number of agent or authorized representative; name, address and telephone

5 number of insured; project name and address; policy expiration date; and specific coverage amounts.
ii. That Recipient’s insurance is primary.

C. Workers Compensation Insurance: Prior to the issuance of an encroachment permit, either the Recipient will obtain of the Recipient will ensure that contractors or employees performing work obtain and maintain statutory Workers Compensation and employer's liability insurance as required by law and furnish Town with a certificate showing proof of such coverage. The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from Recipient’s performance of this Agreement.

D. Insurance Companies: Insurance companies must be admitted in California and rated at least A- in Best's Insurance Guide.

13. Compliance with all Applicable Laws.

A. Recipient shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement.

B. The Recipient and any subrecipients performing services on behalf of the Recipient will not unlawfully discriminate or permit discrimination, harass, or allow harassment against any person or group of persons because of race, color, religious creed, national origin, ancestry, age (over 40), sex, gender, gender identity, gender expression, sexual orientation, marital status, pregnancy or childbirth (including related conditions), medical condition (including cancer), mental disability, physical disability (including HIV and AIDS), genetic information, or military and veteran’s status, or in any manner prohibited by federal, state, or local laws. In addition, Recipient must not unlawfully deny any of their employee’s family care leave or discriminate against such employees on the basis of having to use family care leave. Recipient must ensure that the evaluation and treatment of their employees and applicants for employment is free of such discrimination and harassment.

C. Recipient shall comply with the requirements of the Secretary of Labor and the latest amendments to: Executive Orders 11246 and 11375, as supplemented in Department of Labor regulations (41 C.F.R. chapter 60); the Copeland “AntiKickback” Act (18 U.S.C. § 847) as supplemented in Department of Labor regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §§ 1701 et seq.); Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5301 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 et seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 701 et seq.)

6 14. Payment of Taxes; Tax Withholding. Recipient is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Recipient must provide Town with a valid California Franchise Tax Board form 590 (“Form 590”). Unless Recipient provides Town with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, Town may withhold California taxes from payments to Recipient as required by law. Recipient shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subrecipients. Recipient accepts sole responsibility for withholding taxes from any nonCalifornia resident subrecipient and shall submit written documentation of compliance with Recipient’s withholding duty to Town upon request.

15. Patents. The Recipient shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the Town of Los Altos Hills, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes.

16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both Recipient and Town shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth in this Agreement.

17. Prevailing Party. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding.

18. Termination. Town may terminate or suspend this Agreement at any time and without cause upon written notification to Recipient. Upon receipt of notice of termination or suspension, Recipient shall immediately stop all work in progress under this Agreement. The Town’s right of termination shall be in addition to all other remedies available under law to the Town.

19. Breach of Agreement. If Recipient materially breaches any of the terms of this Agreement, Town’s remedies shall include but not be limited to the following:

A. Immediately terminate the Agreement;
B. Recover all Grant Funds expended upon demand;

20. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

7 21. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties.

22. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of Town shall be personally liable to Recipient in the event of any default or breach by Town or for any amount which may become due to Recipient pursuant to this Agreement.

23. Execution in Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.

24. Choice of Law; Venue. The applicable law shall be that of the State of California.

25. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows:

Recipient:
[Name, Title]
Los Altos Hills Community Fiber
[Address]
Town:

Peter Pirnejad
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022

8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above.

TOWN: RECIPIENT:

By: ____________________________ By: ____________________________ Peter Pirnejad Print Name: _____________________
City Manager
Title: __________________________
APPROVED AS TO FORM:

By: ____________________________
Steve Mattas
City Attorney

EXHIBIT A – SCOPE OF WORK
[Version date September 10, 2024]
TASK A. Town Hall SOW
A1. Design and engineer a network extension within the Fremont Road ROW from the existing Los Altos Hills Community Fiber vault near Fremont Pines Lane to Town Hall, with crossings at Manuella Road, La Paloma Road, Concepcion Road, and Town Hall, as shown in Alignment Map A. Draft permit drawings, pay permit fees, obtain permit approval, and close permit upon completion.

A2. Install 2,650 feet of 8-way hybrid Dura-Line FuturePath (7 14/10 microducts, one 18/14 microduct, one #20 tracer wire) by Horizontal Directional Drilling within the Fremont Road ROW.

A3. Install 16 Hubbell PenCell HDPE underground vaults, Tier 22 rated, 17”x30”x24”D with concrete covers accessible at the surface. Rodent protection to be installed with base rock and gopher wire per NLI standards. All efforts will be made to avoid installing vaults in designated Pathways.

A4. Potholing to be performed in accordance with industry standards to avoid utility conflicts. All potholes to be backfilled to Town of Los Altos Hills standards.

A5. Blow 3,100 feet of 288-fiber ribbonized G.652.D fiber optic cable through the length of the 18/14 microduct, leaving no less than 20 feet of slack in each vault passed.

A6. Splice the newly blown cable to existing LAHCF fiber and install one splice closure to protect the splices.

A7. Install existing LAHCF head-end cabinet within Fremont Road ROW adjacent to and north of Town Hall near location shown. Exact location to be approved by the Town during the permit process. Install bollards to protect the cabinet from vehicular impact.

A8. Install estimated 140 feet of 14/10 HDPE microduct to the Purissima Hills Water District offices adjacent to Town Hall. Push or blow 6-fiber G.652.D cable from the head end to a new demarcation point in the public right of way. Splice 6 fibers.

A9. Traffic control and notifications to the Town and the public to be provided per Town of Los Altos Hills standards during any obstructions to the Traveled Way.

A10. [Not NLI SOW, but included as an allowance in the Cost Table] Submit an application to PG&E for new electrical service at the Town Hall cabinet. Pay for design and installation at PG&E standard telecom rates.

Alignment Map A – Town Hall SOW
TASK B. Stonebrook / Prospect / La Loma SOW
B1. Design and engineer a network extension from the existing Los Altos Hills Community Fiber vault on La Loma Drive, via La Loma Drive ROW, thence via Prospect Avenue ROW, thence via Stonebrook Drive ROW to a new vault at the intersection of Stonebrook Drive and El Monte Road, as shown in Alignment Map B. Draft permit drawings, pay permit fees, obtain permit approval, and close permit upon completion.

B2. Install 5,050 feet of 7-way 18/14 Dura-Line FuturePath with tracer wire by Horizontal Directional Drilling.

B3. Install 21 Hubbell PenCell HDPE underground vaults, Tier 22 rated, 17”x30”x24”D with concrete covers. Rodent protection to be installed with base rock and gopher wire per NLI standards. All efforts will be made to avoid installing vaults in designated Pathways.

B4. Potholing to be performed in accordance with industry standards to avoid utility conflicts. All potholes to be backfilled to Town of Los Altos Hills standards.

B5. Blow 5,600 feet of 288-fiber ribbonized G.652.D fiber optic cable through the length of the coupled microduct, leaving no less than 20 feet of slack in each vault passed.

B6. Splice the newly blown cable to existing LAHCF fiber at the intersection of La Loma Court and La Loma Drive and install one splice closure to protect the splices.

B7. Traffic control and notifications to the Town and the public to be provided per Town of Los Altos Hills standards during any obstructions to the Traveled Way.

Alignment Map B – Stonebrook / Prospect / La Loma SOW

TASK C. Stonebrook to ARK via Foothill College SOW
C1. Design and engineer a network extension from the Los Altos Hills Community Fiber vault at the intersection of Stonebrook Drive and El Monte Road, as described in B1 above, to the CERT Foothill ARK as shown in Alignment Map C. Draft permit drawings, pay permit fees, obtain permit approval, and close permit upon completion.

C2. Install 450 feet of 7-way armored 18/14 Dura-Line FuturePath by Horizontal Directional Drilling.

C3. Install 2 Hubbell PenCell HDPE underground vaults, Tier 22 rated, 17”x30”x24”D with concrete covers. Rodent protection to be installed with base rock and gopher wire per NLI standards. All efforts will be made to avoid installing vaults in designated Pathways.

C4. Potholing to be performed in accordance with industry standards to avoid utility conflicts. All potholes to be backfilled to Town of Los Altos Hills standards.

C5. Install up to 600 feet of 6-fiber G.652.D fiber optic cable to connect CERT Foothill ARK to upstream fiber provided by Foothill De Anza Community College District. Splice 6 fibers and protect splices with a splice case.

C6. Splice the newly blown cable to existing LAHCF fiber at the intersection of Stonebrook Drive and El Monte Road if needed and install one splice closure to protect the splices.

C7. Traffic control and notifications to the Town and the public to be provided per Town of Los Altos Hills standards during any obstructions to the Traveled Way.

Alignment Map C – Stonebrook to ARK via Foothill College SOW

14 EXHIBIT B – CONSTRUCTION ESTIMATE
Cost Table A – Town Hall SOW
Underground
Construction $196,156
Traffic Control incl.

Other
Professional
Services $27,331
Engineering
and Design $7,706
Permitting $5,885
PG&E Power
Allowance $10,000

9.13% Sales
Tax on
Material $3,353
Total $250,431
Cost Table B – Stonebrook / Prospect / La Loma SOW
Underground
Construction $367,492
Traffic Control incl.

Other
Professional
Services $55,576
Engineering
and Design $14,661
Permitting $11,025

9.13% Sales
Tax on
Material $5,328
Total $454,082

15 Cost Table C – Stonebrook to ARK via Foothill College SOW Underground
Construction $42,054
Traffic Control incl.

Other
Professional
Services $11,617
Engineering
and Design $1,363
Permitting $1,262

9.13% Sales
Tax on
Material $1,408
Total $57,704

16 EXHIBIT C

MASTER ACCESS AGREEMENT

MASTER ACCESS AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS

AND LOS ALTOS HILLS COMMUNITY FIBER FOR THE INSTALLATION OF

FIBER OPTIC NETWORK FACILITIES WITHIN PUBLIC RIGHT- OF- WAY This Master Access Agreement (" Agreement"), dated this 2nd day of September 2021 (" Effective Date") by and between the TOWN OF LOS ALTOS HILLS, a municipal corporation ( herein termed " Town"), and LOS ALTOS HILLS COMMUNITY FIBER, a 501( c)( 6) membership -based nonprofit corporation ( herein termed " LAHCF").

RECITALS
A. LAHCF is a community- based private nonprofit group that desires to construct, install and maintain certain Fiber Optic Network Facilities ( defined below) within the Public Right -of -Way s within the Town in order to deploy broadband internet services to and for the benefit of LAHCF' s members; and
B. As it is not a public utility or a telecommunication services provider operating under California or federal law, and does not provide any voice communication products, LAHCF is not eligible to obtain a Competitive Local Exchange Carrier (" CLEC") or other local service provider or interexchange carrier license or certificate from the California Public Utilities Commission ( CPUC), nor is it eligible to apply for or receive a state video franchise from the CPUC pursuant to the Digital Infrastructure and Video Competition Act of 2006 (DIVCA); and
C. The Town manages the public streets, roads and right of way within Los Altos Hills and has the authority to permit access to and regulate the terms and conditions for the use of Public Right -of -Way ( defined below), including the proposed construction, installation and maintenance of the Fiber Optic Network Facilities by LAHCF; and D. In order to encourage expansion of broadband internet services within the Los Altos Hills community and to promote the management of the Public Right -of -Way in the interest of public health, safety, and welfare, the Town desires to permit LAHCF to construct Fiber Optic Network Facilities in accordance with the terms, conditions, and covenants contained in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, Town and LAHCF agree as follows:

1. DEFINITIONS.

1. 1. " Authorized Routes" shall mean the Public Right -of -Way within the Town as set forth on the maps attached as Exhibit A, as such routes may be modified from time to time during the term of this Agreement upon LAHCF' s request and with the written approval of the City Engineer.

1. 2. " Town" means the Town of Los Altos Hills, a municipal corporation of the State of

California, and includes the duly elected or appointed officers, agents, employees, and volunteers of the Town of Los Altos Hills, individually or collectively.

1. 3. " City Engineer" means the individual so designated by the Town in its Public Works Department.

1. 4. " LAHCF" shall mean Los Altos Hills Community Fiber, and its lawful successors or assigns as permitted by the Town pursuant to Section 16. 1 of this Agreement.

1. 5. " Default" shall mean a failure on the part of any party to perform any material obligation imposed upon such parry.

1. 6. " Emergency" is defined as a complete or partial failure or breakage of any portion of the Town infrastructure which impacts services. An emergency repair is defined as remedial activity to protect the public health and safety, in the judgment of the Town at its sole discretion.

1. 7. " Encroachment Permit" shall mean that permit required by Title 7, Chapter 2 of the Los Altos Hills Municipal Code.

1. 8. " Force Majeure" means an unforeseen cause beyond a party' s control, and that could not be avoided or mitigated by that party with due diligence, including but not limited to; any incidence of fire, flood, explosion, war, or embargo; acts of God; commandeering of materials, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing, and that could not be avoided or mitigate by that party with due diligence.

1. 9. " Laws" means any applicable order, certificate, judicial decision, statute, constitution, ordinance, resolution, regulation, rule, tariff, administrative order, authorization, permits, or other requirement of any municipality, county, state, federal, or other agency having joint or several jurisdiction over the parties to this Agreement, in effect either at the time of execution of this Agreement or at any time during the location of the Facilities in the Public Right -of -Way including, without limitation, any regulation or order of an official entity or body. A reference to "Laws" shall include, without limitation, any provision ofthe Los Altos Hills Municipal Code or any other Town ordinance, policy, regulation, or standard specifications.

1. 10. " Public Right -of -Way' or " Right of Way" means the surface, the air space above the surface, and the area below the surface of the paved and unpaved public streets, roads, sidewalks, lanes, courts, ways, alleys, boulevards, and places that are owned and/ or managed by the Town., and, subject to Section 2. 1 below, public utility easements (" PUE") that are owned and/ or managed by the Town to the extent that a grant of use under this Agreement is consistent with the scope of the easement. This term shall not include any property owned by any person or agency other than the Town, except as provided by Laws or pursuant to an agreement between the Town and any person in which the Town has acquired the rights to allow third party access over such property or portion of property.

11. " Fiber Optic Network Facilities" or " Facilities", means cables, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location markers, appurtenances, and related facilities located by LAHCF or to be located by LAHCF in the Public Right -of -Way of Town and used for the deployment of broadband internet services to and for the benefit of LAHCF' s members only. No portion of "Facilities" shall constitute all or any portion of a cable system ( as such term is defined in 47 U.S. C. § 522) or community antennae television system.

2. LIMITATIONS AND RESTRICTIONS.

2. 1. Subject to the provisions ofthis Agreement and all Laws, the Town hereby permits LAHCF to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove, and replace, and any related work thereto (hereinafter collectively referred to as " Deploy" or " Deployment") the Facilities in, under, over, across and along the Public Right -of -Way in the Authorized Routes for the purposes of deploying broadband internet services to and for the benefit of LAHCF' s members only. Any work performed pursuant to the rights granted to LAHCF under this Agreement shall be subject to the prior review and prior approval of the City Engineer. No authority shall be provided for Deployment of the Facilities within PUEs except in the event that LAHCF becomes a public utility and receives a Certificate of Public Convenience and Necessity (" CPCN") from the CPUC, or if the owner of the property subject to the PUE consents to LAHCF utilizing said easement.

In the event that LAHCF attains such status, or obtains property owner consent, and desires to utilize PUEs, LAHCF shall provide the Town with notice and evidence of its receipt of a CPCN, or evidence of the consent of the property owner. LAHCF shall also provide the Town with a map of the locations of the PUE( s) that LAHCF desires to utilize and indicate whether such PUEs are within or outside of any Authorized Routes. LAHCF' s use of PUEs shall be subject to the Town' s City Manager, or his or her designee, reviewing and approving the foregoing submittals and issuing a written approval for LAHCF to utilize such PUEs.

2.2. Prior to any Deployment by LAHCF in any section of the Authorized Routes as described more particularly in the maps under Exhibit A, LAHCF shall obtain the City Engineer' s approval, consistent with all applicable laws and standards, including a Town Encroachment Permit as provided by Section 11 of this Agreement, and all other necessary authorizations.

2. 3. Except as permitted by Laws or this Agreement, in the performance and exercise ofits rights and obligations under this Agreement, LAHCF shall not interfere in any manner with the existence and operation of any and all public and private rights- of-way, easements, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, vegetation and landscape, and other telecommunications, utility and municipal property without the approval of the owner( s) of the affected property or properties.

2.4. Both the Town and LAHCF shall expressly comply with all Laws in the exercise and performance of their rights and obligations under this Agreement. Each party preserves all of its rights under all Laws.
3

2. 5. This Agreement is not a grant by Town of any property interest but is made subject and subordinate to the prior and continuing right of Town and its assigns to use all the Public Right -of -Way in the performance of its duty, including but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and removing Town -owned sanitary sewers, water main, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television, vegetation and landscape, and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in said Public Right -of - Way.

2.6. This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title which may affect the Public Right -of -Way, and it is understood that LAHCF, at its own cost and expense, shall obtain such permission as may be necessary and consistent with any other existing rights.

2. 7. The Deployment of said Facilities shall be accomplished without cost or expense to Town, and shall be performed subject to the approval of the City Engineer in such a manner as not to endanger personnel or property, or unreasonably obstruct travel on any road, walk or other access thereof within said Public Right -of -Way and consistent with Laws and all applicable Town permits, authorizations and approval standards.

2. 8. In the event of an emergency repair of Town facilities in proximity to LAHCF facilities, which repair may conflict with or threaten LAHCF Facilities, LAHCF shall immediately, upon notice by Town, provide a representative to the repair site. Protective measures, as determined by the LAHCF representative, at the election of the Town, may be undertaken by the Town at LAHCF' s expense. Should Town not elect to perform such protective action, LAHCF shall provide the resources to conduct the protective measures upon Town's demand under the direction of the Town and in a manner consistent, in the Town' s sole discretion, with the execution of the Town' s responsibilities in the emergency. Priority shall be given to activities necessary to restore Town services and for public health, welfare and safety.

2.9. Any additional routes or work in the Town' s Public -Right -of way that are outside of the Deployment contemplated herein or not included in the routes outlined in Exhibit A will require prior written approval by the Town and an amendment to this Agreement.

3. TERM AND TERMINATION.

3. 1. Duration. This Agreement shall remain in force and effect for ten ( 10) years from the Effective Date, subject to the Town' s authority to regulate the terms and conditions of LAHCF' s use of the Public Right -of -Way. If none of the grounds for termination listed in Section 3. 2 of this Agreement exist at the end of the initial term ( or any Renewal Term), the Agreement shall automatically renew for consecutive five ( 5) year periods ( each a " Renewal Term") on the same terms and conditions unless either party provides written notice to the other party at least six ( 6) months prior to the expiration of the then -current term stating it does not wish to renew the Agreement.

3. 2. Termination. The Town may terminate this Agreement by giving ninety ( 90) days' notice:
4

3. 2. 1. As a result of a determination by Town at its sole discretion that the provisions herein interfere with the use or disposal of the Public Right -of -Way or any part thereof by Town where only a portion of LAHCF' s Facilities interfere with the use or disposal of the Public Right -of -Way, the Town, at its sole discretion may elect to require LAHCF to relocate the said portion in accordance with Section 9 " Removal and Relocation" of this Agreement.

3. 2. 2. For failure, neglect, or refusal by LAHCF to fully and promptly comply with any and all of the conditions of this Agreement, for failure to fully and promptly cure any default of its obligations hereunder of which the Town has notified LAHCF in writing, or for nonuse/ abandonment in accordance with Section 9 " Removal and Relocation" herein, unless LAHCF confirms within thirty (30) days of receipt of the notice that the cited condition or default has ceased, been corrected or, subject to the Town' s approval, is diligently being pursued or being cured by LAHCF. If such cited condition cannot be cured within thirty ( 30) days, such cure period will be extended for a reasonable period at the sole discretion of the Town reasonably exercised, provided that LAHCF has commenced and is continuing efforts to cure the default. For the purposes of this section, a failure on the part of any party to perform any material obligation imposed upon such party shall constitute a default and a material breach of this Agreement. Notwithstanding anything to the contrary herein, LAHCF shall not be found in default, liable for damages, or otherwise penalized, in the event that any failure to comply with any term or condition of this Agreement is a result of LAHCF suffering a Force Majeure condition.

3. 2. 3. An order entered by a court of competent jurisdiction approving a petition in bankruptcy or ordering the dissolution, winding up or liquidation of LAHCF or appointing a custodian, receiver, trustee, or other officer to administer a substantial part of LAHCF' s property.

3. 2. 4. The revocation, expiration or other loss of applicable permits or authorizations required by Town, state or federal law for the use, maintenance or operation of the Facilities.

3. 2. 5. The nature or character of LAHCF' s operation has changed to include additional voice/ telecommunication services, cable ( television) service ( as such term is defined in 47 U. S. C. § 522), open video system ( as such term is described in 47 U.S. C. 5 573), or broadcast television or community antenna.

3. 2. 6. LAHCF has failed to comply with the Assignment provisions pursuant to Section

16. 1.

3. 3. LAHCF may terminate this Agreement at any time upon ninety (90) days prior written notice to Town.

3. 4. Upon termination, LAHCF shall abandon or remove the Facilities as set forth in Section 9 Removal and Relocation" of this Agreement. Any amount of bond or security required by this Agreement that has not been drawn down and remain with the Town upon the Facilities

being fully removed from the Public Right -of -Way shall be returned to LAHCF within thirty 30) days thereof.

4. COMPLIANCE WITH STANDARDS.

4. 1. Prior to any Deployment in Public Right -of -Way, LAHCF shall obtain an Encroachment Permit from the Town. LAHCF shall deploy Facilities in accordance with Laws.

4.2. LAHCF agrees to keep said Facilities in good and safe condition and free from any nuisance, to the satisfaction ofthe City Engineer.

4.3. All Facilities constructed pursuant to this Agreement shall be in accordance with Laws and all generally applicable Town authorization, permits from the Town's Planning, Building, and Engineering Departments, and approval requirements. Where facilities of incumbent local exchange carrier, electric or cable company, or other utility are aerial in a particular location, the Town will not require construction of new underground Facilities if LAHCF, at its sole cost and expense, has obtained permission from the incumbent utility, company or carrier that LAHCF Facilities may share the aerial or pole space with the incumbent facilities.

5. MAINTENANCE AND OPERATION.

5. 1. LAHCF shall, at its sole cost and expense, maintain and promptly repair any damage to the Facilities whenever repair or maintenance is required, subject to obtaining an Encroachment Permit from the Town as required by this Agreement. All work by and on behalf of LAHCF shall: ( a) be performed by duly licensed and bonded contractors or mechanics; ( b) be performed in a manner and using equipment and materials that will not interfere with or impair the Town' s operations; and ( c) comply with all Laws and applicable Town requirements including Encroachment Permit requirements.

5. 2. The permission to access the Public Right of Way granted by the Town pursuant to this Agreement is intended to permit the deployment of broadband internet services to and for the benefit of LAHCF' s member only. LAHCF may not permit any third parry to deploy any facilities or equipment in the Right of Way unless specifically provided for in this Agreement. This Agreement does not create any ownership, property rights, or other rights to access, use or operate LAHCF Facilities in the Right of Way.

6. RESERVATION OF RIGHTS.

6. 1. Town reserves any and all rights it may have now or in the future to legally regulate or otherwise condition the use of Facilities and related activities and services to be provided pursuant to this Agreement.

6. 2. Town' s approval of this Agreement is not a waiver of and is without prejudice to any right Town may have under Laws to regulate, tax or impose fees or charges on LAHCF. LAHCF shall be subject to any future taxes, fees or charges that Town lawfully imposes on the Facilities or services provided through the Facilities in the future.

6. 3. The Town' s approval or execution of this Agreement does not constitute a waiver of its ability to collect payment from LAHCF for the access and use of the Right of Way pursuant to this Agreement consistent with state licensing provisions or applicable Laws.

7. NO FRANCHISE OR PROPERTY RIGHTS CREATED. Nothing in this Agreement shall be construed as granting or creating any franchise rights or property interests, and shall not be construed as creating a vested right of any nature in LAHCF to use the Public Right -of -Way.

This Agreement does not require Town to approve any particular encroachment permit applications, issue any approvals, nor does it provide LAHCF with any interest in any particular location within the Public Right -of -Way.

8. TAXES. LAHCF shall be solely responsible for the payment of any and all lawful taxes, fees and assessments relating to its use and maintenance of the Facilities, including but not limited to any property taxes levied on any possessory interest that may be created by LAHCF' s use of the Public Right -of -Way.

9. REMOVAL AND RELOCATION.

9. 1. Upon receipt of a written demand from the Town, LAHCF shall remove or relocate, without cost or expense to Town, any Facilities installed, used and maintained under this Agreement to such other location or locations in accordance with conditions and standards as may be designated by Town, if and when made necessary ( a) due to any work proposed to be done by or on behalf of the Town or other governmental agency, including by any lawful change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground subway or viaduct by Town and/ or the construction, maintenance or operation of any other Town underground or aboveground facilities; or ( b) due to a determination by the Town that the Facilities are detrimental to governmental activities, including but not limited to, interference with Town construction projects, or are in conflict vertically and/ or horizontally with any proposed Town installation.

9. 2. LAHCF shall complete such removal or relocation within sixty ( 60) days of notification by Town, or according to an agreed upon schedule with the Town of no less than sixty ( 60) days, except in the event LAHCF suffers a Force Majeure. If circumstances exist that require a shorter period of time in order to protect the public health, safety, or welfare, the Town shall notify LAHCF of the shorter time period required and the reason wherefore and LAHCF shall complete removal or relocation within that shorter time period. The Town' s City Manager or his or her designee, at his or her sole discretion, may grant to LAHCF a longer period of time in which to remove or relocate the Facilities, upon request of LAHCF.

9. 3. In the event said Facilities are not removed or relocated within ninety ( 90) days ( or other time period if applicable) after said notification and LAHCF has not suffered a Force Majeure, Town may cause the same to be done at the sole expense of LAHCF, which LAHCF shall promptly reimburse to the Town within thirty ( 30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. Any removal or relocation work by LAHCF shall only be done pursuant to a Town Encroachment Permit for the work. The Town shall have the right to draw against the bond or security provided for in Section 15. 2 to effectuate the requirements of this section.

9.4. Ifany portions ofthe Facilities covered under this Agreement are no longer used by LAHCF, or are abandoned for a period in excess of six ( 6) months, LAHCF shall notify Town and shall either promptly vacate and remove the facilities at its own expense or, at Town' s discretion, may abandon some or all of the facilities in place. The Town's City Manager or his or her designee, at his or her sole discretion, may grant to LAHCF a longer period of time in which to remove or relocate the Facilities, upon request of LAHCF. Following such removal or abandonment as approved by the Town, LAHCF shall have no further obligations to the Town under this Agreement with respect to the removed or abandoned portions of the Facilities except that the provisions of this Agreement that are intended to survive termination shall continue to apply. All abandoned Facilities or portions of the Facilities pursuant to this section shall become Town property for the Town' s use at its sole discretion.

9. 5. When removal or relocation are required under this Agreement, LAHCF shall, after the removal or relocation of the Facilities, at its own cost, repair and return the Public Right -of - Way on which the Facilities were located to a safe and satisfactory condition in accordance with the construction -related conditions and specifications as established by Town according to its standard practice. Should LAHCF remove the Facilities from the Public Right -of -Way, LAHCF shall, within five (5) days after such removal, give notice thereof to Town specifying the Right -of -Way affected and the location thereof as well as the date of removal. Before proceeding with removal, relocation, restoration or repair work, LAHCF shall obtain an Encroachment Permit from the Town and all removal, relocation, restoration or repair work shall be subject to Town inspection to ensure that the requirements provided under this Agreement have been met. If LAHCF fails to perform or complete said repair work, the Town shall have the option to perform such work at LAHCF' s sole expense, which LAHCF shall promptly reimburse to the Town within thirty (30) days after receiving an invoice for such expenses, including all administrative, legal and consultant costs. The Town shall also have the right to draw against the bond or security provided for in Section 15 to effectuate the requirements of this section.

10. ENCROACHMENT PERMIT AND FEES; PROVISION OF ADDITIONAL FACILITIES.

10. 1. Encroachment Permit. LAHCF shall apply for an Encroachment Permit for all Deployment work and each job within the Public Right -of -Way. LAHCF shall furnish detailed plans of the work, including proposed underground and overhead routes, and other such information as required by the City Engineer and shall pay all processing, field marking, engineering and inspection fees, and any other fees that the Town may be authorized to impose now or in the future prior to issuance of the permit in accordance with the rates in effect at the time of payment. All proposed work shall be constructed in accordance with Laws, and as further provided for in the provisions of this Agreement.

The Town may, at its option, require LAHCF to deposit an amount equal to the reasonable estimate of the Town' s actual costs of issuing an Encroachment Permit. LAHCF shall pay such deposit in the amount specified by the Town prior to the issuance of an Encroachment Permit. Town shall be entitled to draw on this deposit on a time and materials basis as reimbursement for the Town' s actual costs incurred in issuing the Encroachment Permit.

The Town shall refund any unused portion of the deposit to LAHCF upon completion of 8

the work described in the Encroachment Permit. If, in the event that Town reasonably determines that the amount of the deposit remaining will not be sufficient to reimburse the Town for its estimated actual costs through completion of the work, Town may require and LAHCF shall replenish the deposit as required by the Town within five ( 5) days of written notice thereof. Failure to comply with the terms and conditions of this Agreement may, at Town' s sole discretion, result in withholding issuance of any new Encroachment Permits.

10. 2. Additional Fiber -Optic Cables, Conduits and Pull boxes. LAHCF agrees that if it installs fiber- optic cable( s) as a part of the Deployment in one or more Authorized Routes, then LAHCF shall also install and dedicate to the Town ( via an effective instrument such as an irrevocable offer of dedication or a quit claim deed) up to four fiber optic cable strands as LAHCF has installed in the particular Authorized Route locations. The Town shall be able to use such dedicated fiber- optic cables boxes at its sole discretion, including but not limited to the provision of municipal services.

10.3. Lease of Facilities to Third Parties. LAHCF shall be permitted to enter into lease or collocation agreements with third party entities that provide services of a substantially similar nature as LAHCF, for the Facilities defined in this Agreement. LAHCF shall incorporate as a condition of any lease or collocating agreement that the lessee or collocating entity comply with all applicable Laws and Town regulations and standards.

LAHCF' s obligations described in this Agreement including but not limited to obligations to indemnify, repair, remediate, cure defaults, and remove facilities shall extend to cover the Deployment or activities arising directly or indirectly, in whole or in part, out of the actions or inactions of a lessee or collocating entity under such a lease or collocation agreement. The provisions of Section 7 of this Agreement shall apply to any third party lessee or collocating entity entering into an agreement with LAHCF.

11. DAMAGE TO FACILITIES IN PUBLIC RIGHT- OF- WAY.

11. 1. LAHCF shall be responsible for any damage to Public Right -of -Way due to any Deployment of the Facilities or any other work performed by LAHCF in Public Right -of - Way, and LAHCF shall repair, replace and restore in kind the said damaged facilities in accordance with Town standards at LAHCF' s sole expense.

11. 2. If Public Right -of -Way to be used by LAHCF has preexisting installation( s) placed in the Right -of -Way, LAHCF shall assume the responsibility to verify the location of the preexisting installation(s) and notify Town and any third party of LAHCF's proposed installation. The cost of any work required of Town to provide adequate space or required clearance to accommodate LAHCF' s installation shall be borne solely by LAHCF.

11. 3. If LAHCF fails to repair damages or meet the requirements of this Section 11, the Town shall have the ability to carry out the repair or other work required pursuant to this section at LAHCF' s sole expense by drawing down on the bond or security provided for in Section

15. 2.

12. RECORDS AND FIELD LOCATIONS.
9

12. 1. LAHCF shall maintain accurate maps and improvement plans of its Facilities located with the Town. LAHCF shall, within thirty ( 30) days after completion of an installation in the Public Right -of -Way, and otherwise upon demand of the City Engineer, deliver to the office of the Public Works Department free of charge, and to other third parties who have submitted permit applications to the Town to perform work within Public Right -of -Way for a reasonable charge and subject to reasonable confidentiality restrictions upon request, within thirty (30) days after such demand, such maps and plans as may be required to show in detail the exact location of all Facilities installed within said Public Right -of -Way that will be affected by such work. In addition, the City Engineer requires LAHCF to provide the Town with maps and plans on electronic media suitable for a Computer Aided Design and Drafting application. Town shall use such information only as needed to manage the Public Right -of -Way, including, but not limited to, coordination of construction schedules, prevention of interference among the various utilities and systems in the public right-of-way, and enforcement of building and zoning regulations. The parties acknowledge that the Town is subject to the requirements of the California Public Records Act, Government Code section 6250 et seq., and information provided by LAHCF to the Town would be considered a public record and must be provided upon request of a third party. If LAHCF desires to claim portions of submitted information as exempt from disclosure, it is incumbent upon LAHCF to clearly identify those portions as confidential or proprietary by placing a legend upon each affected page of such map or improvement plan. For information so designated by LAHCF as confidential or proprietary, Town shall notify LAHCF of a request to receive such information at least five ( 5) days prior to disclosure of information designated as confidential or proprietary and the Town may disclose such information within the timeframe required by the Public Records Act if LAHCF does not take any action to object to the requester the disclosure prior to that deadline.

The Parties further acknowledge that although the Public Records Act recognizes that certain confidential trade secret/ proprietary information may be protected from disclosure, the Town is not in a position to establish that the information submitted by LAHCF would be proprietary and exempt from disclosure. Thus, if a requester takes legal action seeking release of the materials it believes does not constitute trade secret/ proprietary information, LAHCF agrees to indemnify, defend and hold harmless the Town, its officers, agents and employees, from any judgment, fines, penalties, and award of attorneys' fees awarded against the Town in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the termination of this Agreement.

12. 2. LAHCF shall, at its sole cost and expense, expose by potholing to a depth of one ( 1) foot below the bottom of its subsurface Facilities, within thirty ( 30) days of receipt of a written request from Town to do so.

12.3. LAHCF and/ or its designee who may be managing and operating the network shall be a member of the regional notification center for subsurface installations ( Underground Services Alert) and shall field mark, at its sole expense, the locations of its underground Facilities upon notification in accordance with the requirements of Section 4216 of the State of California Government Code, as it now reads or may hereinafter be amended.

13. HOLD HARMLESS, RELEASE AND INDEMNIFICATION.
10

13. 1. Indemnification. LAHCF, jointly and severally, for itself, its successors, agents, contractors and employees, agrees to indemnify, defend ( with counsel acceptable to Town) and hold harmless Town, its officers, employees and agents and any successors to Town' s interest from and against any and all claims, injuries, property damages, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney' s fees and costs of defense ( collectively, the " Losses") arising directly or indirectly, in whole or in part, out ofthe Deployment ofthe Facilities or activities of LAHCF described in this Agreement, except to the extent such Losses are solely caused by the Town's acts or omissions of gross negligence or willful misconduct. For purposes of this section 13 only, the term " cleanup actions" shall refer to such actions as are necessary to remediate damage caused directly or indirectly by LAHCF, its employees, agents, contractors, or subcontractors. For the purposes of the indemnity obligation under this section 13, " activities of LAHCF" includes acts or omission of LAHCF or its employees, sub -grantees, invitees, contractors, subcontractors or agents relating to the LAHCF' s performance of this Agreement.

13. 1. 1. In the event that LAHCF, its employees, agents, contractors, or subcontractors shall discover contamination or hazardous materials while performing any work in the public right-of-way, regardless of the source, LAHCF shall cause all work to be stopped and shall immediately notify Town of the discovery. LAHCF agrees that the provisions of this Section 13 shall fully apply in the event of a failure by LAHCF to stop work and immediately notify the Town.

13. 1. 2. The foregoing indemnity shall include, without limitation, reasonable fees of attorneys, consultants and experts and related costs and Town' s costs of investigating any claims against the Town.

13. 2. Assumption of Risk and Release. LAHCF assumes all risk of injury and damage to any and all other property of LAHCF, or any property under the control or custody of LAHCF while upon or near the Public Right -of -Way incident to the use of the Public Right -of -Way, except to the extent such Losses arise from the Town's sole intentional or grossly negligent acts or omissions. LAHCF releases Town from any and all losses relating to Deployment of the Facilities, all works, incidents, operations, and any other matter arising from or related to this Agreement, including but not limited to claims for damages or extra compensation, costs relating to relocation, costs arising from construction delays due to any activities or work by Town, except to the extent such Losses arise from the Town' s sole intentional or grossly negligent acts or omissions. Under no circumstances shall Town be liable to LAHCF for any loss of service downtime, loss of use, lost revenue or profits, additional costs or expenses incurred, or third -party damages whatsoever.

13. 3. Survival. LAHCF' s obligations, assumptions and release under this section 13 shall survive termination of this Agreement.

14. INSURANCE.

14. 1. Prior to the issuance of an encroachment permit, LAHCF shall obtain and maintain 11

comprehensive general and automotive liability insurance protecting LAHCF in an amount of not less than Two Million Dollars ($ 2, 000, 000) per occurrence, including bodily injury and property damage, as a combined single limit or equivalent. Such insurance shall name Town, as defined above, as additional insured parties. Coverage shall be in accordance with the limits specified and the provisions indicated herein. Claims -made policies are not acceptable. When an umbrella or excess coverage is in effect, it must follow the form of the underlying coverage. Such insurance shall not be canceled or materially altered to reduce coverage without giving Town at least thirty ( 30) days advance written notice of such cancellation or change, and it shall be the responsibility of LAHCF to notify Town of such change or cancellation. This insurance shall apply to all encroachment permits issued under this Agreement.

14.2. LAHCF shall file the required original Certificate of Insurance with endorsements with Town, subject to Town' s approval, and shall clearly state:
a. Policy number; name of insurance company; name, address and telephone number of agent or authorized representative; name, address and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts.
b. That LAHCF's insurance is primary.

14. 3. Workers Compensation Insurance: Prior to the issuance of an encroachment permit, LAHCF will ensure that contractors or employees performing work obtain and maintain statutory Workers Compensation and employer' s liability insurance as required by law and furnish Town with a certificate showing proof of such coverage. The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from LAHCF' s performance of this Agreement.

14.4. Insurance Companies: Insurance companies must be admitted in California and rated at least A- in Best' s Insurance Guide.

15. PERFORMANCE BOND; OTHER ASSURANCES AND SECURITY.

15. 1. Performance Bond. Prior to the issuance of an Encroachment Permit, LAHCF shall provide Town with a performance bond naming Town as obligee in the amount equal to one hundred percent ( 100%) of the estimated cost of the repairs to the Public Right -of -Way based on the City Engineer' s estimate to guarantee and assure the faithful performance of LAHCF's obligations under this Agreement, unless the Town has specifically waived this requirement in writing.

15. 1. 1. Town shall have the right to draw against the bond in the event of a default by LAHCF or in the event that LAHCF fails to meet and fully perform any of its obligations, after providing LAHCF with notice and an opportunity to cure and LAHCF has not cured or proceeded with a cure within thirty ( 30) days of the notice.

The form of the bond shall be subject to the prior approval of the City Engineer.

15. 1. 2. The bond shall remain in full force until one ( 1) year after the Construction is 12

completed, inspected and accepted by the Town Engineer.

15. 2. This Section 15 shall not be construed to eliminate or reduce LAHCF' s continuing obligation to repair any damage to the public right- of-way resulting from the installation, relocation or removal of the Facilities.

16. MISCELLANEOUS.

16. 1. Assignment. This Agreement shall not be assignable by LAHCF without the prior written approval of Town at the Town' s sole discretion.

16. 2. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or understandings ( whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties.

16. 3. Governing Law. This Agreement must be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. Any action concerning this Agreement must be brought and heard in the state or federal courts encompassing the Town of Los Altos Hills, California.

16. 4. Severability. If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement.

16. 5. Relationship; No Third Parry Beneficiaries. Nothing in this Agreement shall in any respect be interpreted, deemed or construed as constituting Town and LAHCF as partners or joint venturers, or as creating any partnership, joint venture, association or other relationship. This Agreement is not intended for the benefit of any specific person, entity or third party beneficiary other than the named parties hereto and no person or entity that is not specifically named as a party herein shall have any right to enforce the provisions of this Agreement.

16. 6. No Waiver. The failure of either party on one or more occasions to exercise a right or to require compliance or performance under this Agreement or any other applicable state or federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by such party nor to excuse the other party from complying or performing, unless such right or such compliance or performance has been waived in writing.

16. 7. Counterparts. This Agreement may be executed in two or more counterparts or by electronic means, each of which will be deemed an original, but all of which taken together will be one and the same instrument.
13

16. 8. Successors. This Agreement is binding upon the successors, assigns, and transferees in accordance with Section 16. 1 of the parties hereto.

16. 9. Construction. Both Town and LAHCF have had the opportunity to participate in the drafting of this Agreement and consult with legal counsel of their choosing. The Parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of either Parry.

16. 10. Authority to Execute. The individuals executing this Agreement warrant and represent that they have the full right, power, and capacity to act on behalf of the signing Party and have the authority to bind that Party to the performance of its obligations under this Agreement without the subsequent approval or consent of any other person or entity.

17. NOTICE. All notices given or which may be given pursuant to this Agreement shall be in writing and transmitted by United States mail or by private delivery systems or by facsimile if followed by United States mail or by private delivery systems as follows:

To Town at: To LAHCF at:

Town of Los Altos Hills Sean Corrigan
Director of Public Works Treasurer
26379 Fremont Road Los Altos Hills Community Fiber
Los Altos Hills, CA 94022 13920 Fremont Pines Lane,
650) 941- 7222 Los Altos Hills, CA 94062
With CC to:

David Barron
Next Level Networks
440 N Wolfe Rd
Sunnyvale, CA 94085
Signatures on the Following Page]
14

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the date and year first written herein.

LOS ALTOS HILLS COMMUNITY TOWN OF LOS ALTOS HILLS
FIBER
Los Altos Hills Co um Fiber City Manager
Board member
lr
1 1 / Date
Date
15 Approved as to Form:
rte
City Attorney
Attest:

City Clerk

ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.

State of California
County of ( 2aC( c_ i )
On
c_ _
before me,
insert name and title of the officer)
personally appea d
who proved to me on the basis of satisfactory evidence to be the person( s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
16 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111IiIlIIIIIIlI11111 Violeta M. Santa Gadea Lopez
COMM. # 2221353 r
LL NOTARY PUBLIC - CALIFORNIA in

SANTA CLARA COUNTY
Seal) = My Comm. Exp. Nov. 10, 2021
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIilllllllllllllllllllllllllllllllllllllllllllllll

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1 Arika Miller
From: Jim Waschura
Sent: Wednesday, October 16, 2024 6:45 PM
To: City Council
Cc: Arika Miller
Subject: Supplement for Item 8.A - Resolution Approving a Grant Agreement with Los Altos Hills Community Fiber to Install Underground Broadband Fiber Infrastructure at Priority Sites Dear City Council Members,
Some time ago, residents of the La Cresta neighborhood, along with others, initiated a request for the Los Altos Hills Community Fiber (LAHCF) to submit their broadband radio relay station in the La Cresta neighborhood to a Conditional Use Permit (CUP) as required by the Town’s Wireless Telecommunications Ordinance. Unfortunately, this effort stalled due to inaction, and the Town has yet to enforce the ordinance.

When the Town allocated $800,000 to LAHCF for the underground fiber connection near Rhus Ridge, La Cresta residents were informed by an LAHCF representative that this grant would lead to the removal of the controversial antennas on the La Cresta tower. Based on this understanding, the neighbors paused their efforts to push for ordinance enforcement, trusting that this would resolve the issue.

However, in today's staff report for item 8.A, there is a paragraph that raises concerns (emphasis added).

It suggests that the wireless link might remain, which contradicts the information previously communicated by LAHCF representatives:
"As a separate broadband fiber infrastructure project led by Foothill De Anza Community College District (District) and LAHCF, once the Foothill College campus is connected with underground fiber through Highway 280 from LAHCF fiber hub at O’Keefe Road, this stretch of Stonebrook/Prospect/La Loma can have redundant network coverage through the wireless point-to-point link and underground fiber network."
It is in the Town's best interest to proceed with the original plan to remove the wireless link and antennas in the La Cresta neighborhood once the underground fiber connection to the Rhus Ridge fiber island is completed, as LAHCF initially communicated. This approach would resolve the compliance issue in the best possible manner. Residents would receive internet service via professional-grade underground fiber rather than relying on makeshift installations in private backyards.

The Town has done a good job partnering with LAHCF to fund and enhance the professionalism of services for residents. To maintain this positive momentum, I urge you to approve the LAHCF Grant Agreement with the following amendment:
"Motion to approve the Grant Agreement between the Town of Los Altos Hills and Los Altos Hills Community Fiber as provided in the staff report, with the added condition that once the underground fiber is connected to the Rhus Ridge fiber island, the existing wireless link and relay station, including dish antennas in the La Cresta neighborhood, shall be dismantled and removed." ITEM 8A, Supplement 1

2 Thank you for your attention to this matter.

Sincerely,
Jim Waschura
Resident

ITEM 9A
THE TOWN OF LOS ALTOS HILLS October 22, 2024
Staff Report to the City Council
SUBJECT: 26140 Duval Way – File #CUP24-0001
Lands of Episcopal Laymens Group of Los Altos
Conditional Use Permit for a request for a 10-year renewal of an existing AT&Toperated wireless communications facility (monopine) at St. Luke’s Chapel in the Hills with no changes to equipment or structures.

CEQA review: Categorical Exemption per Section 15301(b).

FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

1. Adopt a resolution (Attachment 1) making a Categorical Exemption under CEQA pursuant to Section 15301(b) and approving the Conditional Use Permit, subject to the attached conditions of approval.

BACKGROUND:

The City Council initially approved the monopine structure and equipment area through Conditional Use Permit #139-08-CUP-IS-ND on January 8, 2009. One of the conditions of approval required that the CUP be renewed after ten (10) years. The wireless facility has been in continuous operation since installation; however, the Town did not receive a renewal request until May 14, 2024 with the current application. The Use Permit is expired and the applicant, AT&T Mobility (represented by Epic Wireless), is requesting a 10-year extension.

DISCUSSION:

A Conditional Use Permit renewal for a wireless facility can be approved if the City Council finds that the facility operates in compliance with the Town’s Wireless Communications Facilities Policy (see Attachment 3) and approved conditions of approval for the site. The subject property complies with the siting and co-location criteria in the Wireless Policy and conditions for landscaping, colors and structure are included in the CUP. The applicant’s response to the conditions is included in Attachment 6.

Staff conducted an inspection of the property and found it to be adequately maintained, clean, and generally in compliance with the previous conditions of approval. Members of the Environmental Design and Protection Committee also visited the property and found the facility to be in good condition. On September 18, 2024, the Planning Commission reviewed the proposal and voted 5-0-0 to forward a recommendation of approval to the City Council. The Planning Commission-recommended conditions of approval are included in the draft resolution (Attachment 1). A condition of approval is included requiring the wireless provider to augment the existing landscaping with two (2) 24-inch box trees/shrubs of similar species.

City Council Page 2
26140 Duval Way
October 22, 2024
NOTICING/PUBLIC OUTREACH:

The public was advised of this Public Hearing in the following ways:
• Mailing to property owners within 500-foot radius – October 11, 2024 • Posted at the project site – October 11, 2024
• Public Posting Places – October 15, 2024
• Town Website: www.losaltoshills.ca.gov – October 15, 2024 To date, staff has not received public comment regarding the proposed renewal. Public comment received after publication of the staff report but before the October 22, 2024, City Council meeting with be forwarded to the Council.

ENVIRONMENTAL REVIEW:

The proposed Conditional Use Permit renewal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA guidelines – No modifications to an existing facility.
2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as permit renewals are part of the standard conditional use permit approval process.

FISCAL IMPACT:

There is no fiscal impact to the Town for review of the conditional use permit as the Town required payment of an application fee of $880 and deposit of $6,000.00 to cover staff time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff time.

CONCLUSION
The facility is operating in compliance with previous conditions of approval and the Wireless Communications Facilities Policy. No changes to structures or equipment is proposed and the applicant has submitted a radio frequency report demonstrating that the facility is currently operating within FCC standards. Thus, staff recommends the City Council review the renewal request, conduct a public hearing, and adopt Attachment 1 Resolution [DRAFT], approving the conditional use permit, subject to conditions.

ATTACHMENTS

1. Resolution with Conditions of Approval [DRAFT]

2. File No. #139-08-CUP-IS-ND – Existing Conditions of Approval

3. Wireless Communications Facilities Policy

4. Staff Report from September 18, 2024 Planning Commission meeting

5. Radio Frequency Site Compliance Report

6. Applicant Narrative

7. Environmental Design and Protection Committee Report, dated August 23, 2024

City Council Page 3
26140 Duval Way
October 22, 2024

8. As-Built Plans (no modifications proposed) – Planning Commission only Report prepared by: Jonathan Fox, Associate Planner

Resolution CC _-24 Page 1
RESOLUTION CC _-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

MAKING A CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA AND

APPROVING A CONDITIONAL USE PERMIT RENEWAL FOR AN EXISTING WIRELESS COMMUNICATIONS FACILITY AT 26140 DUVAL WAY AND

IMPOSING CERTAIN CONDITIONS OF APPROVAL
WHEREAS, on January 8, 2009, the City Council approved Conditional Use Permit #139-08- CUP-IS-ND for a new monopine structure and equipment at 26140 Duval Way; and WHEREAS, on May 14, 2024, The Town of Los Altos Hills received an application for a Conditional Use Permit Renewal (CUP24-0001) from the wireless provider, AT&T Mobility represented by Epic Wireless, for an existing wireless communications facility at 26140 Duval Way (“Project”); and
WHEREAS, based on the record presented before it, the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) as the project scope is a renewal of an existing wireless facility with no changes to the facility; and WHEREAS, the project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing on the project on September 18, 2024, and considered all evidence, testimony, written documentation, and public comments and voted 5-0-0 to forward a recommendation of approval to the City Council; and NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301(b) and approves the Conditional Use Permit Renewal subject to the conditions contained in Exhibit “A” and incorporated herein by reference.

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 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: ___________________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________________________
Arika Miller, City Clerk

Resolution CC _-24 Page 2

EXHIBIT A

CONDITIONS OF APPROVAL
AT&T Mobility – 26140 Duval Way – File# CUP24-0001
PLANNING:

1. Any changes or revisions to the telecommunications facility or its use shall require an amendment to the applicable conditional use permit(s). Additionally, the Community Development Director many, at any time, schedule a review or revocation hearing before the Planning Commission regarding the use permit, if any condition of approval is not met or the facility being used inconsistently with the approved use or in violation of Town development codes.

2. In accordance with the Town’s Wireless Communications Policy, the applicant shall permit the collocation of other carrier’s wireless communications equipment at this facility.

3. The use permit shall expire ten (10) years from the date of approval. Renewal of the permit must be requested in writing, with appropriate fees, prior to the expiration date.

4. The applicant shall submit a signed agreement to the Town that should the use be discontinued by the carrier, all facilities will be removed not later than ninety (90) days after discontinuance of the use or abandonment. The agreement shall be signed by the applicant and submitted to the Town.

5. The monopine and equipment enclosure shall continue to be painted using appropriate colors that blend with the existing structures and the surrounding landscaped environment. All site landscape screening associated with the wireless site shall continue to be maintained and replaced as necessary.

6. The applicant may be required to correct any and all future interference problems experienced by neighbors with respect to reception problems caused by this facility.

7. The facility shall comply with the Radio Frequency Site Compliance Report submitted with the renewal application. At staff’s discretion, and not more than once a year, the Town may request that the site operator retain the services of qualified professionals to conduct testing of the radio frequency electromagnetic field emissions and provide a report of such testing in writing to the Community Development Department. The report shall compare the results of the testing to the applicable federal emission standards. If at any time the emission levels are shown not to comply with federal standards, the Conditional Use Permit shall be scheduled for a revocation hearing before the Planning Commission.

8. AT&T Wireless or the operator of the site shall be responsible for repair or repainting of the proposed facilities in case of vandalism or wear and must do so within 72 hours of notice by the Town that a complaint has been received.

9. The applicant is required to water sweep roads if soil material is carried onto public streets.

Resolution CC _-24 Page 3

10. The noise emissions from the ground equipment at the communications facility shall comply with the Town’s noise ordinance at all times.

11. Storage of construction materials, portable toilets and debris must be stored and staged on the subject property for this project. Temporary storage of construction boxes or construction materials must be kept on the property and out of any private easement or public right-ofway to permit emergency vehicle access during the construction project.

12. Promptly following renewal of the Conditional Use Permit, the wireless provider shall augment the existing landscaping with two (2) 24-inch box trees/shrubs of similar species to be planted downslope of the facility. All required landscape screening shall be inspected by Community Development Department staff.

ENGINEERING:

13. Any, and all, changes to the approved site plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1 to April 30) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.

Please refer to the Conditions of Project Approval set forth herein. If you believe that these conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all requirements of Section 66020, you will be legally barred from later challenging such exactions.

NOTE: The Conditional Use Permit is valid for ten years from the approval date (until October 22, 2034).

TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
www.losaltoshills.ca.gov
Wireless Communications Facilities Policy
Amended 10/12/2006
Code Sections
Section 10-1.703 (h)(2) of the Zoning Ordinance allows service uses, including “communications facilities”, to be permitted in the Town if a Conditional Use Permit is granted by the Planning Commission and City Council. Section 10-1.1007 (1) of the Code outlines findings which must be made to approve a use permit, including the proper location of the use or facility relative to others in the vicinity, the adequacy of the site to accommodate the use, and that the facility or use will not have an adverse effect on adjacent properties.

Intent:

The purpose of this policy is to outline the desired criteria for siting of wireless communications facilities, generally including monopoles, related antennas, and equipment shelters. As the Town’s land use is virtually entirely residential, wireless communications facilities will be most appropriately located on public or institutional sites existing within the Town. Colocation, location on or near existing buildings, and landscape screening will be desired to minimize the visual impacts of the facilities on neighbors and the public.

Policy:

1. Priorities for siting - Wireless communication facilities shall generally be located on properties with priority as follows:
a. Town-owned properties
b. Foothill College
c. Water tanks
d. Other public or quasi-public facilities, such as schools or churches e. Residential properties of at least ten (10) acres

2. Siting on residential parcels - Wireless communication facilities may be permitted on properties used for residential purposes or vacant parcels intended for residential property owner provides written consent and significant visual impacts are mitigated.

3. Colocation – Colocation of wireless communication facilities with other facilities is encouraged to the maximum extend feasible, as long as the colocation is technologically compatible and does not substantially increase visual impacts. The Town will generally require as a condition of approval for any conditional use permit that the applicant permit colocation of other facilities, subject to technological constraints and Town review.

Policy: Wireless Communication Facilities

3a. Applications for colocation on an existing wireless communications facility shall be subject to an administrative review provided that the following requirement is met:
• The colocated antennas and ground equipment shall be mounted or installed within an existing tower, building, or structure where the physical appearance of the existing facility is not altered to accommodate the additional antennas and equipment.

4. Landscape screening and color - Landscape screening shall be required by the Town to minimize the visual impacts of wireless communication facilities. Poles, antennas, and equipment buildings should be painted to blend with the surrounding environment and/or buildings to further minimize visual impacts.

5. Environmental review - A Negative Declaration will typically be prepared for review of proposed wireless communication facilities, with special attention to the visual impacts of the facilities. Categorical exemptions may be used where facilities are colocated with or would be minimal additions to existing structures, with negligible additional visual impact.

6. Antenna master plans – Any applicant for a wireless communication facility site shall submit applications, to the best of their knowledge, for all sites anticipated to be required by the carrier for a three (3) to five (5) year period, and the request shall be reviewed by the Planning Commission and the City Council as a master plan application.

7. Terms of permits and abandonment of sites – Conditional use permits for wireless communications facilities shall be established for periods not to exceed five (5) years, at which time renewal of the permit must be requested by the applicant. More frequent review of the operation of the permit may be made a condition of approval. Approval will also require a written agreement from the applicant that, should the use be discontinued by the carrier, all facilities will be removed not later then ninety (90) days after discontinuance of the use or abandonment. Such a provision shall also be included in any lease with the Town for use of Town lands for wireless communications facilities. The Town may require bonding or other surety to assure the removal of such facilities.

8. Wireless communication firms shall, at the time of application for permits, demonstrate efforts which have been mad to inform neighboring residents of the proposed facilities, such as conducting meetings, or mailing fact sheets and/or letters, etc…to neighbors.

9. The Planning Director is authorized to reduce or waive permit fees for any wireless communications facility that is proven to expand wireless coverage in the Town and is structurally capable of colocation.

10. The Planning Director is authorized to administratively approve portable wireless communications facilities also known as cell on wheels or COWs on certain properties as specified in Policy #1 on a temporary basis.

THE TOWN OF LOS ALTOS HILLS September 18, 2024
Staff Report to the Planning Commission
SUBJECT: 26140 Duval Way – File #CUP24-0001
Lands of Episcopal Laymens Group of Los Altos
Conditional Use Permit for a request for a 10-year renewal of an existing AT&Toperated wireless communications facility (monopine) at St. Luke’s Chapel in the Hills with no changes to equipment or structures.

CEQA review: Categorical Exemption per Section 15301(b).

FROM: Jonathan Fox, Associate Planner
APPROVED: Jay Bradford, Interim Community Development Director RECOMMENDATION: That the Planning Commission takes one of the following actions:

1. Adopt a resolution (Attachment 1) to forward a recommendation to the City Council to make a Categorical Exemption under CEQA pursuant to Section 15301(b) and approve the Conditional Use Permit, subject to the attached conditions of approval.

2. Continue the public hearing to a date uncertain and direct the applicant to make specific design changes.

BACKGROUND
The subject property is a 1.12-acre parcel located at the top of a small knoll above Interstate 280.

St. Luke’s Chapel in the Hills occupies the property along with three wireless communication providers. The three wireless sites are as follows:
• AT&T utilizes a monopine at the westerly end of the property which is downslope of the chapel. A monopine is a wireless communications facility disguised as a pine tree. The AT&T wireless communications site is the subject of this application; • The T-Mobile antennas are located within the church steeple; • The Sprint antennas are located within a 37-foot-tall flagpole which is located near the entry driveway and the equipment is located within a wood fence enclosure just below the flagpole.

The City Council initially approved the monopine structure and equipment area through Conditional Use Permit #139-08-CUP-IS-ND on January 8, 2009. One of the conditions of approval required that the CUP be renewed after ten (10) years. The wireless facility has been in continuous operation since installation; however, the Town did not receive a renewal request until May 14, 2024 with the current application. The Use Permit is expired and the applicant, AT&T Mobility (represented by Epic Wireless), is requesting a 10-year extension. The Town most recently issued building permit #BLD19-0056 in 2019 to replace antennas and remote radio units on the monopine.

DISCUSSION
A Conditional Use Permit renewal for a wireless facility can be approved if the City Council finds that the facility operates in compliance with the Town’s Wireless Communications Facilities Policy (see Attachment 3) and approved conditions of approval for the site. The subject property complies with the siting and co-location criteria in the Wireless Policy and conditions for landscaping, colors and structure are included in the CUP. The applicant’s response to the conditions is included in Attachment 5.

Staff conducted an inspection of the property and found it to be adequately maintained, clean, and generally in compliance with the previous conditions of approval. Members of the Environmental Design and Protection Committee also visited the property and found the facility to be in good condition. The Committee recommends that new plantings be shown on the site plan and installed. Staff has prepared a condition of approval requiring the wireless provider to augment the existing landscaping with two (2) 24-inch box trees/shrubs of similar species.

Figure 1: Existing Monopine Source: Staff

NOTICING/PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
• Mailing to property owners within 500-foot radius – September 6, 2024 • Posted at the project site – September 6, 2024
• Public Posting Places – September 6, 2024
• Town Website: www.losaltoshills.ca.gov – September 13, 2024 To date, staff has not received public comment regarding the proposed renewal. Public comment received after publication of the staff report but before the September 18, 2024, Planning Commission meeting with be forwarded to the Commission.

ENVIRONMENTAL REVIEW
The proposed Conditional Use Permit renewal is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA guidelines – No modifications to an existing facility.

CONCLUSION
The facility is operating in compliance with previous conditions of approval and the Wireless Communications Facilities Policy. No changes to structures or equipment is proposed and the applicant has submitted a radio frequency report demonstrating that the facility is currently operating within FCC standards. Thus, staff recommends the Planning Commission review the renewal request, conduct a public hearing, and adopt Attachment 1 Resolution [DRAFT], forwarding a recommendation of approval to the City Council.

ATTACHMENTS

1. Resolution with Conditions of Approval [DRAFT]

2. File No. #139-08-CUP-IS-ND – Existing Conditions of Approval

3. Wireless Communications Facilities Policy

4. Radio Frequency Site Compliance Report

5. Applicant Narrative

6. Environmental Design and Protection Committee Report, dated August 23, 2024

7. As-Built Plans (no modifications proposed) – Planning Commission only

Radio Frequency Safety Survey Report Prediction (RFSSRP) Prepared For:

Site Name: I-280 & Robleda Road
FA#: 10067476
USID: 51771
Site ID: CCL03659
Address: 26410 Duval Way
Los Altos, CA 94022
County: Santa Clara
Latitude: 37.36556
Longitude: -122.13553
PACE No(s): MRSFR096637
Initiatives (s): C-Band
Additional Site Information
M-RFSC Name: Casey Chan
Site Structure Type: Stealth Pole – Extrnl Array
Report Information
Report Writer: Whitney Hollis Report Generated Date: 11/30/23 Compliance Statement
AT&T Mobility will be compliant when the remediation recommended in Section 5 or other appropriate remediation determined by AT&T Mobility is implemented.
'DYLG&KDUOHV&RWWRQ-U
5HJLVWHUHG3URIHVVLRQDO(QJLQHHU
(OHFWULFDO

6WDWHRI&DOLIRUQLD
1RY30

S-ORD103103 Page 2

AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

Table of Contents
1 General Summary ....................................................................................................... 3

1.1 Site Summary ....................................................................................................... 3 2 Site Scale Map ............................................................................................................ 4 3 Antenna Inventory ....................................................................................................... 6 4 Predicted Emission Levels and Discussion ................................................................. 7

4.1 Predictive AT&T Mobility’s RF Contribution Only on the Site ............................... 8 5 Statement of Compliance .......................................................................................... 13

5.1 Statement of AT&T Mobility Compliance ............................................................ 13

5.2 Compliance Requirement Diagram ..................................................................... 14 6 Appendix A ................................................................................................................ 15

6.1 Technical Framework ......................................................................................... 15 7 Appendix B ................................................................................................................ 19

7.1 Qualifications of Waterford Consultants, LLC ..................................................... 19 8 Appendix C ................................................................................................................ 20

8.1 RoofMaster™ ..................................................................................................... 20 9 Appendix D ................................................................................................................ 21

9.1 Statement of Limiting Conditions ........................................................................ 21

S-ORD103103 Page 3

AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 1 General Summary

1.1 Site Summary
Existing RF Sign(s) at Access Point(s) None
Existing RF Sign(s) at AT&T Mobility Sectors Alpha: None Beta: None
Gamma: None
Existing Barriers at AT&T Mobility Sectors None
Max Predictive Spatial Average MPE% &
Location on Site (General Public)
6990.74% in front of AT&T Mobility
Max Predictive Spatial Average MPE% at
Walkable Surface (General Public)

27.04% at the adjacent 20’ roof level
Max Predictive Spatial Average MPE% at
Ground (General Public)

7.22% MPE
Proposed Number of AT&T Antennas 12
The analysis presented herein is based on the following documents provided by the client:
10067476.AE201.181107.CCL03659.CD100s.SS.LTE5C-4C-AntMod-20190327- 045351.pdf
SAN-FRANCISCO-SACRAMENTO_SAN-FRANCISCO_CNU3659_2022-CELL-SITERF-MODIFICATIONS_BBU-Add_sm0587_3701A16GEW_10067476_51771_06-08- 2022_As-Built-In-Progress_v1.00.pdf

S-ORD103103 Page 4

AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 2 Site Scale Map
Proposed Signs/Barriers Existing Signs/Barriers
Signs Required for Compliance Overall Site (AT&T Mobility Only)

S-ORD103103 Page 5

AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

Image to show distance to surrounding buildings 50’ Grid

S-ORD103103 Page 6
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 3 Antenna Inventory
Ant # Operator Antenna Make Pattern: Type Freq (MHz) Block Mech/
Elec
Az
(deg)
Mech
down tilt
(deg)
Horizontal
Beam
Width
(deg)
Antenna Length/
Aperture (ft)
Antenna
Gain
(dBd) TPO (Watts) ERP (Watts)
Antenna
Centerline
Ground
Level (0ft)
Bottom of
Antenna
Ground
Level (0ft)
1 AT&T CCI DMP65R-BU8D 02DT Panel 850 B5 30 0 71 8 12.55 0 0 56 52 1 AT&T CCI DMP65R-BU8D 02DT Panel 700 B12 30 0 71 8 12.25 160 2686 56 52 1 AT&T CCI DMP65R-BU8D 02DT Panel 850 B5 30 0 71 8 12.55 160 2878 56 52 1 AT&T CCI DMP65R-BU8D 02DT Panel 1900 B2 30 0 67 8 14.55 160 4562 56 52 2 AT&T KATHREIN 80010966 02DT Panel 700 B14 30 0 66.8 8 13.15 160 3305 56 52 2 AT&T KATHREIN 80010966 2.5DT Panel 2300 B30 30 0 59.1 8 16.15 100 4121 56 52 3 AT&T Ericsson SON_AIR6449 NR TB 05.17.22 3700 AT&T Panel 3700 N77D 30 0 11.7 2.76 23.45 108.4 23999 42 40.6 4 AT&T COMMSCOPE JAHH-65C-R3B-V3 02DT Panel 2100 B66A 30 0 60 8 16.62 160 7347 42 38 5 AT&T CCI DMP65R-BU8D 02DT Panel 850 B5 260 0 71 8 12.55 0 0 56 52 5 AT&T CCI DMP65R-BU8D 02DT Panel 700 B12 260 0 71 8 12.25 160 2686 56 52 5 AT&T CCI DMP65R-BU8D 02DT Panel 850 B5 260 0 71 8 12.55 160 2878 56 52 5 AT&T CCI DMP65R-BU8D 02DT Panel 1900 B2 260 0 67 8 14.55 160 4562 56 52 6 AT&T KATHREIN 80010966 02DT Panel 700 B14 260 0 66.8 8 13.15 160 3305 56 52 6 AT&T KATHREIN 80010966 2.5DT Panel 2300 B30 260 0 59.1 8 16.15 100 4121 56 52 7 AT&T Ericsson SON_AIR6449 NR TB 05.17.22 3700 AT&T Panel 3700 N77D 260 0 11.7 2.76 23.45 108.4 23999 42 40.6 8 AT&T COMMSCOPE JAHH-65C-R3B-V3 02DT Panel 2100 B66A 260 0 60 8 16.62 160 7347 42 38 9 AT&T CCI DMP65R-BU8D 02DT Panel 850 B5 140 0 71 8 12.55 0 0 56 52 9 AT&T CCI DMP65R-BU8D 02DT Panel 700 B12 140 0 71 8 12.25 160 2686 56 52 9 AT&T CCI DMP65R-BU8D 02DT Panel 850 B5 140 0 71 8 12.55 160 2878 56 52 9 AT&T CCI DMP65R-BU8D 02DT Panel 1900 B2 140 0 67 8 14.55 160 4562 56 52 10 AT&T KATHREIN 80010966 02DT Panel 700 B14 140 0 66.8 8 13.15 160 3305 56 52 10 AT&T KATHREIN 80010966 2.5DT Panel 2300 B30 140 0 59.1 8 16.15 100 4121 56 52 11 AT&T Ericsson SON_AIR6449 NR TB 05.17.22 3700 AT&T Panel 3700 N77D 140 0 11.7 2.76 23.45 108.4 23999 42 40.6 12 AT&T COMMSCOPE JAHH-65C-R3B-V3 02DT Panel 2100 B66A 140 0 60 8 16.62 160 7347 42 38 Note: Waterford Consultants, LLC has assumed transmission parameters for Unknown RF emitters based on similar installations found at other radio communications sites. Generic antenna models have been used where existing antenna part numbers or radiation patterns are not available. The frequencies presented in this table may have been assumed in order to represent the approximate band of operation and to support a worst-case calculation of power density.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 7
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 4 Predicted Emission Levels and Discussion
The following plots show the spatial average predicted power density levels in the reference plane indicated as a percentage of the General Public Limits. Please note that 100% of the General Public Limits corresponds to 20% of the Occupational Limits.

The reference plane for the plot is the roof level, as indicated in the caption. For example, “Avg 10 to 16 Feet” refers to the spatial average predicted power density level between 10 and 16 feet above the main level. Plots are produced for each accessible level. Levels that are not accessible will not be shown. Only accessible areas in a plot are relevant. Areas not accessible or in free space, off the edge of a roof or equipment penthouse, do not affect compliance.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 8
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

4.1 Predictive AT&T Mobility’s RF Contribution Only on the Site The reference plane for the plot is the antenna level 39 ft.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 9
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

The reference plane for the plot is the adjacent pole level 30 ft.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 10
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

The reference plane for the plot is the adjacent building level 20 ft.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 11
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

The reference plane for the plot is the adjacent building level 10 ft.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 12
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

The reference plane for the plot is the ground 0 ft.

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 13
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 5 Statement of Compliance

5.1 Statement of AT&T Mobility Compliance
At the time of our assessment, AT&T Mobility is required to take action to comply with FCC Radiofrequency Radiation Exposure Limits.

SPECIAL OPERATING MITIGATION INSTRUCTIONS
Alpha N/A
Beta N/A
Gamma N/A

Site Name: I-280 & Robleda Road
Site FA: 10067476
S-ORD103103 Page 14
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

5.2 Compliance Requirement Diagram
Recommendations
AT&T Mobility Caution 2B posted at the base of the tower. Materials – (1) Caution 2B
Proposed Signs/Barriers Existing Signs/Barriers

S-ORD103103 Page 15
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 6 Appendix A

6.1 Technical Framework
The FCC requires licensees to ensure that persons are not exposed to radiofrequency electromagnetic energy power densities in excess of the applicable MPE (Maximum Permissible Exposure) limits. These rules apply to both Occupational Personnel and the General Population. Applicable FCC rules are found at 47 C.F.R. § § 1.1307(b)(3) and 1.1310. The FCC rules define two tiers of permissible exposure differentiated by the situation in which the exposure takes place and/or the status of the individuals who are subject to exposure.

General Population / uncontrolled exposure limits apply to those situations in which persons may not be aware of the presence of electromagnetic energy, where exposure is not employment-related, or where persons cannot exercise control over their exposure.

Occupational / controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment, have been made fully aware of the potential for exposure, and can exercise control over their exposure.

Maximum Permissible Exposure (“MPE”) is defined in OET 65 as being 100% of the exposure limits for the situation or tier of permissible exposure. These limits are listed as follows:

Limits for Occupational/Controlled Exposure
Frequency
Range (MHz)
Electric
Field
Strength (E)
(V/m)
Magnetic
Field (H)
(A/m)
Power
Density (S)
(mW/cm2)
Averaging Time
|E|2, |H|2 or S
(minutes)

0.3-3.0 614 1.63 (100)* 6

3.0-30 1842/f 4.89/f (900/f2)* 6
30-300 61.5 0.163 1.0 6
300-1500 -- f/300 6
1500-100,000 -- 5 6
Limits for General Population/Uncontrolled Exposure
Frequency
Range (MHz)
Electric
Field
Strength (E)
(V/m)
Magnetic
Field (H)
(A/m)
Power
Density (S)
(mW/cm2)
Averaging Time
|E|2, |H|2 or S
(minutes)

0.3-1.34 614 1.63 (100)* 30

1.34-30 842/f 2.19/f (180/f2)* 30
30-300 27.5 0.073 0.2 30
300-1500 -- f/1500 30
1500-100,000 -- 1.0 30
f = frequency in MHz *Plane-wave equivalent power density

S-ORD103103 Page 16
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

FCC Limits for Maximum Permissible Exposure (MPE)
Plane-wave Equivalent Power Density
For any area in excess of 100% General Population MPE, access controls with appropriate RF alerting signage must be put in place and maintained to restrict access to authorized personnel. Subject to other site security requirements, Occupational Personnel trained in RF safety and equipped with personal protective equipment designed for safe work in the vicinity of RF may be granted access. Controls such as physical barriers to entry imposed by locked doors, locked passageways, or other access control mechanisms may be supplemented by alarms that alert the individual and notify site management of a breach in access control. Controls may include administrative policies and procedures requiring personal protective equipment (e.g.

RF personal monitor), proof of RF training to obtain site access cards, presentation of appropriate RF awareness training certifications to security personnel or other measures designed to prevent uncontrolled access.

S-ORD103103 Page 17
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

The signs below are examples of signs meeting FCC guidelines.

S-ORD103103 Page 18
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved.

FCC regulations regarding Radiofrequency radiation exposure, expressed in 47 CFR § 1.1310 are further clarified with respect to the value of 5% of exposure limits for the subject transmitters in the following section of 47 CFR § 1.1307 (b):
(3) In general, when the guidelines specified in § 1.1310 are exceeded in an accessible area due to the emissions from multiple fixed transmitters, actions necessary to bring the area into compliance are the shared responsibility of all licensees whose transmitters produce, at the area in question, power density levels that exceed 5% of the power density exposure limit applicable to their particular transmitter or field strength levels that, when squared, exceed 5% of the square of the electric or magnetic field strength limit applicable to their particular transmitter. Owners of transmitter sites are expected to allow applicants and licensees to take reasonable steps to comply with the requirements contained In § 1.1307(b) and, where feasible, should encourage co-location of transmitters and common solutions for controlling access to areas where the RF exposure limits contained in § 1.1310 might be exceeded.

Following these FCC requirements, predictive modeling has been performed to evaluate power density resulting from client transmitters as a percentage of the power density MPE limit applicable to their transmitters. These results are presented in Section 4.

The site should be routinely inspected and this or a similar report updated with any changes to the RF environment including:
x Adding new antennas
x Removing of any existing antennas
x Change in the radiating power or number of RF emitters Waterford Consultants, LLC recommends coordinating with all wireless tenants before performing services in front of or near any transmitting antennas. During these activities, it may be appropriate to utilize Lockout/Tagout Procedures as specified in ATT-002-290-078, “RF Exposure: Responsibilities, Procedures & Guidelines” for scheduled outages to eliminate RF hazards during these activities.

S-ORD103103 Page 19
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 7 Appendix B

7.1 Qualifications of Waterford Consultants, LLC
Waterford Consultants, LLC [Waterford] provides technical consulting services to clients in the Radio Communications and antenna locating industry. Waterford retains professional engineers who are placed in responsible charge of the processes for analysis.

Waterford is familiar with 47 C.F.R. § § 1.1307(b)(3) and 1.1310 along with the general rules, regulations, and policies of the FCC. Waterford work processes incorporate all specifications of FCC Office of Engineering and Technology, Bulletin 65 (“OET65”), from the website: www.fcc.gov/oet/rfsafety and follow criteria detailed in 47 CFR §

1.1310 “Radiofrequency Radiation Exposure Limits”.

Within the technical and regulatory framework detailed above, Waterford developed tools according to recognized and generally accepted good engineering practices. Permissible exposure limits are band specific, and the Waterford computerized modeling tools correctly calculate permissible exposure based on the band(s) specified in the input data. Only clients and client representatives are authorized to provide input data through the Waterford web portal. In securing that authorization, clients and client representatives attest to the accuracy of all input data.

Waterford Consultants, LLC attests to the accuracy of the engineering calculations computed by those modeling tools. Furthermore, Waterford attests that the results of those engineering calculations are correctly summarized in this report.

S-ORD103103 Page 20
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 8 Appendix C

8.1 RoofMaster™
RoofMaster™ is the software package that Waterford Consultants, LLC created to model RF environments associated with multiple emitters where the potential exists for human exposure. Based on the computational guidelines set forth in OET Bulletin 65 from the Federal Communications Commission (FCC), RoofMaster™ considers the operating parameters of specified RF sources to predict the overall Maximum Permissible Exposure possible at a given location. These theoretical results represent worst-case predictions as emitters are assumed to be operating at 100% duty cycle.

From the FCC document:
“The revised OET Bulletin 65 has been prepared to provide assistance in determining whether proposed or existing transmitting facilities, operations or devices comply with limits for human exposure to radiofrequency (RF) fields adopted by the Federal Communications Commission (FCC). The bulletin offers guidelines and suggestions for evaluating compliance.” http://transition.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf

S-ORD103103 Page 21
AT&T Proprietary (Internal use only). Not for use or disclosure outside the AT&T companies, except under written agreement. ©2023 AT&T Intellectual property. All rights reserved. 9 Appendix D

9.1 Statement of Limiting Conditions
Waterford Consultants, LLC has received data pertaining to RF environment provided by the client. Waterford Consultants, LLC will not be responsible for matters of a legal nature that affect the site or property. The property has been analyzed under the premise that it is under responsible ownership and management and our client has the legal right to conduct business at this facility.

Due to the complexity of some wireless sites, Waterford Consultants, LLC has created this report utilizing best industry practices and due diligence. Waterford Consultants, LLC cannot be held accountable or responsible for anomalies or discrepancies due to actual site conditions (i.e., mislabelling of antennas or equipment, inaccessible cable runs, inaccessible antennas or equipment, etc.) or information or data supplied by Wireless Carrier, the site manager, or their affiliates, subcontractors or assigns.

Waterford Consultants, LLC has provided the results of a computer-generated model in this MPE Site Compliance Report to show approximate dimensions of the site, and the model results is included to assist the reader of the compliance report to visualize the site area, and to provide supporting documentation for Waterford Consultants, LLC recommendations.

Waterford Consultants, LLC will not be responsible for any existing conditions or for any engineering or testing that might be required to discover whether adverse safety conditions exist. Because Waterford Consultants, LLC is not an expert in the field of mechanical engineering or building maintenance, this MPE Site Compliance Report must not be considered a structural or physical engineering report.

Waterford Consultants, LLC obtained information used in this MPE Site Compliance Report from sources that Waterford Consultants, LLC considers reliable and believes them to be true and correct. Waterford Consultants, LLC does not assume any responsibility for the accuracy of such items that were furnished by other parties.

on behalf of
605 Coolidge Drive Suite 100
Folsom, CA. 95630
Fax (916) 781-5927
From:

Sarah Neace
[email protected]
916.806.7122
To:

Town of Los Altos Hills Planning Department
Project name: 1-280 & Robleda Rd
Project address: 26410 Duval Way, Los Altos Hills, CA 94022 APN: 175-48-057
County File# 139-08-CUP-IS-ND
CUP Renewal for Existing AT&T Telecommunications Facility Compliance Report | Conditions of Approval
AT&T Mobility continues to accept the condition contained herein.

AT&T Mobility continues to accept the condition contained herein. We are requesting renewal of the permit.

June 20th, 2023

on behalf of
605 Coolidge Drive Suite 100
Folsom, CA. 95630
Fax (916) 781-5927
AT&T Mobility continues to accept the condition contained herein. We are requested renewal of the permit. Since the permit is now expired, we acknowledge that we must go through the standard proceedings for a CUP application.

AT&T Mobility continues to accept the condition contained herein. These conditions were met when AT&T originally applied for and received approval of a building permit.

AT&T Mobility continues to accept the condition contained herein. AT&T already fulfilled this requirement and was granted a building permit.

AT&T Mobility continues to accept the condition contained herein.

AT&T Mobility continues to accept the condition contained herein.

Item 3.3 Attachment 5

on behalf of
605 Coolidge Drive Suite 100
Folsom, CA. 95630
Fax (916) 781-5927
AT&T Mobility accepts the condition contained herein. This is generally a non-issue. The facility is already existing and we are not proposing modifications to it at this time.

AT&T Mobility accepts the condition contained herein. The noise emitted by the facility is negligible.

AT&T Mobility accepts the condition contained herein. The facility is already existing and we are not proposing modifications to it at this time. This condition was met at the time of the original approval and building permit and inspection process.

AT&T Mobility accepts the condition contained herein. The facility is already existing and we are not proposing modifications to it at this time. This condition was met at the time of the original approval and building permit and inspection process.

AT&T Mobility accepts the condition contained herein. This is generally a non-issue because the facility is already existing and we are not proposing modifications to it at this time. Any future grading needed would be part of a project requiring planning and building approval.

on behalf of
605 Coolidge Drive Suite 100
Folsom, CA. 95630
Fax (916) 781-5927
AT&T Mobility accepts the condition contained herein. The facility is already existing and we are not proposing modifications to it at this time. This condition was met at the time of the original approval and building permit and inspection process.

AT&T Mobility accepts the condition contained herein. The facility is already existing and we are not proposing modifications to it at this time. This condition was met at the time of the original approval and building permit and inspection process.

AT&T Mobility accepts the condition contained herein. The facility is already existing and we are not proposing modifications to it at this time. This condition was met at the time of the original approval and building permit and inspection process.

Thank you!
Sarah Neace
Associate Project Manager
Epic Wireless Group, LLC
605 Coolidge Drive, Suite 100, Folsom, CA 95630
916.806.7122
[email protected]

ENVIRONMENTAL DESIGN and PROTECTION COMMITTEE
Conditional Use Permits
Application For: Renewal of Conditional Use Permit
Applicant Name: AT&T
Site Address: 26410 Duval Way (St. Lukes Church)
Reviewed By: Anne, Carol
Field Trip Date: August 23, 2024
Planner: Johathan Fox
Due Date: September 11, 2024
File Number: CU 24-0001
SITE IMPACT (Location: Ridgeline/Hilltop/Knoll, Slopes, Views) The site is located to the right as you enter Duval Way on the property owned by St. Lukes Church which is the site of the first schoolhouse built in Los Altos Hills. It is very visible from Highway #280 which makes it a prime site. The Cell Tower is sited below the church and is easily accessed from the church parking lot. It is visible to homes in the adjoining areas.

Residence: (Setbacks, Color/Reflectivity, Roof Type, Skylights, Lights) The base of the Cell Tower is well screened, and an additional tree and shrubs have been added. We recommend the new plantings be highlighted on the drawings on A-1 and A-2.

The branches on the Cell Tower Tree were in good condition and the fence surrounding the bottom of the Cell Tower has a fresh coat of paint.

ENVIRONMENT (Pathways, Open Space, Riparian Habitat, Heritage Trees, other mature trees) The Cell Tower is located below the church and as stated before, the area at the base of the Tower is well screened.

TREE REMOVAL & REPLACEMENT
N.A.

WILDFIRE SAFETY (Defensible Space, Zones, Tree Spacing, Ladder Fuels, Mulch) Please refer to the Fire Safe Council's recommendations for defensible space:
https://cafiresafecouncil.org/resources/fire-safety-information-for-residents/ OPTIONAL HARDSCAPE (MDA), FENCE/GATES (Height, location, style), LIGHTING Lighting: No Lighting was observed at the Cell Tower or was any shown on the plans.

Plans Date: The Plans were dated 11/07/18, 04/27/18, and 04/05/18. Should the plans be updated to 09/24?
All exterior lighting must conform to the town’s dark sky standards:

Maximum Light Emission
(Lumens, Φv)
Maximum Color Temperature
(Kelvin, K)
Path Lights 200 2700
Step Lights 110 2700
Exterior Wall Sconces 600 3000
Front Door Pendants 600 3000
Gate Lights 600 3000

DRIVING DIRECTIONS

SITE INFORMATION VICINITY MAP

PROJECT TEAM

PROJECT DESCRIPTION

DRAWING INDEX

DO NOT SCALE DRAWINGS

CD DRAWING

ENGINEERING

GENERAL NOTES

UNDERGROUND

SERVICE ALERT OF
•
•
•
•
•
•
•
•
•
•

CALIFORNIA
800-642-2444
SITE NUMBER: CCL03659/CNU3659
FA NUMBER: 10067476
LTE 4C MRSFR041607, LTE 5C MRSFR040653
4TXRX MRSFR041543
PTN# 3701A0BL06, PTN# 3701A0BLD5, PTN# 3701A0BMQA
SITE NAME: I-280 & ROBLEDA ROAD
26410 DUVAL WAY, LOS ALTOS HILLS, CA 94022

MONOPINE/OUTDOOR
PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
T-1
280

GN-1
PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
A-1
SITE PLAN 1 JUNIPERO SERRA FWY JUNIPERO SERRA FWY ROBLEDA ROAD DUVAL WAY

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
PROPOSED EQUIPMENT LAYOUT 3
EXISTING EQUIPMENT LAYOUT 2
ENLARGED SITE PLAN 1
A-2

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°

DUVAL WAY

A-3
1 PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
EXISTING ANTENNA LAYOUT 2 PROPOSED ANTENNA LAYOUT

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°
AT RAD CENTER 56'
AT RAD CENTER 42'

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°
AT RAD CENTER 56'
AT RAD CENTER 42'

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
A-4
ANTENNA AND RRU SCHEDULES 2 NOT USED 1

A-5
PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
EXISTING NORTH ELEVATION 2 NEW NORTH ELEVATION 1

A-6
PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
EXISTING WEST ELEVATION 2 NEW WEST ELEVATION 1

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
D-1
8 5
6 3
2 1
9 7 4

ERICSSON

ERICSSON
·
·
·
·
·

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
D-2
8 6 3
2 1
9 7
M12V105FT
M12V125FT
M12V155FT
MARATHON™ Front Terminal Specifications
MARATHON™ Front Terminal Electrical Data
5

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE

GRAPHICS LEGEND
1 E-1

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°
AT RAD CENTER 56'
AT RAD CENTER 42'

SECTOR 'A'
30°

SECTOR 'C'
140°

SECTOR 'B'
260°

E-2
PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
12 8
4 10 11
6 2
9 5
1

PLANS PREPARED BY:

PLEASANTON, CA 94596
6140 STONERIDGE MALL ROAD, SUITE 350

ERICSSON
SIGNAL HILL, CA 90745
1875 CORONADO AVE
RF-1

ITEM 9B
THE TOWN OF LOS ALTOS HILLS October 22, 2024
Staff Report to the City Council
SUBJECT: 12889 Viscaino Place – File #CUP24-0002 – Lands of Fremont Hills Country Club Conditional Use Permit for (1) demolition of an existing pool house and construction of a new 6,886 square-foot single-story aquatics building/multipurpose room, (2) construction of a 230 square-foot addition to an existing office building, (3) request to exceed the Allowable Floor Area set by the existing Conditional Use Permit, (4) request for a 3-year review of the existing Conditional Use Permit.

CEQA review: Categorical Exemption per Section 15302
FROM: Jay Bradford, Interim Community Development Director APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:

Adopt a resolution (Attachment 1) making a Categorical Exemption under CEQA pursuant to Section 15302 and approving the Conditional Use Permit, subject to the attached conditions of approval.

BACKGROUND
The 17.04-acre Fremont Hills Country Club (FHCC) site is a private establishment operating as a conditional use in the Residential-Agricultural Zoning District since the early 1960s. FHCC currently operates under the conditions of File No. 19-94-ZP-SD-CUP, approved in 1994. This permit set requirements/limitations for hours of operation, parking, membership capacity, development area, floor area, etc.

FHCC is requesting a Conditional Use Permit to demolish an existing pool house and construct a new 6,886 square-foot single-story aquatics building/multi-purpose room and a 230 square-foot addition to an existing office building. The project includes a request to exceed the Allowable Floor Area set by the prior use permit in 1994. Review and approval of the application would also satisfy the need for a reoccurring 3-year review of the conditional use.

On October 3, 2024, the Planning Commission reviewed the proposal at a noticed public hearing and voted 4-0-1 (one commissioner absent) to recommend approval to the City Council, subject to conditions of approval. This report provides an overview of the project and summary of the Planning Commission’s recommendations. A full staff analysis of the project is found in the staff report to the Planning Commission, dated October 3, 2024 (Attachment 7).

NOTICING/PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
• Mailing to property owners within 500-foot radius – October 11, 2024 • Posted at the project site – October 11, 2024
• Public Posting Places – October 15, 2024

City Council Page 2
Fremont Hills Country Club
October 22, 2024
• Town Website: www.losaltoshills.ca.gov – October 15, 2024 To date, staff has received one public comment regarding the proposed project (Attachment 8).

Public comment received after publication of the staff report but before the October 22, 2024, City Council meeting will be forwarded to the Council.

GENERAL PLAN and MUNICIPAL CODE
General Plan Land Use Element
Policy 1.1 Uses of land shall be consistent with the semi-rural atmosphere of the community, minimize disturbance to natural terrain, minimize removal of the natural vegetation, and create the maximum compatibility of development with the natural environmental through site design and landscaping.

Policy 1.3 Large non-residential structures shall be compatible with the residential character of the community.

Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology.

Municipal Code
Pursuant to the Los Altos Hills Municipal Code (LAHMC), all conditional uses are subject to Los Altos Hills Municipal Code Section 10-1.007(1):

Conditional use permits may be granted only when facts are established which support the findings required by the provisions of this section.
(a) Findings. Conditional use permits shall be granted by the City Council only when it is found that:
(1) The proposed use of facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity; (2) The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or, will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area;
(3) The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and
(4) The proposed use will not adversely affect the abutting property or the permitted use thereof.
(b) Conditions. Every conditional use permit granted may be subject to such conditions as are deemed necessary to protect the public health, safety and general welfare and secure the objectives of the General Plan and this chapter.

Staff responses to the required findings of approval are found in the Draft Resolution, Exhibit A.

City Council Page 3
Fremont Hills Country Club
October 22, 2024

PROJECT DESCRIPTION
The applicant is requesting a Conditional Use Permit to demolish an existing pool house and construct a new 6,886 square-foot single-story aquatics building/multi-purpose room and a 230 square-foot addition to an existing office building.

Site Data
Gross Lot Area: 17.043 acres
Net Lot Area: 17.038 acres
Average Slope: 13.8%
Lot Unit Factor: 15.64
Floor Area and Development Area
Area (sq. ft.) Allowable Maximum Existing Proposed Increase Remaining Development 212,313 212,313 201,737 207,205 5,468 N/A*
Floor 29,742 93,117 31,099 35,053 3,954 N/A*
Note: * This is not applicable because the CUP controls allowable maximum floor and development area.

The Allowable column is based on site specific limits set by the City Council in 1994. Those numbers (212,313 square feet of development area and 29,742 square feet of floor area) represent the upper limit to which the amount of development at FHCC must comply.

Contrastingly, the Maximum Development Area and Maximum Floor Area are calculated through the standard lot unit factor (LUF) calculation in Worksheet 1. In 1994, the City Council set the allowable development area to match the maximum development area but set the allowable floor area below the maximum. It appears that in 2016 an approval for an increase in total floor area of 31,099 square feet was processed without utilizing the CUP amendment process. Therefore, as a best practice, staff is still considering 1994 limit of 29,742 square feet to be the allowable floor area. This project seeks a CUP amendment to exceed the allowable floor area for construction of a new aquatics building and addition to an existing office building. If approved, the new allowable floor area will become 35,053 square feet.

Height:

Height (ft) Maximum Proposed
On Vertical Plane 27’ 22’-4”
Lowest to Highest 35’ 22’-4”
Setbacks:

Distance* Minimum Proposed
Front 40’ >250
Side (north) 30’ >250
Side (south) 30’ ~100
Rear 30’ N/A
The project complies with the requirements for building height, setbacks, Maximum Development Area, and Maximum Floor Area. A CUP amendment is requested to exceed the Allowable Floor Area, which was established by the City Council in 1994 and is specific to FHCC.

City Council Page 4
Fremont Hills Country Club
October 22, 2024
Town Committee Reviews
Environmental Design and Protection Committee (EDPC)
The Committee reviewed the application and visited the property in March 2024. The Committee report highlights that the area of development is not visible to neighbors.

History Committee
The Committee report recommends that the Fremont Hills Country Club place a landmark designation over the Martha Lynn Water Tower and the two stables. The applicant is willing to discuss this request further but separate from the proposed conditional use permit amendment.

Staff concurs that a potential landmark designation on the structures is a separate action solely by the City Council. Per Title 11 Landmark Designation and Preservation Ordinance, designation of a structure as a landmark, can be initiated by the City Council, History Committee, or the property owner. The Planning Commission addressed this recommendation at the October 3, 2024 public hearing, as described in the section below.

Open Space Committee
The Committee reviewed the application and visited the property in March 2024. The Committee recommends expanding the conservation easement to include 25 feet from top of bank of Deer Creek. For reference, the 17.04-acre parcel contains significant portions encumbered by a conservation easement for steep slopes and riparian areas. The requirement for an easement over those portions of property within 25 feet from top of bank of a creek is consistent with prior approvals. The Planning Commission addressed this recommendation at the October 3, 2024 public hearing, as described in the section below.

PLANNING COMMISSION RECOMMENDATION
On October 3, 2024, the Planning Commission reviewed the proposal at a noticed public hearing and voted 4-0-1 (one commissioner absent) to recommend approval to the City Council, subject to conditions of approval. The Commission’s resolution contains a strong recommendation for the City Council to designate the Martha Lynn Water Tower as a historic landmark. As previously stated, this would be a separate action from the proposed conditional use permit and therefore, is not included as a condition of approval. Staff is seeking direction from the Council in whether to agendize this historical landmark designation for a future public hearing.

The Commission’s resolution contains the following recommended conditions of approval:
• Ensure all outdoor lighting at the pool house complies with the Outdoor Lighting Policy • Require an open space easement from 25 feet from top-of-bank, continuing from the development site and existing conservation easement going north to the edge of property • Allow for existing outdoor lighting at select tennis courts as previously approved • Cleanup nonnative debris and temporary structures in the conservation easement • Owner may maintain existing fence, grass, and irrigation in the conservation easement at the area west of pool, but no artificial turf is permitted Lastly, the Commission requested that staff consolidate all applicable conditions from previously approved permits into the draft resolution for the City Council. This revised list of conditions is found in Exhibit “B” of the draft resolution (Attachment 1).

City Council Page 5
Fremont Hills Country Club
October 22, 2024

ENVIRONMENTAL REVIEW
The proposed new residence is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15302, which allows for the replacement or reconstruction of existing structures where the new structure will be located on the same site. 2024-25 CITY COUNCIL WORK PLAN:

This is not part of the 2024-25 City Council Work Plan as amendments and renewals are part of the standard conditional use permit approval process.

FISCAL IMPACT:

There is no fiscal impact to the Town for review of the conditional use permit as the Town required payment of an application fee of $7,125 to cover staff time.

CONCLUSION
The proposed project meets the maximum development area, height standards, setbacks, and site development standards of the Zoning Code, but requires evaluation of the increase in the maximum floor area allowed. Additionally, the use of the property is generally in compliance with the operational limitations of the existing conditional use permit. Staff finds the request to increase the allowable floor area is appropriate for the project as designed. Thus, staff recommends the City Council accept the Planning Commission’s recommendation for approval, review the project, conduct a public hearing, and adopt Attachment 1 Draft Resolution, making a Categorical Exemption under CEQA and approving the project, subject to conditions.

ATTACHMENTS

1. Resolution with Conditions of Approval [DRAFT]

2. File No. 19-94-ZP-SD-CUP – Existing Conditions of Approval

3. Recorded Parcel Map

4. Environmental Design and Protection Committee Report, dated March 2024

5. History Committee Report, dated March 2024

6. Open Space Committee Report, dated March 2024

7. Staff report to the Planning Commission, dated October 3, 2024

8. Public Comment

9. Applicant Narrative

10. Project Plans – Planning Commission only
Report prepared by: Jonathan Fox, Associate Planner

Resolution CC _-24 Page 1
RESOLUTION CC _-24

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

MAKING A CATEGORICAL EXEMPTION DETERMINATION UNDER CEQA AND

APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR A NEW
AQUATICS BUILDING AT 12889 VISCAINO PLACE (FREMONT HILLS COUNTRY

CLUB) AND IMPOSING CERTAIN CONDITIONS OF APPROVAL
WHEREAS, on March 15, 2024, The Town of Los Altos Hills received an application for a Conditional Use Permit Amendment (CUP24-0002) and Site Development Permit (SD24-0008) from the property owner, Fremont Hills Country Club, for the construction of a new aquatics building at 12889 Viscaino Place and modifications to the existing conditional use permit (“Project”); and
WHEREAS, based on the record presented before it, the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15302(b) as the project scope is for the replacement of an existing structure where the new structure will be located on the same site; and
WHEREAS, the project application was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing on the project on October 3, 2024, and considered all evidence, testimony, written documentation, and public comments and voted 4-0-1 (one commissioner absent) to forward a recommendation of approval to the City Council; and
NOW, THEREFORE, based on the entirety of the record before it, the City Council of the Town of Los Altos Hills hereby finds that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15302 and approve the Conditional Use Permit subject to the findings contained in Exhibit “A” and conditions contained in Exhibit “B” and incorporated herein by reference.

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 22nd day of October 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: ___________________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________________________
Arika Miller, City Clerk

Resolution CC _-24 Page 2
EXHIBIT “A”

CONDITIONAL USE PERMIT FINDINGS OF APPROVAL
Conditional use permits shall be granted by the City Council only when it is found that:
(1) The proposed use of facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity; The non-residential and recreational facility use of this site blends with the existing character of the site without adversely impacting the surrounding neighborhood. In addition, the site sits low and is well buffered from the surrounding residential uses by the natural topography and existing vegetation. The new aquatics building is located in the same footprint as the existing building to minimize impacts to the natural site features and adjacent properties, which is preferred.
(2) The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or, will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area; The 17.04-acre site is adequate in size and shape to accommodate the replacement aquatics building without need for extensive grading or reconfiguration of existing site layout. The new aquatics building utilizes the existing building footprint so as to not impact parking, setbacks, and open spaces. The project requires the removal of seven (7) nonprotected trees which are insignificant and ornamental in nature.
(3) The site for the proposed use will be served by streets and highways of adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use; and There will be no additional traffic related issues with the reconstruction and addition because the membership is not being increased therefore, no additional traffic is anticipated to be generated. Portions of the lower parking lot will be reconfigured to increase the number of offstreet parking by one space. Vehicle access to the site will continue to be provided from Viscaino Place, Roble Ladera Road, and Purissima Road.
(4) The proposed use will not adversely affect the abutting property or the permitted use thereof.

The proposed development will not adversely affect the adjacent properties or uses as the project seeks to replace an existing building but maintain the current operational characteristics. Although the new aquatics building is larger than the existing, it utilizes a similar massing and building footprint. The proposed building continues to provide a greater than 300-foot setback to the nearest residential structure. Furthermore, the significant vegetation along the property perimeter will be retained to reduce potential for noise and view impacts. Long standing operational restrictions on hours of operation, parking, and membership capacity will be maintained.

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EXHIBIT “B”
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT*/**/*** Fremont Hills Country Club – 12889 Viscaino Place
*(“Year”) denotes the date that the condition was originally applied or last modified. **Conditions 1 – 28 are ongoing and relate to the use of the property, in general. ***Conditions 29 – 62 are specific to the permitting requirements for the subject amendment (File No. CUP24-0002).

GENERAL CONDITIONS:

1. The continuation of this Conditional Use Permit shall be issued to Fremont Hills Country Club for the property designated as Parcel 175-55-46 (17.04 gross acres). (1994)

2. The number of horses to be kept or maintained at this facility at any one time shall not exceed fifty-five (55). (1994)

3. The maximum floor area and development area that shall be allowed with this permit are as follows: MDA at 212,313 square feet and the MFA at 35,053 square feet. The maximum height of the entry structure for the main clubhouse is approved at 27 feet. (2024)

4. There shall be twenty-four (24) hour supervision of said premises by a competent attendant who is knowledgeable about horse care and authorized to see that the conditions of this Use Permit are met. (1979)

5. A Business License from the Town shall be required for both the Country Club and the stable operations and shall be renewed annually on January 1st, as long as all conditions of this Use Permit have been met. (1979)

6. Staff, Planning Commission and City Council shall conduct a review of this Conditional Use Permit every three years to assure compliance with conditions and all conditions shall be subject to amendments and/or additional conditions to assure that the public hear, safety and general welfare are protected and that the objectives of the General Plan and Zoning Ordinance are served, as deemed necessary by the Planning Commission and City Council. (1994)

7. All requirements of the Santa Clara County Health Department and the Palo Alto Animal Control Department shall continue to be met throughout the life of this permit. (2007) a. Drainage from stables, corrals, pens, barns, etc., shall not enter a natural water course. b. Animal quarters must be swept clean, sprayed and otherwise kept in a sanitary manner so as to prevent unnecessary odor, fly breeding and rodent attraction. c. Manure shall be disposed of regularly by spreading, collection in an appropriate bin and/or removal from site as it is presently done which is about 6 times a year. d. Samples from the creek water at the rear of the property shall be taken twice a year (on January 30th and July 30th) for determination of water quality, and the results of the samples shall be submitted to the Town.

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8. Concentration of animal wastes or other nutrients shall be prevented from entering the creek. (2007)
a. No stockpiling of manure shall be done closer than 100’ from the creek. b. The corral adjacent to the creek shall be cleaned out weekly to prevent an accumulation of animal wastes or other nutrients.
c. The vegetated buffer strip shall be maintained between the creek and the corral to assist in filtering nutrients.
d. Horses shall be moved from the lower paddock in wet weather (from November first until the end of the rainy season, or April first, whichever occurs later).

9. The following requirements of the Santa Clara County Fire Department shall be conditions of this approval (2007):
a. All buildings and their usage shall meet applicable Town, County, and State Fire and Life Safety regulations.
b. All buildings which presently are protected by fire sprinklers shall have the State mandated 5-year inspection by a state licensed fire sprinkler contractor. c. Remodeled and/or additions to buildings protected by fire sprinklers will require the modification of the existing system(s) to the satisfaction of the Fire Department. d. The shavings barn shall be completely protected by fire sprinklers. e. A fire sprinkler system in the caretaker’s unit shall be inspected and approved by the Fire Department.
f. Weeds on the property shall be cut, disked or removed in the spring (on or about March 31) to avoid a fire danger prior to the start of the fire season.

10. There shall be no external lighting, other than that needed for safety, security, and as required by applicable codes. All fixtures shall be adequately shielded to prevent any nuisance to adjoining property owners. (2007)

11. Tennis court lights are permitted to be installed on court numbers 4-8. All tennis court lights shall be located at a minimum of 120 feet from any property lines. (2014)

12. The proposed light fixtures shall be the Visionaire Advantage 1,000-watt metal halid tennis court luminaries or equivalent mounted at 22 feet above the court surface on dark colored poles. All tennis court light fixtures shall be fully shielded and equipped with light cutoff shields in order to eliminate glare and light spillage beyond the tennis court fencing. (2014)

13. Tennis courts that are not being actively played on shall not be lighted. Motion detectors or similar self-controlling means shall be required. (2014)

14. All tennis court lighting on the five courts authorized to have lights, shall be timer controlled and shall have overriding time clocks, which shut lights off automatically after minutes if the courts are not in use. There shall also be a master clock, which prevents lights from being turned on prior to 15 minutes before sunset or after 10:00 p.m. One year after commencement

Resolution CC _-24 Page 5
of use of the lights, the 10:00 p.m. time limit for operation of the lights shall be modified to 9:00 p.m. unless the City Council approves extending the 10:00 p.m. time period. (2014)

15. All tennis court fencing shall maintain dark mesh backdrop covers and dark court surfaces. (2014)

16. There shall be no expansion of the tennis spectator facilities. (2014)

17. The club shall monitor tennis activities to ensure that loud or unnecessary noise is not generated by such facilities. (2014)

18. All unpaved driveways, parking areas and horse-riding areas shall be maintained in a manner sufficient to control dust to a level compatible with adjoining uses. The same type of sand material currently utilized in the large ring off of Roble Ladera shall be used in the smaller ring as well. (2007)

19. All functions shall be required to end at 12:00 midnight, except on New Years Eve, and all amplified sound shall not be allowed after 11:30 p.m. Alcohol shall not be served later than one hour prior to the end of an event. (2007)

20. No additional public address system will be permitted other than what is currently used. The existing public address system shall be limited to use at five horse shows per year and may be operated only between the hours of 10:00 a.m. and 4:00 p.m. (1994)

21. All barn foundations shall have a minimum earth to wood separation of six (6) inches.

Surrounding areas shall be properly graded (or alternate methods use) to provide drainage away from all structural foundations for a distance of five (5) feet from the building. (1994)

22. Fremont Hills Country Club shall maintain 148 spaces (109 in the lower lot and 39 in the upper lot) and provide adequate off-street parking for all members and guests, and are to direct traffic to other facilities if an overflow should occur. The Club is required to provide necessary personnel to assure all members and visitors park on the premises when attending swim meets, horse shows or using Club facilities. Fremont Hills Country Club shall provide the City Clerk (for distribution to the Planning Commission and City Council) and the Sheriff with a calendar of events. All parking shall be accommodated on site. If not, they shall use public parking (valet service, shuttle) areas. All special events shall be limited to 200 participants. (1994)

23. The maximum number of memberships to the Club shall be limited to 500 member families. (1994)

24. As an ongoing condition of approval, the property owner may maintain the existing fence, grass, and irrigation in the conservation easement at the area west of the pool, but no artificial turf is permitted. (2024)

25. If at any time the parking needs of the Club exceed the availability of parking on site, the Town shall review the permit for further requirements. If it is determined that the Club needs

Resolution CC _-24 Page 6
an expansion of parking upon the three (3) year review, the Club shall return to the Planning Commission with a modification showing enlargement of the parking areas to accommodate additional parking on site. (1994)

26. All landscaping on the premises shall be properly maintained. If any trees need to be removed, prior approval of the Community Development Department is required.

Replacement tree(s) may be required at the discretion of the Community Development Director. Any planting that is providing screening, and landscaping in parking lots and on slopes is required to be replaced if removed for any reason. (2007)

27. In the event that the Town believes any of the conditions of this permit are not satisfied, the Town may cause a noticed public hearing to be set to review whether the permit should be continued; and upon showing of compelling public necessity demonstrate at the notice public hearing, the Town may add, amend, or delete conditions and regulations contained in this permit. (1994)

28. Monitoring and reporting to the Town shall be accomplished by the Club for the stable operation near the creek and shall include the emergency plan. The plan shall remain on file at FHCC and at the Town. Any amendments to the plan require Town approval. (2007) PLANNING:

29. No other modifications to the approved plans submitted on July 29, 2024, are allowed except as otherwise first reviewed and approved by the Community Development Director or the Planning Commission, depending on the scope of the changes.

30. All conditions of approval shall be printed on plans submitted for building permit plan check.

31. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the project shall be set by said policy and run from date of Building Permit issuance. Any extensions to the time for completion shall be subject to said policy. Failure to complete the project in the allotted time with approved extensions may result in substantial penalties and fees per the policy.

32. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Community Development Department for approval at time of submittal for building plan check. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection.

33. The property owner shall remove all Stinkwort from the entire property and in the road rightof-way by manual pulling or use of herbicide by September 1st of each year until the final approval of the project.

34. No new fencing is approved with this site development permit. Any additional or modified fencing or gates shall require review and approval by the Community Development Department or the Planning Commission, depending on the scope of the project.

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35. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures and shall not exceed 3,000 Kelvins and 600 lumens. Exterior lighting on the new structure shall be designed for compliance with the Town’s Outdoor Lighting Policy. The construction drawings shall be revised to include an outdoor lighting plan for Community Development Department staff review and approval.

36. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells.

37. Fire retardant roofing (Class A) is required for all new construction.

38. The property owner shall grant an Open Space Easement to the Town that incorporates all portions of land on the property within 25 feet from top of bank of Deer Creek, starting from the development site and continuing north to the edge of the property. Native vegetation may be planted within the easement and irrigation or sprinkler systems are only permitted to establish the native vegetation. The property owner shall provide legal description and plat exhibit(s) prepared by a licensed land surveyor and the Town shall prepare the grant document. An easement review deposit (per Planning Fee Schedule in effect at time of review request) shall be paid to the Town prior to review of the legal description and plat exhibit(s). The grant document shall be signed and notarized by the property owner and returned to the Town prior to building permit issuance.

39. Geotechnical Plan Review - The property owner’s Geotechnical Consultant shall review and approve all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site surface and subsurface drainage improvements, and design parameters and layouts for foundations, retaining walls, etc.) to ensure that their recommendations have been properly incorporated. The results of the geotechnical plan review shall be summarized by the Geotechnical Consultant in a letter and submitted to the Town prior to issuance of a building permit. In their Plan Review letter, the Geotechnical Consultant shall discuss the earthquake induced landslide hazard at the proposed new buildings, and if the hazard is judged to be greater than “Low”, then they shall provide mitigation recommendations to reduce the hazard to low.

40. Geotechnical Construction Inspections – The Geotechnical Consultant shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily limited to: site preparation and grading, site surface and subsurface drainage improvements, excavations for foundations and retaining walls prior to the placement of steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the Town for review prior to final (granting of occupancy) project approval.

41. All space heating and water heating systems installed in place of place of public accommodation, detached habitable buildings, and/or projects involving a substantial remodel shall comply with Los Altos Hills Municipal Code Sections § 8-1.6.02 and § 8-

1.10.02.

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42. All construction shall comply with the applicable California Green Building Standards Code, Part 11, Title 24 mandatory measures in effect at the time of building permit application. The property owner shall provide a CALGreen Non-Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.

43. All construction shall comply with 2022 California Building and Fire Code for construction within wildland urban interfaces. (Materials and Construction Methods for Exterior Wildfire Exposure).

44. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of any grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.

45. Prior to requesting the final inspection, the property owner shall cleanup nonnative debris and remove temporary structures from the existing conservation easement for Community Development Department staff review and approval.

46. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new structure complies with the proposed 27’-0” maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

47. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the location of the structure and roof eaves, are consistent with the approved design drawings.” The elevation of the new structure shall be similarly certified in writing to state that “the elevation of the new structure matches the elevation and location shown on the Site Development plan.” The applicant shall submit the stamped and signed letter(s) to the Community Development Department prior to requesting a final inspection.

48. All properties shall pay School District fees to either the Los Altos School District and Mountain View Los Altos Union High School District or the Palo Alto Unified School District, as applicable, prior to permit issuance. The applicant shall take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide the Town with a receipt.

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ENGINEERING:

49. Any, and all, changes to the approved site plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1 to April 30) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.

50. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.

51. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director two weeks prior to acceptance of plans for building plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Viscaino Place, and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box since they have a franchise with the Town and no other hauler is allowed within the Town limits.

52. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways two weeks prior to acceptance of plans for building plan check.

53. All hydrant use is strictly prohibited by the Purissima Hills Water District. A permit for obtaining water for grading and construction purposes must be obtained from the Purissima Hills Water District and submitted for approval to the Town Engineering Department prior to acceptance of plans for building plan check. The permit will authorize the use of water from specific on-site or off-site water sources.

54. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.

55. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.

56. Two copies of a Construction Best Management Practices Plan (BMPs) shall be submitted for review and approval by the Engineering Department.

57. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been

Resolution CC _-24 Page 10
installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection.

58. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted prior to final inspection.

59. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways prior to final inspection.

FIRE DEPARTMENT:

60. The addition/remodel of the Aquatic Equipment and Maintenance Building including the new Aquatic Office at the furthest point from the available fire hydrant is greater than 400 feet. Additionally, the applicant is unable to accommodate a fire access road with a route that is within 150’ of the area of work. In lieu of meeting the specific requirements state in CFC 507.5.1 and 503.1.1, the applicant proposes installing a NFPA 13 fire sprinkler system at the Aquatic equipment and maintenance building including the new aquatic office. Sprinkler protection will be provided at both the existing, remodeled, and area of addition. To further improve the conditions, a Knox box at the egress gate will be provided for more direct access.

61. Make a note on building permit set coversheet that an approved AMMR is included.

62. A copy of the Alternate Means/Methods application form, with approval signature shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval.

Please refer to the Conditions of Project Approval set forth herein. If you believe that these conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all requirements of Section 66020, you will be legally barred from later challenging such exactions.

Upon completion of the construction, a final inspection shall be required to be set with the Community Development and Engineering Departments two weeks prior to final building inspection approval.

NOTE: The Conditional Use Permit is valid for one year from the approval date. All required building permits must be obtained within one year from the approval date.

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ENVIRONMENT DESIGN and PROTECTION COMMITTEE
New Residence, Addition/Remodel, 2nd Unit
Application For: New Construction
Applicant Name: Fremont Hills Country Club
Site Address: 12889 Viscaino Place
Reviewed By: Peter, Grace
Field Trip Date: March 29, 2024

SITE IMPACT
This is a project to rebuild the pool house and move an office to the other end of the pool.

Not visible from neighbors.

Lighting
No lighting plan was provided, but we were told the exterior lights would be on timers, to be shut off after nighttime events.

Item 4.1 Attachment 4

History Committee
4-16-24
Los Altos Hills History Committee Request for Landmark Designation The Los Altos Hills History Committee at its April 16, 2024, passed the following motion: The Los Altos Hills History Committee request that the Fremont Hills Country Club place a Landmark Designation over the Martha Lynn Water Tower and the two historic stables with the following documentation.

Applicant: Fremont Hills Country Club
Application for: Conditional Use Permit (CUP) for New Pool House and other amenities.

Landmark Designation to be applied to: The Martha Lynn Water Towe and the two stables.

Reason for Designation: The Martha Lynn Water Tower is one of few remaining Water Tower’s in Los Altos Hills and is over and hundred and fifty years old and the two stables signify the roots of the land.

Historical Background of Site: The Club’s location was once the operational headquarters of Dr. Thomas Shumate’s 400-acre working Walnut Ranch of which remains the Water Tower built in 1906 by Martha Lynn and the two stables used for ranch operations and his home which is a National Landmark. Dr. Shumate was a resident of San Francisco where he owned a chain of thirty-two drug stores, was a police commissioner for 20 years, vice president of St. Francis Hospital, director of St. Francis Riding School and various boards. The 400-acres were acquired by the purchase of various land holding sometime between 1910 and 1912 encompassing the area between West Fremont and Conception and Purissima, including the Martha Lynn homestead and Fowler’s canyon.

When Dr. Shumate died in 1952, his four hundred acre-ranch was acquired by the Fremont Hills Development Company who proceeded to develop the area in four stages. When going through the Planning Commission review, the Commission asked that they make some allowance for a recreational facility and in 1958, the developers set aside fifteen acres for the use of those who were to occupy the homes being built. The site became the Fremont Hills Country Club including the two stables which now are the home of Windy Hill Equestrian, Inc., and the Martha Lynn Water Tower.

Incentives: If Fremont Hills Country Club is to incur increase in property taxes due to its remodeling and expansion, the Club might be able to receive a reduction in property taxes if the Club’s requested that the water tower and stables become California Landmarks through the California Landmark process or if special requests are made for its new development.

Note: Information for Historical Background: “Los Altos Hills, The Colorful Story” by Florence Fava, pages 85 and 86. Fremont Hills Country Club Fact Sheet: Included in packet.

Item 4.1 Attachment 5

OSC Review 12889 Viscaino Place
To: Los Altos Hills Planning Department
From: Open Space Committee
Date: February17th, 2024
Property address: 12889 Viscaino Place (Fremont Hills Country Club) Date of Site Visit: 3rd March, 2024
Lands of Fremont Hills Country Club APN 175-55-049
Town
Planner
Jonathan Fox Project
Number
SD24-0008
Lot Size (acre) Slope (%) LUF DA (sqft) FA (sqft) Earthworks (Cu Yd) 17 Reason for review: DEMOLITION AND REPLACEMENT OF THE POOLSIDE LOCKER BUILDING TO INCLUDE THE

ADDITION OF A MULTIPURPOSE ROOM AND ADDITION/REMODEL OF THE POOL UTILITY BUILDING FOR AN AQUATIC OFFICE

PROPERTY SUMMARY
Property sits at end of Viscaino Place between Roble Ladera Road and Purissima Road. This is a large property, the summary below concentrates on the proposed changes around the west of the pool house.

Fences: Chain link on west
Trees: Some Oaks on bank of creek, two trees to be removed Creeks/Swales: Deer Creek runs to the East
Wildlife Corridors:None noted
Geology/Slopes: All slopes <30%
Open Space Conservation Area: Yes
Existing Easements:10’ storm drain on East

OSC RECOMMENDATION

1. Remove all structures from Open Space Conservation area, including chain link fence.

2. If not already incorporated extend Open Space Conservation area to include from 25 feet from top of bank of Deer Creek.

3. Remove debris from Deer Creek and Open Space Conservation area.

4. Landscape with mostly native plants. A list of plants native to this region can be found at calscape.org.

5. Allow for wildlife movement by minimizing wildlife excluding fencing (use split rail)

6. Add Condition of Approval (COA) Shall remove all Stinkwort plants (Dittrichia graveolens)from entire property and the road Right of Way by manual pulling or herbicide by Sept 1 of each year until final building approval Item 4.1 Attachment 6

OSC Review 12889 Viscaino Place
Map of property
Map to the left, from EcoAtlas shows
Deer Creek running along the side of
Purissima Road. The area under
development is around the NW
corner of the pool
Town GIS map shows the Open Space
Conservation area in shaded green.

Item 4.1 Attachment 6

OSC Review 12889 Viscaino Place
Current Plans
Play Area and chain link fence
within 25’ of top of bank and within
OSC area.

Play Area to be removed. Two trees
to be removed. Not clear on status of
chain link fence.

Proposed Development Plans
Item 4.1 Attachment 6

OSC Review 12889 Viscaino Place
Pictures
Looking south into the
conservation area. The play
structure and chain link fence
are just to the left of the picture.

Deer Creek is to the right
Zoom in on debris in
conservation area.

Item 4.1 Attachment 6

OSC Review 12889 Viscaino Place
Ordinance & General Plan References
Municipal Code 10-2.702 Siting.
(e) Creek Protection. Structures shall be set back a minimum of twenty-five (25) feet from the top of bank of all creeks. Greater setbacks may be required along major creeks in the Town; however, lesser setbacks may be allowed where approved by the Planning Commission. Improvements required to all creeks shall be accomplished to appear natural and to maintain the natural meandering course of the existing creek. Creeks and banks shall be protected so as to remain in their natural state as much as possible. They should not be disturbed by the building or grading process. No grading shall be allowed in creeks or within the required setbacks from top of bank. Siting of structures shall be done with safety as a primary concern. Safety concerns and preservation of riparian habitat are required to be simultaneously addressed when designing development and required improvements to creeks. (§ 15, Ord. 299, eff.

December 11, 1985; §§ 6, 7, Ord. 370, eff. May 20, 1994; § 1, Ord. 504, eff. October 28, 2006) (iii) Open space/conservation easement perimeter fences shall provide openings sufficient to accommodate the free passage of wildlife through the easement. A split-rail wood fence (see exhibit) or equivalent design shall be required. Where a pathway is located within an open space/conservation easement, the perimeter fence shall be required to have at least two (2) openings at least as wide as the width of the pathway easement.

Conservation Element Policy 1.1 Avoid fencing, piping, and channelization of creeks when flood control and public safety can be achieved through measures that preserve the natural environment and habitat of the creek.

Conservation Element Policy 1.2 Work with the Santa Clara Valley Water District and other relevant regional agencies to enhance riparian corridors and provide adequate flood control by use of low impact restoration strategies.

Conservation Element Program 1.2 Continue to require open space easements along creeks and riparian corridors to ensure that these areas remain in their natural condition.

Conservation Element Policy 1.3 Preserve the integrity of riparian corridors as unique and environmentally sensitive resources.

Item 4.1 Attachment 6

OSC Review 12889 Viscaino Place
Conservation Element Program 1.4 Develop a comprehensive riparian policy that compiles and clarifies all relevant requirements for affected property owners.

Conservation Policy 2.2: Minimize disturbance of the natural terrain and vegetation. Preserve and protect native and naturalized plants, with special attention to preservation of unique, rare or endangered species and plant communities such as oak woodlands.

Conservation Policy 2.3: Preserve and protect Heritage Trees, including native oaks and other significant trees, on public and private property
Conservation Element Program 2.5 Encourage the dedication of conservation/open space easements or the public acquisition of areas that are rich in wildlife or of a fragile ecological nature to ensure their protection.

Conservation Policy 2.7: Avoid the development of environmentally sensitive areas that are rich in wildlife or of a fragile ecological nature, such as areas of rare or endangered species of plants, or riparian areas.

Conservation Goal 3: Maintain and enhance the integrity of wildlife habitat.

Conservation Program 3.3: Assess the potential for development patterns to fragment and isolate significant wildlife habitats.

Conservation Section 315: Planning for natural movement of wildlife can help avoid, minimize and compensate for serious negative impacts on wildlife and humans. Areas that link wildlife habitat have become vital because native animals such as deer, fox, bobcat, and coyote are prevented by roads, fences, homes and other development from moving freely as they once did.

Conservation Element Policy 3.1 Maintain and protect creeks and riparian corridors for wildlife that use this resource for food, shelter, migration and breeding.

Conservation Element Program 3.1 Continue to require open space easements along creeks and riparian corridors.

Conservation Element Policy 5.1 Keep or restore major drainage courses in their natural condition insofar as possible because of their importance in supplying major vegetation, land forms and wildlife habitat, and storm drainage.

Conservation Element Policy 5.2 Protect the Town’s groundwater from the adverse impacts of urban uses.

Conservation Element Program 5.2 In the planning, environmental impact review, and completion of all land development or land alteration projects, direct particular attention toward the protection of the natural water system.

Conservation Element Program 6.1 Protect and preserve native plant communities next to creeks to help prevent erosion.

Conservation Element Policy 11.1 Develop and implement programs by which the natural environmental features of the planning area can be conserved to the maximum extent feasible and by which areas already unduly disturbed by man can be returned to a more natural condition.

Conservation Element Policy 11.4 Ensure that the scale of building, the siting of development, the design and the materials of construction are harmonious with the natural setting.

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OSC Review 12889 Viscaino Place
Conservation Element Policy 11.5 Ensure that development projects are designed to conserve the natural slope, preserve existing native vegetation, limit invasive species, and conserve natural drainage channels and swales.

Land Use Element Policy 2.5 Steep slopes, canyons and ravines generally in excess of 30% slope, as well as natural swales and drainage channels, and geologic hazard areas within areas designated for residential development shall be left undisturbed and preserved in their natural condition to the maximum extent feasible.

Land Use Element Policy 2.6 Limits on the development of individual residential lots shall be determined based on evaluation of such factors as natural vegetation, topographic characteristics, soils and geology.

Land Use Element Program 2.3 Encourage the preservation of existing trees, rock outcroppings, ridgelines and other significant natural features.

Land Use Element Program 2.4 Encourage the preservation of native hillside vegetation and, if vegetation must be removed, require appropriate revegetation and planting in hillside areas.

Open Space Element Policy 1.2: Protect and maintain those areas necessary to the integrity of natural resources and processes, with special emphasis on, but not limited to, the groundwater recharge and drainage system, open spaces vital for wildlife habitat, open spaces suitable for agriculture, and other areas of major or unique ecological significance.

Open Space Element Policy 1.4: Preserve the natural beauty and minimize disturbance of the natural terrain and vegetation.

Open Space Policy 1.7: To the extent possible, link open spaces together visually and physically to form a system of open spaces.

Open Space Policy 1.8: Ensure that land uses and structures are compatible with the general open space quality of the planning area.

Safety Element Policy 1.1 Open space easements, zoning and other land use regulations shall be used to limit and, in some cases, prohibit development in areas of unstable terrain, active fault traces, water channels, flood plains, excessively steep slopes and other areas determined to be hazardous to public welfare and safety.

Safety Element Policy 1.2 Unstable terrain, active fault traces, water channels, flood plains, excessively steep slopes and other areas determined hazardous to public welfare and safety shall not be developed unless unobtrusive corrective measures can assure public safety.

Safety Element Policy 2.2 Locate development so as to avoid geologic hazards, including slope instability, to the maximum extent feasible.

Safety Element Policy 3.1 Leave natural channels and flood plains in a natural state, unencumbered by development to the maximum extent feasible. Exceptions shall be made only in situations where it is essential to protect established property values or for public safety.

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