1 City Council Special Meeting Agenda
January 29, 2025
NOTICE TO PUBLIC
Any writings or documents provided to a majority of the City Council regarding any item on the open session portion of this agenda will be made available for public inspection in the City Clerk’s office located at 26379 Fremont Road, Los Altos Hills, California during normal business hours. These materials will also be made available on the City website at www.losaltoshills.ca.gov subject to Staff’s ability to post the documents before the meeting.
REVISED ON JANUARY 24, 2025
NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING OF THE
LOS ALTOS HILLS CITY COUNCIL WILL BE HELD ON
WEDNESDAY, JANUARY 29, 2025, AT 1:00 P.M.
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference. Members of the City Council may participate remotely from time to time in accordance with the provisions of Government Code section 54953.
To attend the meeting in person:
City Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022 To provide Public Comment in person:
Members of the public wishing to speak are requested to complete a speaker card and submit it to the City Clerk at the meeting.
To participate in the meeting via Zoom Video Conference, please follow the instructions below:
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
If you wish to submit a public comment during the meeting, please use the following information. Before speaking, please identify yourself by name and where you reside. The City Council meeting will be live-streamed on the Town’s website and via Zoom at the following location:
Town of Los Altos Hills
City Council Special Meeting Agenda
Wednesday, January 29, 2025 at 1:00 PM
Council Chambers, 26379 Fremont Road
Los Altos Hills, California
2 City Council Special Meeting Agenda
January 29, 2025
https://bit.ly/January29PrioritySettingSessionLAH
Webinar ID: 818 4504 8978
Password: 94022
Public testimony will be taken at the direction of the Mayor and members of the public may only comment during times allotted for public comments. This meeting will be broadcast via livestream service at http://www.losaltoshills.ca.gov.
CALL TO ORDER (1:00 P.M.)
1. ROLL CALL
2. AGENDA REVIEW
3. PRESENTATIONS FROM THE FLOOR
Persons wishing to address the Council on any subject not on the agenda may do so now. Please complete a Speaker Card located on the back table of the Council Chambers and submit it to the City Clerk. Comments are limited to two (2) minutes per speaker. California law prohibits the Council from acting on items that do not appear on the agenda. Under a Resolution previously adopted by the Council, such items can be referred to staff for appropriate action, which may include placement on the next available agenda.
4. PRESENTATIONS AND APPOINTMENTS
A. Appointment to the Technology Committee – Sam Wood (Staff: A. Miller) B. Appointment to the Environmental Design and Protection Committee – Ivy Mei (Staff: A. Miller)
5. CONSENT CALENDAR
A. Approval of City Council Regular Meeting Minutes of December 19, 2024 (Staff: A.
Miller)
B. Approval of City Council Special Meeting Minutes of January 7, 2025 (Staff: A.
Miller)
C. Resolution Approving the Plans and Specifications for the 2025 Sanitary Sewer Repair and Replacement Project and Authorizing Staff to Advertise the Project for Bid (Staff: D. Liang)
D. Resolution Accepting the 2023 Sanitary Sewer Repair and Replacement Project
3 City Council Special Meeting Agenda
January 29, 2025
(Staff: D. Liang)
E. Resolution Accepting Open Space Easement at 14096 Seven Acres Lane; Lands of SA 96 LLC (Staff: J. Bradford)
F. Resolution Granting an Extension of the Expiration Dates for Building Permits for Various Residential Properties as listed in the Staff Report (Staff: J. Bradford) G. Amendment to the Resolution on Standing Committees: Termination of the Park and Recreation Committee and the Community Relations Committee, and the Creation of the Merged "Parks, Recreation, and Community Events Committee" (Staff: E.
Mahic)
H. Approval of City Council Special Meeting Minutes of January 11, 2025 (Staff: A.
Miller)
I. Approval of City Council Special Meeting Minutes of January 15, 2025 (Staff: A.
Miller)
6. ONGOING BUSINESS
A. Appointments to the Parks, Recreation, and Community Events Committee:
Jasmeen Pombra, Boxia Schmidt, Mukta Sharangpani, Yibin Tang, Kejun (Ben) Xu, Jennifer Kan Bardsley, Weiwen Li, April Anair, Lew Jamison, and Lana Einschlag (Staff: A. Miller)
B. Resolution Approving amendment #1 to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement between the Town of Los Altos Hills and Dave Jensen (Staff: D. Liang)
C. Introduction of Ordinance (First Reading) Amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code Adding Conflict of Interest Designations (Staff: S.
Mattas)
Motion to Wave Reading and Introduction of the Ordinance
7. NEW BUSINESS
A. City Council Appointments to Standing Committees and Outside Agencies (Staff:
A. Miller)
B. Resolution Granting Request for Extension of the Expiration date for Building Permit At 27800 Via Feliz and Applies Time Limitation Penalties (Staff: J.
4 City Council Special Meeting Agenda
January 29, 2025
Bradford)
8. STUDY SESSION
A. Council Priority Setting
B. Recommendation and Motion to Approve the Amended 2024-25 Work Plan
9. ADJOURN
Pursuant to Ordinance No. 506, the Council Meeting shall adjourn no later than 10:00 p.m., unless otherwise approved by a majority of the Councilmembers present.
ASSISTANCE FOR PERSONS WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk at 650-941-7222. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Copies of all agenda reports and supporting data are available for inspection at Town Hall, 26379 Fremont Road and the Los Altos Main Library 72 hours in advance of the meeting. A complete agenda can be found on the Town’s webpage: http://www.losaltoshills.ca.gov. A complete packet of information is available for inspection during the meeting at the table to the back of the Council Chambers.
The Council may take action on any agendized matter in any manner deemed appropriate by Council.
ITEM 4A
DATE: January 29, 2025
FROM: Arika Birdsong-Miller, City Clerk ABM
APPROVED: Peter Pirnejad, City Manager PP
RE: Appointment to the Los Altos Hills Technology Committee Attached for your review and consideration is an application from the following individual for appointment to the Los Altos Hills Technology Committee:
• Sam Woods
The term would begin in January 2025 and end in January 2029.
Resolution 90-22 stipulates that this committee's membership consists of a minimum of five (5) members and a maximum of seven (7) members. With this appointment, the Committee will have one (1) remaining vacancy.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
the Committee /
Commission for which
you are applying?
Please describe your
involvement in
community activities,
civic services, and
volunteer
organizations.
I am currently a member of theEPRC, and previously a member of the ECC. I was instrumental in acquiring and setting up our town amateur repeater, and am a member of the Emergency Group that manages the repeater.
What skills and / or
attributes will you bring
to the Committee /
Commission you are
applying for?
I have extensive communications knowledge and am currently using that knowledge in support of acquiring a hardened fiber based data network for the town.
What particular area of
responsibility on this
Committee /
Commission interests
you?
Please see my previous response.
Education Background
and Professional
Activities
BSEE Univ. of Calif, Berkeley grad studies Santa Clara
university.
Life Senior Member IEEE. More than 20 patents.
Please state reasons
why you want to
become a member of
this Committee /
Commission, including
what specific objectives
you would be working
toward as a member.
I believe that it is critical that the town has hardened communications ready for the next emergency.
Are you aware of any
existing or proposed
Town or private
projects or personal
relationships that may
create a conflict of
interest that could
affect your decisions?
No
If "Yes", please explain.
If "No", please type
"N.A."
NA
Are you aware of any
issues now or
proposed that might
require you to recuse
yourself?
No
If "Yes", please explain.
If "No", please type
"N.A."
NA
Membership on
standing Committees /
Commissions often
entails meetings
throughout the year,
and most Committees /
Commissions meet at
least once monthly.
Can you be available
for these meetings?
Yes
I voluntarily submit this application to the Town of Los Altos Hills Standing Committees/Planning Commission, and verify that the information contained in this application is correct.
Please check the box I have read the Code of Conduct for Appointed Persons Signature Samuel Wood
Date 12/13/2024
(Section Break)
Please let us know how
you heard about the
Town's Committees
and Membership
Application.
Town Event
(Section Break)
Please Note
Please note that your appointment will be posted on the Town’s website as a Standing Committee member. Your signed application is public record and will be available on request.
Online Resources Town of Los Altos Hills Website
Questions?
Questions and additional information regarding the selection process should be
directed to the City Clerk at 650-941-7222.
Thank you for your interest in serving your community!
Email not displaying correctly? View it in your browser.
ITEM 4B
DATE: January 29, 2025
FROM: Arika Birdsong-Miller, City Clerk ABM
APPROVED: Peter Pirnejad, City Manager PP
RE: Appointment to the Los Altos Hills Environmental Design & Protection Committee
Attached for your review and consideration is an application from the following individual for appointment to the Los Altos Hills Environmental Design & Protection Committee:
• Ivy Mei
The term would begin in January 2025 and end in January 2029.
Resolution 90-22 stipulates that this committee's membership consists of a minimum of five (5) members and a maximum of eight (8) members. With this appointment, the Committee would have one vacancy remaining.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
Ms Ivy Mei
Town of Los Altos Hills | Generated 1/24/2025 @ 12:15 pm by OnBoardGOV - Powered by ClerkBase Status
Name Ms Ivy Mei
Application Date 11/17/2024
Expiration Date 11/17/2026
Status Received
Board Vacancies Status Actions
Environmental Design & Protection
Committee
2 Pending
Basic Information
Name
Ms Ivy Mei
Contact Information
Address
Los Altos Hills, CA 94022
Yes, I am a resident
Yes
Email
Phone
Cell Phone
Business Phone
Are you a Registered Voter
No
Number of Years Town Resident
11 How many meetings have you attended of the Committee / Commission for which you are applying? 1 Please describe your involvement in community activities, civic services, and volunteer organizations.
Not too many
What skills and / or attributes will you bring to the Committee / Commission you are applying for? Interests in Environmental protection
What particular area of responsibility on this Committee / Commission interests you? regular member at this point
Education Background and Professional Activities
Attorney, and Series 6, 7, 65 and 66 and 63. CFP
Please state reasons why you want to become a member of this Committee / Commission, including what specific objectives you would be working toward as a member.
Community Services in Building
Are you aware of any existing or proposed Town or private projects or personal relationships that may create a conflict of interest that could affect your decisions? If Yes, please explain.
No
Are you aware of any issues now or proposed that might require you to recuse yourself? If Yes, please explain No
Membership on standing Committees / Commissions often entails meetings throughout the year, and most Committees / Commissions meet at least once monthly. Can you be available for these meetings? Yes
Please let us know how you heard about the Town's Committees and Membership Application.
Friend/Neighbor
Generated 1/24/2025 @ 12:15 pm
Los Altos Hills Regular City Council Meeting Minutes Page 1 Thursday, December 19, 2024
Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, December 19, 2024
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
Present: Mayor Stanley Q. Mok, Vice Mayor Lisa Schmidt, Council Member Linda Swan, Council Member Kavita Tankha, Council Member George Tyson
Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, City Clerk Arika Birdsong-Miller, Deputy City Manager Cody Einfalt, Finance Director Thomas Leung, Community Development Director Jay Bradford, and Public Works Director WooJae Kim
CALL TO ORDER (6:00 P.M.)
Mayor Mok called the meeting to order at 6:00 P.M.
1. ROLL CALL
Mayor Stanley Mok, Vice Mayor Schmidt, Council Member Linda Swan, Council Member Kavita Tankha, and Council Member Tyson were present.
2. PLEDGE OF ALLEGIANCE- Recited
3. AGENDA REVIEW
Council Member Tankha made a motion to approve the agenda placing ITEM 3D under ‘Presentations and Appointments’ to the ‘Consent Calendar’ and removing ITEM 7A from this agenda to a date uncertain. Council Member Swan seconded the motion. Approved, Vote 5-0.
4. PRESENTATIONS AND APPOINTMENTS
A. Proclamation Recognizing Art Curator Daniela Friedmann - Vice Mayor Schmidt recognized Art Curator Daniela Friedmann for her exceptional work and dedication in curating and installing art exhibits throughout Town Hall, enhancing the building's aesthetic and cultural appeal.
B. Presentation Honoring Los Altos Hills 2024 Lifetime Volunteer Award RecipientMayor Mok proudly presented the prestigious 2024 Lifetime Volunteer Award to Roy Woolsey in recognition of his exceptional dedication and years of invaluable service to the Town of Los Altos Hills. His unwavering commitment has left a lasting impact on the community, embodying the true spirit of volunteerism C. Presentation to Outgoing Vice Mayor Lisa Schmidt - Council Member Tyson delivered a presentation to outgoing Vice Mayor Lisa Schmidt, honoring her leadership as Vice Mayor in 2024 and her service as a Council Member during the other three of her four years in office. Her dedication and contributions have significantly shaped the Town of
Los Altos Hills Regular City Council Meeting Minutes Page 2 Thursday, December 19, 2024
Los Altos Hills. Supervisor Joe Simitian presented Vice Mayor Schmidt with a special recognition on behalf of the Board of Supervisors, honoring her contributions and service.
D. Vacating of Appointments to the Technology Committee- Rajiv Bhateja and Ron Haley—This item was moved to the CONSENT CALENDAR.
E. Interim Appointment to the North County Library Association – Vice Mayor Schmidt made a motion to appoint Council Member Swan as the interim representative to the North County Library Association. Council Member Tyson seconded the motion.
Approved, Vote 5-0.
F. Interim Appointment to the Santa Clara Valley Water District – Vice Mayor Schmidt made a motion to appoint Mayor Mok as the interim representative to the Santa Clara Valley Water District. Council Member Tyson seconded the motion. Approved, Vote 5-0.
5. PRESENTATIONS FROM THE FLOOR
1. Sergio Lopez, Mayor of the City of Campbell and Chair of Countywide Transit Agency VTA, informed the Council and the community that VTA plans to have a greater presence in the community.
2. Michael Grady, a Los Altos Hills resident, explained that the City Manager stated he is in the process of negotiating a development agreement with the owner of Twin Oaks. Mr.
Grady declared that the owner of Twin Oaks has no interest in negotiating with the Town.
Mr. Grady stated that he submitted a PRA and has yet to receive any responsive documentation from that request.
3. Eric Bredo, a Los Altos Hills resident, spoke about the number of units being discussed for development at the Twin Oaks site. Mr. Bredo asked that residents be informed about the status of the development agreement.
4. John O’Connell, a Los Altos Hills resident, stated that the City of Carmel is happy to collaborate and share their experience with the Housing Element with our City Council and staff. He noted that Carmel’s staff and residents are working together and providing monthly status reports to their Council.
5. Duffy Price, a Los Altos Hills resident, requested an amendment to the Housing Element.
6. Namrata, a Los Altos Hills resident, echoed the statements made by Mr. Grady and Mr.
Bredo, expressing concerns that adding so many houses in one area would place a significant strain on emergency services. She urged the City Council to amend the Housing Element.
7. Anaya Anand, a Los Altos Hills resident, asked the City Council to prioritize amending the Housing Element to limit the number of units in Twin Oaks.
Los Altos Hills Regular City Council Meeting Minutes Page 3 Thursday, December 19, 2024
8. RK Anand, a Los Altos Hills resident, requests that the Housing Element amendment be added to the next agenda.
9. Buvana Dayananda, a Los Altos Hills resident, emphasized the need for the Town to prioritize the Housing Element, considering the precedent set by the City of Carmel.
6. CONSENT CALENDAR
Council Member Swan made a motion to approve the Consent Calendar removing ITEM 6G and ITEM 6I to a date uncertain. Council Member Tankha seconded the motion. Approved, Vote 5-0.
A. Approval of the Special City Council Meeting Minutes - November 20, 2024 Approved, Vote 5-0.
B.. Approval of Regular City Council Meeting Minutes - November 21, 2024 Approved, Vote 5-0
C. Resolution Authorizing Deposit and Withdrawal from the Local Agency Investment Fund in the State Treasury Approved, Vote 5-0
D. Resolution Accepting the Town of Los Altos Hills Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2024 Approved, Vote 5-0.
E. Receive and Accept the Annual Report on Development Impact Fees in Compliance with AB1600 for the Fiscal Year Ended June 30, 2023 Approved, Vote 5-0.
F. Receive and Accept the Annual Report on Development Impact Fees in Compliance with AB1600 for the Fiscal Year Ended June 30, 2024 Approved, Vote 5-0.
G. Resolution Authorizing the Write-Off of Uncollectible Deposits Aged Over Three Years (Staff: T. Leung)--- REMOVED to date uncertain.
H. Resolution Granting the Request for Extension of the Expiration Dates for Building Permits at 26759 Shady Oaks Ct. Approved, Vote 5-0.
I. Resolution Approving Amendment No. 1 to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement between the Town of Los Altos Hills and Dave Jessen (Staff: D.
Liang)--- REMOVED to date uncertain.
J. Resolution Approving a Treated Sewer Effluent Transfer Agreement between the Town of Los Altos Hills and the City of Palo Alto Approved, Vote 5-0.
7. NEW BUSINESS
A. Consideration for Council Members and Staff International Travel to Participate in the ERAT Program for Advancement of AI In Government Operations ---REMOVED to date uncertain.
B. Consideration to Agendize A Discussion Of The Town’s Public Safety Approach Regarding The Town’s ALPR System And Private Security Contracts- Council Member
Los Altos Hills Regular City Council Meeting Minutes Page 4 Thursday, December 19, 2024
Tankha made a motion to agendize this item at the January 30, 2025 Regular Council Meeting. Council Member Tyson seconded the motion. Approved, Vote 5-0.
8. REPORT FROM COMMITTEES, SUB_COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Council Member Tyson stated that the Rule 20A/ Undergrounding Project is going well.
9. COUNCIL INITIATED ITEMS
1. Mayor Mok requested to add an item on the January 30, 2025, Regular Meeting agenda to discuss an appreciation event for Supervisor Joe Simitian and Anna Eshoo.
10. STAFF REPORTS
A. City Attorney Steve Mattas had no report.
B. City Manager Peter Pirnejad, speaking on behalf of all the Department Heads, stated that there was no report at this time.
11. SPECIAL ITEMS
A. Recognition of Mayor Stanley Mok – Council Member Swan presented Mayor Mok with recognition for his dedicated service as the 2024 Mayor of the Town of Los Altos Hills.
Mayor Stanley Mok presented a PowerPoint highlighting his achievements throughout the year as Mayor and expressed his gratitude to the City Council for entrusting him with the honor of serving as Mayor in 2024.
B. Council Member-Elect Rajiv Bhateja Oath of Office
Council Member-Elect Stanley Mok Oath of Office
Council Member-Elect Linda Swan Oath of Office
Supervisor Simitian administered the Oath of Office to Council Member Bhateja, Council Member Mok, and Council Member Swan, formally swearing them into their respective positions.
C. City Council Reorganization
1. Election of New Mayor and administration of Oath of Office Council Member Bhateja made a motion to appoint Council Member Kavita Tankha to serve as Mayor. Council Member Swan seconded the motion.
Approved, Vote 5-0.
Supervisor Simitian administered the Oath of Office to Mayor Kavita Tankha.
Mayor Tankha expressed her gratitude to the Council for appointing her as Mayor for 2025 and thanked the community and her family for their ongoing support. A 20-year resident of the Town, Mayor Tankha shared her appreciation for the opportunity to serve a community she deeply values.
Los Altos Hills Regular City Council Meeting Minutes Page 5 Thursday, December 19, 2024
2. Election of New Vice Mayor and administration of Oath of Office Council Member Swan made a motion to appoint Council Member Rajiv Bhateja to serve as Vice Mayor. Council Member Mok seconded the motion.
Council Member Tyson began by expressing his disappointment with the process, noting that he expected public and City Council input before any motion was presented. He emphasized the importance of clarity and structure in governance to avoid ambiguity and chaos, which he believes can be disruptive to the community.
Council Member Tyson advocated for maintaining tradition in leadership transitions, where roles such as vice mayor are determined based on longevity, experience, and election results. He underscored the value of experience, stating that leadership roles should not be treated as a trial by fire but as honors earned through service. Highlighting his qualifications, Council Member Tyson detailed his decade-long service in the Fire District, leadership roles in regional agencies, and contributions to initiatives like climate change, mental health, and infrastructure projects. He concluded by urging the City Council to consider the Vice Mayor position as a significant responsibility requiring experience and collaboration, rather than simply a title to be awarded.
City Council engaged in a thoughtful and comprehensive discussion regarding the selection of the Vice Mayor, carefully considering the qualities and experience required for the role. They also discussed the process and tradition surrounding the selection, weighing leadership skills, past contributions to the Town, and the ability to work collaboratively with fellow Council members. Despite these deliberations, there was no clear consensus, and the Council took Public Comment on the matter.
Public Comments:
1. Jitze Couperus
2. Jim Waschura
3. Lew Jamison
4. Roger Spreen
5. Duffy Price
6. Jonathan Weinberg
7. John O’Connell
8. Courtenay Corrigan
9. Allan Epstein
10. John Swan,
Approved, Vote 5-0.
Vice Mayor Rajiv Bhateja delivered his speech, expressing heartfelt thanks to the community and his family for their unwavering support. He also extended his gratitude to outgoing Vice Mayor Lisa Schmidt for her leadership. Looking ahead,
Los Altos Hills Regular City Council Meeting Minutes Page 6 Thursday, December 19, 2024
Vice Mayor Bhateja promised to serve with dedication, integrity, and humility, and shared that for the next four years, he would wake up each day asking, 'How can I serve my community best?'
3. Comments by the New Mayor and Vice Mayor.
Comments were made immediately following the selection of Mayor Tankha and Vice Mayor Bhateja.
Senator Josh Becker joined the meeting, expressing his eagerness to collaborate with the City Council in the future. He noted that the large turnout at the Council Meeting was a clear demonstration of the strong commitment and engagement the residents have in their community.
12. ADJOURN
The meeting was adjourned at 8:27 P.M.
Supervisor Simitian administered the Oath of Office to Vice Mayor Rajiv Bhateja.
Respectfully submitted,
Arika Birdsong-Miller
Los Altos Hills Special City Council Meeting Minutes Page 1 Tuesday, January 7, 2025
Town of Los Altos Hills
City Council Special Meeting Minutes
Tuesday, January 7, 2025
Council Chambers, 26379 Fremont Road, Los Altos Hills, California Royal Lahaina Resort & Bungalows, 2780 Kekaa Dr., Lahaina, HI 96761 8216 E. Orange Blossom Ln., Scottsdale, AZ 85250
Present: Mayor Kavita Tankha, Vice Mayor Rajiv Bhateja, Council Member Stanley Mok.
Council Member Linda Swan, and Council Member George Tyson
Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, City Clerk Arika Birdsong-Miller, Deputy City Manager Cody Einfalt
1. CALL TO ORDER (5:00 P.M.)
Mayor Tankha called the meeting to order at 5:00 P.M.
2. ROLL CALL
Mayor Kavita Tankha, Vice Mayor Rajiv Bhateja, Council Member Stanley Mok. Council Member Linda Swan, and Council Member George Tyson were present.
Council Member Tyson participated remotely from Royal Lahaina Resort & Bungalows, 2780 Kekaa Dr., Lahaina, HI 96761.
Council Member Swan participated remotely from 8216 E. Orange Blossom Ln., Scottsdale, AZ 85250.
3. PUBLIC COMMENT (Public Comment is Limited to Items which are the Subject of the Special Meeting)
1. Michael Grady, a Los Altos Hills resident, spoke about a public records request he submitted six weeks ago. While he received some documents related to the request, he noted that he had not received any email communications between the City Manager and the owners of the Twin Oaks property. Mr. Grady stated that he was shocked the City Manager would subject the Town to attorney fees in a potential lawsuit over a public records request. He also mentioned that his petition to amend the Housing Element had garnered 584 signatures.
Criticizing Mr. Pirnejad’s handling of the Housing Element issue, he stated that it would allow for the development of hundreds of units along Arastradero. He suggested that Mr.
Pirnejad be removed from the Housing Element process and proposed appointing a special committee of planning commissioners and residents to work on an amendment.
2. Allan Epstein, a Los Altos Hills resident, noted he had been led to believe that one of the items on today’s agenda was to discuss a Twin Oaks matter. He stated that the Town had assured residents that no more than 92 units would be built in the Twin Oaks area. He subsequently learned that provisions under the Housing Element could allow for the development of 200–800 new units in that area. Mr. Epstein said that level of development
Los Altos Hills Special City Council Meeting Minutes Page 2 Tuesday, January 7, 2025
would impose a hardship on immediate neighbors and the rest of the residents of the Town.
He explained that while he had heard Mr. Pirnejad had been negotiating with the developer to limit the number of units to 92, he pointed out that a similar arrangement in Los Gatos resulted in the developer opting to build hundreds of units instead. He urged the Council to take direct actions to amend the Housing Element or ensure that no more than 92 units are built on the Twin Oaks site.
3. John O’Connell, a Los Altos Hills resident, commented that he felt the agenda language should be clearer. He shared that he spoke with Mr. Pirnejad after the last Council meeting about negotiating an agreement with the developers of Twin Oaks to limit the number of units to 92. He felt there was no legal agreement that could reduce the entitlement under California law, except for placing deed restrictions on a property. Mr. O’Connell cited a case in Los Gatos where a developer used legal entitlement language to propose building 20–30 dwelling units per acre despite a prior agreement with the city. He stated that he had shared this language multiple times with both Mr. Pirnejad and Mr. Mattas. Mr. O’Connell expressed no confidence in the guidance he had received and emphasized that the only viable option for the Council was to amend the Housing Element and remove the specification of dwelling units per acre.
4. Eric Bredo, a longtime Los Altos Hills resident, expressed concerns about the Housing Element implementation and felt that amending it, following the example of the City of Carmel, was a reasonable proposal. He voiced frustration over the lack of feedback on this option and the absence of dialogue between the Council and the community. He speculated that the lack of communication stemmed from legal concerns and requested clarity about the law involved. Mr. Bredo emphasized that a large-scale development would be disastrous and urged the Council to engage in meaningful discussions with residents.
5. Nicolas French, a Los Altos Hills resident, acknowledged that no one was happy with the Housing Element but understood that it was necessary to address. He emphasized that amendments to contracts, like the Housing Element, were commonplace. Mr. French expressed confusion over the pushback against amending the Housing Element and urged the Council to consider input from professionals and committee experts. He encouraged the Council to explore all possibilities and act in the best interest of the residents, specifically opposing the development of over 300 units.
6. Lanvi Evans, a Los Altos Hills resident, shared similar sentiments to those expressed earlier and encouraged the Council to consider amendments to the Housing Element. She pointed out that the placement of the Housing Element banner was on the way out of Town rather than on the way in and recommended increasing signage around Town. She added that many residents felt misinformed or insufficiently informed about the issue.
7. Duffy Price, a Los Altos Hills resident speaking on behalf of Hills 2000 and Friends of the Hills, explained that the goals of these organizations were to preserve, protect, and enhance the Town of Los Altos Hills. She urged the City Manager and City Attorney to pursue amendments to the Housing Element and expressed her desire to limit the development of the Twin Oaks property to 92 units.
Los Altos Hills Special City Council Meeting Minutes Page 3 Tuesday, January 7, 2025
8. Namrata, a Los Altos Hills resident attending via Zoom, agreed with earlier comments and asked how the Town could ensure that the Twin Oaks development is restricted to 92 units.
She supported amending the Housing Element and suggested forming a committee of residents to provide input. Namrata also recommended initiating discussions with the City of Palo Alto regarding the impact of neighboring development.
9. Hari Sankar, a Los Altos Hills resident, stated that he had spoken and written to both the Planning Commission and City Council multiple times over the past 18 months, asking for amendments to the Housing Element. He expressed frustration over the lack of action and cited the City of Carmel’s example of amending its Housing Element after receiving negative feedback from residents. Mr. Sankar felt that Los Altos Hills residents had been given excuses and scare tactics rather than solutions. He described the current Housing Element as broken and demanded changes.
10. Nina Anand, a Los Altos Hills resident, urged the Council to immediately amend the Housing Element. She recalled being assured by then-Mayor Swan and the Council that the Twin Oaks property would only develop a maximum of 92 units. Ms. Anand criticized the possibility of adding 500–800 units and accused the Council of a lack of transparency on the issue. She reminded the Council of their responsibility to represent the interests of Los Altos Hills residents.
11. Birgitta Indaco, a Los Altos Hills resident and Planning Commissioner, concurred with other speakers and encouraged the Council to authorize the Planning Commission to investigate and formulate an amendment to the Twin Oaks property within the Housing Element. She emphasized that pursuing an amendment would not jeopardize the existing Housing Element and expressed skepticism about the guarantees of developer agreements.
12. Buvana Dayandan, a Los Altos Hills resident, voiced support for earlier comments and urged the Council to amend the Housing Element. She referenced the Twin Oaks development project and emphasized the need for immediate action to address residents’ concerns.
13. Ian Earnest, a Los Altos Hills resident, expressed frustration that his neighborhood was bearing the burden of supporting development under the Housing Element. He stated his desire to limit the development of the Twin Oaks property to 92 units and urged the Council to act in the interest of representative governance.
14. Erin Vitas, a Los Altos Hills resident, described the unanimous concerns expressed by residents as indicative of a significant issue. She warned of potential evacuation challenges during emergencies, citing a friend’s experience in Palisades during a fire. Ms. Vitas urged the Council to prioritize residents’ safety, consider an amendment to the Housing Element, and explore environmentally innovative solutions for affordable housing.
15. Alisa Bredo, a Los Altos Hills resident and Planning Commissioner, expressed support for the Council, Commission, and staff to review and amend the current Housing Element. She stated that planning development in one area to meet RHNA numbers was not the intention and aligned herself with earlier comments from residents.
16. TT Ramgopal, a Los Altos Hills resident, raised concerns about the fire hazards posed by the density of development being considered. He advocated for limiting the Twin Oaks development to 92 units and asked how residents could assist in achieving that goal.
Los Altos Hills Special City Council Meeting Minutes Page 4 Tuesday, January 7, 2025
17.Carol Gottlieb, a Los Altos Hills resident, encouraged the Council to amend the Housing Element. She noted that many residents did not fully understand the implications of thecurrent plan. She also urged the Council to continue implementing other Housing Element items alongside exploring solutions for amendments.
18. Sandra, a Los Altos Hills resident, explained that she did not initially oppose the Housing Element proposal to the state but felt let down by the Town’s lack of transparency and trustbuilding. She criticized the concentration of new housing in one area and called for equitable distribution across Town. Sandra noted residents’ protests and litigation threats as evidence of the Council’s failure to engage with the community effectively.
4. ADJOURN TO CLOSED SESSION TO DISCUSS THE FOLLOWING:
A. Conference with Legal Counsel – Existing Litigation
(Pursuant to Government Code Section 54956.9(d)(1))
Sea Landing Limited Partnership v. Town of Los Altos Hills, Case No. 22CV400255 B. Conference with Legal Counsel – Existing Litigation
(Pursuant to Government Code Section 54956.9(d)(1))
Linebarger v. Town of Los Altos Hills, Case No. 2015-1-CV-282970 C. Conference with Legal Counsel – Anticipated Litigation (Pursuant to Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation – two cases
5. ADJOURN CLOSED SESSION
Mayor Tankha adjourned to Regular Meeting to Closed Session at 5:46 pm.
6. REPORT OUT OF CLOSED SESSION
There was no reportable action from the Closed Session.
7. ADJOURN
The meeting was adjourned at 8:20 pm.
Respectfully submitted,
Arika Birdsong-Miller
ITEM 5C Staff Report
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2025 SANITARY SEWER REPAIR AND REPLACEMENT
PROJECT AND AUTHORIZING STAFF TO ADVERTISE THE
PROJECT FOR BID
FROM: WooJae Kim, Public Works Director
Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a resolution (Attachment 1) approving the Plans and Specifications for the 2025 Sanitary Sewer Repair and Replacement Project and authorize staff to advertise the project for formal bid.
BACKGROUND:
Per the Annual Sanitary Sewer Replacement and Rehabilitation approved in the Adopted Operating and Capital Budgets for FY2024-2025 and FY2025-2026, the Public Works Department compiles a list of sanitary sewer segments with significant defects to be improved each year with a project budget of $900,000 for each of the FY 2024-25 and FY 2025-26 funded through the Sewer Enterprise Fund. The main objective of the annual sanitary sewer repair and rehabilitation program is to repair and replace defective sewer pipes in the Town's sanitary sewer system to maintain uninterrupted conveyance of wastewater to the Palo Alto Regional Water Quality Control Plant (RWQCP) through the collection systems of the Cities of Palo Alto and Los Altos. These improvements will also reduce the risk of sanitary sewer overflows.
Per the Town’s Municipal Code section 2-4.04, titled “Formal and informal procedures for the purchase and procurement of goods, services, and public projects in excess of sixty thousand dollars ($60,000)”, all purchases or procurements of goods, services (including professional, special, and personal), and public projects, the cost of which is in excess of sixty thousand dollars ($60,000.00) shall be made through either informal or formal procedures as provided for in this section. All purchases or procurements of goods, services, and public projects, the cost of which is more than two hundred thousand dollars ($200,000.00), shall be based upon specifications or a scope of work approved by the City Council.
Article (2) of Municipal Code section 2-4.04 says “Formal Bid Procedures for Procurement of Public Projects. Procurement of public projects valued at more than two hundred thousand dollars ($200,000.00) shall be submitted for formal bidding. The notice inviting bids shall be advertised upon authority of the City Council, and such advertisement shall
Staff Report to City Council Page 2
2025 Sewer Repair and Replacement Project
January 29, 2025
be published two (2) times in a newspaper of general circulation published nearest to the Town, and in addition, invitations to bid may be mailed to prospective vendors at the discretion of the City Manager. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids.
The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or e-mail and mailed to all construction trade journals specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen (15) calendar days before the date of opening the bids. The bids submitted shall be received by the City Clerk, to be opened by the City Manager at the time designated.” DISCUSSION:
Waste Collection System Asset Management Plan
In 2024, the Town hired V.W. Housen & Associates to develop a Wastewater Collection System Asset Management Plan (CSAMP) with the following goals:
• Develop a numerical risk model that assigns risk scores to every gravity sewer pipe segment based on likelihood and consequence of failure. • Identify and prioritize repair and replacement of gravity sewer pipelines for the annual sanitary sewer capital program based on risk scores. • Review and assist with the scheduling of planned pipeline replacements, manhole repairs, and spot repairs based on system-wide replacement priorities for the next five to ten years.
• Incorporate necessary improvements for force mains, lift stations, and large trunklines based on field knowledge and existing studies. • Assist staff in reviewing operations/maintenance cost effectiveness on cleaning frequencies, CCTV schedules, delineation of public sewer and private laterals, and root foaming schedules
Through the CSAMP study, V.W. Housen & Associates has developed a mathematical risk management model to calculate a risk score for each gravity flow sewer segment based on “likelihood and consequence of failure paraments” such as unresolved sewage spills, structural and operations/maintenance defects, Pipeline Assessment & Certification Program (PACP) scores, liquefaction potential, pipe capacity, level of service, proximities to waterways/main roadways/schools, pipe diameter, and pipe material. The different paraments are given criteria weighted scores, and the sewer main segment risk score is tabulated from the summation of all criteria scores. A risk score can range from 1 to 3150, with 1 being of the lowest risk of failure.
Consultant evaluated 1,560 gravity flow sewer main pipe segments and assigned each segment with a risk score. Through the risk model, 33 sewer pipe segments with a risk score of over 800 were identified, 800 being an arbitrary risk score set to trigger repairs or improvements needed. These 33 segments are now being evaluated and considered for the
Staff Report to City Council Page 3
2025 Sewer Repair and Replacement Project
January 29, 2025
Annual Sanitary Sewer Replacement and Rehabilitation Program within the next five years.
Based on a fully inspected gravity sewer pipe system with only 33 out of 1560 segments with a risk score over 800, V.W. Housen & Associates has determined that the overall condition of the Town’s sanitary sewer infrastructure and the sewer operations and maintenance program are in good standing. According to the consultant, sewer pipe segments with risk scores over 800 or with significant structural defects can be addressed or improved within the next five to six years through the annual sewer capital program funded through the Sewer Enterprise Fund.
2025 Sanitary Sewer Repair and Replacement Project Description The 2024 Sanitary Sewer Repair and Replacement is being combined with 2025 sewer capital improvement project. Due to rising capital costs from the RWQCP, the expenditures or the budget for the annual Town sewer capital improvement projects need to be reevaluated. Staff is looking to conduct a Sewer Rate Study in 2026. The last sewer rate update was approved in 2022. If necessary, the scope of the 2026 sewer capital project would be increased per CSAMP and other operational needs.
The 2025 Sanitary Sewer Repair and Replacement Project will improve sanitary sewer mains by replacing and upsizing existing defective vitrified clay pipes (VCP) with high density polyethylene (HDPE) or polyvinyl chloride (PVC) pipes and prolong the service life of the existing segment with the cured-in-place method. The defects of existing VCP pipes include cracks, fractures, joint separations, joint offsets, root intrusions, and sags.
These sewer segments are located under the streets within the public right-of-way or in the public utility easements on private properties within the Town limits. The selection of sewer segments is based on following factors:
• CSAMP risk scores provided by V.W. Housen & Associates in 2024 • PACP severity scores provided by West Bay Sanitary District • Past incidents of SSO’s compiled by Town staff
• Monthly maintenance reports provided by West Bay Sanitary District • High frequency of maintenance cleaning schedule
• Findings provided in the 2018 Wastewater Collection System Master Plan Final Report prepared by Woodard & Curran
The goal is to reduce the risk of SSO’s, reduce the overall maintenance cost, increase the efficiency of Preventative Maintenance, eliminate capacity deficiencies, and improve the overall performance of the sanitary sewer system.
For sewer segments currently on the high frequency cleaning schedule of six months or 12 months, these sewer segments will be removed from the high frequency cleaning schedule and placed on the preventative maintenance cleaning schedule after improvements.
Staff Report to City Council Page 4
2025 Sewer Repair and Replacement Project
January 29, 2025
The 2025 Sanitary Sewer Repair and Replacement Project will improve ten sewer segments, install two new manholes, locate an existing buried manhole, reconnect a sewer lateral to remove a protruding pipe, and repair one existing manhole. Six of the ten sewer pipe segments in the 2025 sewer project have a CSAMP risk score of over 800.
The ten segments comprise of 1,887 linear feet of sewer pipes, which include 489 linear feet of existing sewer pipes to be improved by the trenchless pipe bursting method, 1,232 linear feet by the open trench method, and 166 linear feet by the Cured-in-place method.
See Attachment 2 for the sewer segments and manholes. Project Plans and Specifications can be viewed on the Town’s website at https://www.losaltoshills.ca.gov/579/CityCouncil-Meeting-Documents.
Authorize Advertising Bid Process
Staff prepared the bid documents, including Project Plans, Specifications, and the engineering estimate in-house. A Notice to Bidders will be published twice in the Los Altos Town Crier and posted on the Town's website. Similar to last year’s advertisement process, staff will send the Notice to Bidders to the Builders Exchanges, covering Alameda County, Santa Clara County, Contra Costa County, the Peninsula area, and the San Francisco Bay Area. Staff will also reach out to qualified contractors twice via telephone calls and emails to notify them of the project and remind them of the pre-bid meeting.
Staff recommends that the City Council approve the specifications and authorize staff to advertise the project and inspection services for bids on the 2025 Sanitary Sewer Repair and Replacement Project. If the recommended actions are approved, staff would return to Council in March 2025 to request an award of the construction contract to the lowest responsible bidder.
Schedule
The following is the tentative schedule for this project. The actual schedule will be developed and confirmed with the contractor based upon completion of the required contract documents:
Advertise for Bid February 2025
Bids Due Late February or Early March 2025
Award Construction Contract March 2025
Begin Construction May 2025
Construction Completion September 2025
ENVIRONMENTAL REVIEW
Repair and maintenance of publicly owned utilities used to provide sewerage is defined under California Environmental Quality Act (CEQA) Section 15301(b) as Categorically Exempt.
Staff Report to City Council Page 5
2025 Sewer Repair and Replacement Project
January 29, 2025
2024-25 CITY COUNCIL WORK PLAN:
This action is identified on the 2024 and 2025 City Council Work Plan under Protect & Maintain Infrastructure Priority for Sewer Rehabilitation and Repair.
FISCAL IMPACT:
The total estimated project cost is $900,000 as follows:
Construction (including contingency) $ 880,000
Project Administration $ 20,000
Total Estimated Project Cost $ 900,000
There is no fiscal impact associated with the recommendation. The amount allocated for the annual Sanitary Sewer Replacement and Rehabilitation Project is $900,000 for FY2024-25, and another $900,000 for FY2025-26. There is also approximately $330,750 in carry forward funds from previous fiscal years. The 2025 Sanitary Sewer Repair and Replacement Project will span two fiscal years. No additional appropriation is needed for this project.
ATTACHMENTS
1. Resolution
2. Sewer Segments and Manholes
RESOLUTION ___-25
RESOLUTION ___-25
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2025
SANITARY SEWER REPAIR AND REPLACEMENT PROJECT AND
AUTHORIZE STAFF TO ADVERTISE THE PROJECT FOR BIDS
WHEREAS, the Town of Los Altos Hills has appropriated $900,000 for the FY2024-25 Annual Sanitary Sewer Placement and Rehabilitation Project; and WHEREAS, the Town of Los Altos Hills has appropriated $900,000 for the FY2025-26 Annual Sanitary Sewer Placement and Rehabilitation Project; and WHEREAS, the Engineer’s Estimate for the 2025 Sanitary Sewer Repair and Replacement Project, including construction contingency and project administration, is $900,000; and
WHEREAS, the Utility Engineering Manager recommends that the City Council approve the project specifications for the 2025 Sanitary Sewer Repair and Replacement Project; and
WHEREAS, the Utility Engineering Manager recommends that the City Council authorize staff to advertise the project for bids.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
1. The project plans and specifications described in the City Council Agenda Summary for this Resolution are hereby approved.
2. The Public Works Department is authorized to advertise the 2025 Sanitary Sewer Repair and Replacement Project for bids.
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 29thday of January 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Birdsong-Miller, City Clerk
ITEM 5C Attachment 1
ATTACHMENT 2 - SEWER SEGMENTS AND MANHOLES 1/14/2025
No USMH DSMH Address
Risk
Score Length From To Method Reasons
BASE BID
1 EMH1171 EMH1174 St Francis Rd Easement 975 HF-12 292 6"VCP 8"PVC Open trench High risk score. Adjacent to Barron Creek and Pinewood School. Pipe defects include sags, cracks, and root protrusions2 OMH1064 OMH1065 25275 La Loma Dr Easement 6 HF-12 233 6"VCP 8"HDPE Pipe bursting Follow-up item, multiple joint offsets. Unable to CCTV or maintain3 KMH1083 KCO1084 25870 Ridgewood Ln Easement 6 HF-12 154 6"VCP 8"HDPE Pipe bursting Follow-up item, multiple joint offsets, unable to CCTV or maintain 4 EMH1155 EMH1154 26850 St Francis Street 1 PM 102 6"VCP 8"HDPE Pipe bursting Near Barron Creek. Pipe defects with root protrusions5 CMH1001 CMH1002 14690 Saltamontes Way
Street &
Easement 10 HF-6 118 6"VCP 10"PVC Open trench High flow. Two SSO's occurred in 2008 and 2014. In 2014, SSO spilled 1,006 gallons. Pipe defects with sags, joints with root protrusions and rootballs. 6 PMH1124 PMH1127 12102 Oak Park Ct Easement 1120 PM 78 6"VCP 8"PVC Open trench High risk score and high flow. SSO occurred in 2023 that spilled 6,300 gallons. Very flat pipe with sags. This segment is adjacent to a large drainage basin7 BMH1041 BMH1037 27190 Ohlone Ln Street 1150 PM 166 8"CIP - CIPP High risk score. The pipe crosses over Barron Creek. The cast-iron pipe is severely corroded on the interior wall8 ECO1024 26977 Beaver Ln Street Follow-up item. Unable to maintain the sewer segment without a manhole 9 ACO1002 14463 Liddicoat Cir Easement Follow-up item. Unable to maintain the sewer segment from the upstream without a manhole 10 OMH1079 OMH1080 25080 La Loma Dr Easement PM 8"HDPE Follow-up item. Protruding lateral hinders maintenance 1143
ALTERNATE BIDS
11 LMH1119 LMH1120 25445 Adobe Ln Street 850 PM 180 6"ACP 10"PVC Open trench 6" ACP pipe with capacity deficiency identified in the 2018 Woodard & Curran report. Very flat grade with multiple sags12 OMH1049 OMH1050 Rhus Ridge Dr Easement 850 HF-12 322 6"ACP 8"PVC Open trench 6" ACP pipe with capacity deficiency identified in the 2018 Woodard & Curran report. Very flat grade with multiple sags13 PMH1136 PMH1135 11629 Dawson Dr Easement 1900 HF-12 242 6"VCP 8"PVC Open trench High risk score. Adjacent to Hale Creek with sags14 KMH1123 Moody Rd, near 25342 Elena Rd Street Follow-up item, adjacent to Adobe Creek. Protruding pipe in the manhole hinders maintenance15 LMH1034 12859 Normandy Ln Easement PM 12"VCP Follow-up item. Buried manhole LMH1034 from Manhole LMH1035. 744
SubtotalSubtotal
2025 Sanitary Sewer Repair and Replacement Project
Town of Los Altos Hills
ITEM 5C Attachment 2
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
___________________________________________________________________________ SUBJECT: RESOLUTION ACCEPTING THE 2023 SANITARY SEWER REPAIR AND
REPLACEMENT PROJECT
FROM: WooJae Kim, Public Works Director
Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
____________________________________________________________________________ RECOMMENDATION: That the City Council:
1. Approve the attached resolution accepting the 2023 Sanitary Sewer Repair and Replacement project performed by Smelly Mel’s Plumbing, Inc. as complete.
2. Authorize the release of the final retention payment to Smelly Mel’s Plumbing, Inc.
3. Direct the City Clerk to file a Notice of Completion.
BACKGROUND:
The annual sanitary sewer repair and rehabilitation program is to maintain and improve the Town’s sanitary sewer system to allow safe and reliable conveyance of wastewater to the Palo Alto Regional Water Quality Control Treatment Plant through the collection systems of the Cities of Palo Alto and Los Altos. The annual project replaces damaged and deteriorated sanitary sewer main pipes located within street right of way and easement areas at various locations throughout the Town.
On August 17, 2023, the City Council approved the Plans and Specifications for the 2023 Sanitary Sewer Repair and Replacement Project (Project) and authorized staff to advertise the project for formal bid.
On October 19, 2023, the City Council awarded the Project to the lowest responsible bidder, Smelly Mel’s Plumbing, Inc. and authorized the City Manager to execute a construction agreement not to exceed $600,630 including contingency.
DISCUSSION:
The construction agreement for the Project was executed on January 5, 2024. Construction started on May 1, 2024, and the work was substantially completed on September 30, 2024. The construction inspection was performed by Public Works Engineering staff.
The Project replaced a total of 2,250 linear feet of sewer mains, including upsizing 1,749 linear feet of 6-inch vitrified clay pipes (VCP) to 8-inch high-density polyethylene (HDPE) sewer mains ITEM 5D Staff Report
Staff Report to City Council Page 2
Acceptance of 2023 Sanitary Sewer Repair and Replacement Project January 29, 2025
by pipe bursting, 296 linear feet of 8-inch VCP to 10-inch HDPE by pipe bursting, and 205 linear feet of 6-inch VCP to 8-inch polyvinyl chloride (PVC) by the open trench method. In addition, the contractor repaired a sewer main joint separation.
The final contract expenditure for Smelly Mel’s Plumbing includes eight (8) contract change orders, including one deductive change order for $69,000. Below is the project account summary:
Approved Actual
Total Approved Construction Budget $ 600,630
Original Contract Amount $ 520,630
Contract Change Orders $ 55,980
Total Project Expenditure $ 576,610
Staff recommends that the City Council accept the 2023 Sanitary Sewer Repair and Replacement Project to be complete and to allow for the remittance of the five percent retention to the Contractor 35 days following the project acceptance. A Notice of Completion will be filed for this capital improvement project upon approval by the City Council.
ENVIRONMENTAL REVIEW:
Repair and maintenance of publicly owned utilities used to provide sewerage is defined under California Environmental Quality Act (CEQA) Section 15301(b) as Categorically Exempt. 2024-25 CITY COUNCIL WORK PLAN:
This action was identified on the 2023 City Council Work Plan under the “Protect and Maintain Infrastructure” Priority Area. The annual sanitary sewer capital improvement projects continue to be in the 2024-25 City Council Work Plan.
FISCAL IMPACT:
The total project expenditure with Smelly Mel’s Plumbing, Inc. will be within the City Council approved budget of $600,630 for the 2023 Sanitary Sewer Replacement and Repair project.
ATTACHMENTS:
1. Resolution
2. Notice of Completion
RESOLUTION __-25
A RESOLUTION ACCEPTING THE 2023 SANITARY SEWER REPAIR AND REPLACEMENT
PROJECT AS COMPLETE, AUTHORIZING FINAL RETENTION PAYMENT TO THE
CONTRACTOR, AND DIRECTING THE CITY CLERK TO FILE NOTICE OF COMPLETION WHEREAS, on August 17, 2023, the City Council approved the Plans and Specifications for the 2023 Sanitary Sewer Repair and Replacement Project and authorized staff to advertise the project for formal bid.
WHEREAS, on October 19, 2023, the City Council awarded the project to the lowest responsible bidder, Smelly Mel’s Plumbing, Inc., and authorized the City Manager to execute a construction agreement not to exceed $600,630 including contingency; and
WHEREAS, construction agreement was executed on January 5, and the work started on May 1, 2024; and
WHEREAS, the project was substantially completed on September 30, 2024; and WHEREAS, the total project expenditure for the contracted work by Smelly Mel’s Plumbing, Inc. is $576,610, which is below the amount authorized by the City Council; and WHEREAS, Staff recommends that the City Council accept the 2023 Sanitary Sewer Repair and Replacement Project by Smelly Mel’s Plumbing, Inc. as completed and allow the remittance of the five percent retention to the contractor 35 days following the project acceptance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
Section 1. As recommended by staff, the City Council accept the 2023 Sanitary Sewer Replacement and Repair Project by Smelly Mel’s Plumbing, Inc. as complete and authorize staff to make the final retention payment concerning the above-described work.
Section 2. The City Clerk is hereby directed to file the notice of the completion of said project with the County Recorder of the County of Santa Clara, within ten (10) days from the date of this Resolution.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 29th day of January 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Kavita Tankha, Mayor
ATTEST:
Arika Birdsong-Miller, City Clerk
ITEM 5D Attachment 1
This Document is Recorded for the
Benefit of the Town of Los Altos
Hills and is Exempt from fee per
Government Code Sections 6103 and
27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that Smelly Mel’s Plumbing, Inc. on January 5, 2024, entered into a contract for the 2023 Sanitary Sewer Replacement and Repair project, in Los Altos Hills, situated in Santa Clara County, with the Town of Los Altos Hills. Said improvements were completed in accordance with the Plans and Specifications adopted by the City Council and upon the terms and conditions set forth and identified by the written contract.
On the 5th day of December 2024, the work provided to be done under the contract was fully completed with the terms of the contract.
NOTICE IS FURTHER GIVEN that the public board for whom the above-described work was done is the City Council of the Town of Los Altos Hills, a municipal corporation of the State of California, and that the name and address of the political subdivision for which the abovedescribed work was done is the Town of Los Altos Hills, State of California, Town Hall, 26379 Fremont Road, Los Altos Hills, California 94022.
NOTICE IS FURTHER GIVEN that the name of the contractor by whom the above-described work was done is as follows:
CONTRACTOR: Smelly Mel’s Plumbing, Inc.
______________________________
Daniel W Liang
Utility Engineering Manager
Town of Los Altos Hills
DATE:
ITEM 5D Attachment 2
I, Arika Birdsong-Miller, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal.
___________________________________
Arika Birdsong-Miller, City Clerk
Date: ____________________
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Item 5E Staff Report
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING AN OPEN SPACE EASEMENT AT 14096 SEVEN ACRES LANE; LANDS OF SA 96 LLC; FILE #SD20-0091
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) accepting the grant of an open space easement at 14096 Seven Acres Lane; Lands of SA 96 LLC.
BACKGROUND:
The subject property is a 1.00-acre lot with an average slope of 11.67%. Access to the site is provided by Seven Acres Lane, a public street. The property is gently sloped resulting in a LUF of
0.964 and a maximum development area (MDA) of 13,856 square feet and maximum floor area (MFA) of 5,704 square feet. An application for site development permit for a new residence and accessory dwelling unit was submitted to the Town on December 11, 2020, and approved at Fast Track by the Planning Director on March 23, 2021.
DISCUSSION:
The dedication of an open space easement was required as a condition of approval for the new residence and associated improvements that was approved by the Planning Director on March 23, 2021 (File #SD20-0091). The dedication is pursuant to General Plan Land Use Element Program
2.1 (Attachment 3) which states, “Continue to require the dedication of open space easements where appropriate as a condition of approval for new development”. The easement area, which is 2,000 square feet or 0.04 acres in size, includes portions of the property adjacent to a creek.
ENVIRONMENTAL REVIEW:
The open space easement dedication qualifies for the commonsense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
City Council Page 2
14096 Seven Acres Lane
January 29, 2025
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant 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 and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $65.00.
CONCLUSION:
The open space easement dedication is consistent with the goals of the Town’s General Plan Land Use and Conservation Elements. The requirement for an open space easement over those portions of property adjacent to a creek is consistent with prior site development permit approvals. Staff recommends that the Council accept the open space easement agreement granting an open space easement to the Town at 14096 Seven Acres Lane.
ATTACHMENTS
1. Resolution Accepting Grant of Open Space Easement
2. Open Space Easement Agreement
3. General Plan Land Use Element Goal 2/Program 2.1
4. SD20-0091 Approval Letter
Report prepared by: Jonathan Fox, Associate Planner
ITEM 5E Attachment 1
Resolution ____-25 Page 1
RESOLUTION ____-25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
(LANDS OF SA 96 LLC)
WHEREAS, SA 96 LLC (“Owner”) own the property commonly known as 14096 Seven Acres Lane, Los Altos Hills, California (APN 175-10-002); and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town; WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to this Resolution as Attachment A (“Agreement for Open Space Easement”) to limit the use of a portion of the property in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion;
WHEREAS, the Town finds the Agreement for Open Space Easement to be consistent with the Town’s General Plan and in the best interests of the Town; WHEREAS, the Owner and the Town recognize that the land subject to the Agreement for Open Space Easement is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and the Owner; WHEREAS, the Agreement for Open Space Easement contains the appropriate restrictions and covenants to preserve the natural and scenic character of the land; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Agreement for Open Space Easement attached to this Resolution as Attachment A; and the Mayor is hereby authorized and directed to execute the Agreement for Open Space Easement.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 29th day of January, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This Agreement for Open Space Easement ("Agreement") is made and entered into this 11 day of becetn �P-. , 2024, by SA 96 LLC ("Owners"), the owners of the property located at 14096 Seven Acres Lane, and the TOWN OF LOS ALTOS HILLS, a municipal corporation, ("Town").
RECITALS
A. Owners own that certain real property in the Town of Los Altos Hills commonly known as 14096 Seven Acres Lane, Los Altos Hills, California (APN 175-10- 002).
B. Town has adopted a General Plan and, pursuant thereto, may accept grants of open space easements on privately owned lands lying within the Town.
C. Town finds this open space easement to be consistent with the Town's General Plan and in the best interests of the Town.
D. Owner and Town desire to limit the use of a portion of the property more particularly described in Exhibit A attached hereto, by dedication of an open space easement in order to reduce potential adverse impacts on such land including grading, vegetation removal, and erosion, recognizing that such land is essentially unimproved and if retained in its natural state has substantial scenic value to the public and that the preservation of such land as open space constitutes an important physical, social, aesthetic and economic asset to the Town and to Owner.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions set forth herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:
Adopted May 8, 2008
Land Use Element
Los Altos Hills General Plan
Page LU-9
GOAL 2
Ensure that all development occurs in a manner that
minimizes disturbance of natural terrain, vegetation and wildlife, and maximizes the preservation of natural resources and open space.
Policy 2.1 Within incorporated Los Altos Hills and its sphere of influence dwelling types shall be limited to single-family detached residences, which may include a single secondary unit.
Policy 2.2 Residential densities shall be guided by considerations of topography, vegetative cover and significant physical limitations inherent in the natural environment.
Policy 2.3 The minimum parcel size shall be at least one acre and shall increase as the steepness of the land increases.
Policy 2.4 In subdividing land, the number of dwelling units permitted shall decrease as the steepness of the land increases.
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.
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.
Policy 2.7 The natural character of ridgelines shall be preserved to the maximum extent feasible.
Policy 2.8 Promote the use of green building methods and practices in the planning, design, construction, renovation, operations, and demolition of buildings.
Policy 2.9 The Town shall encourage the installation of drought-tolerant landscaping and other methods of reducing water use for landscaping.
Program 2.1 Continue to require the dedication of open space easements where appropriate as a condition of approval for new development. Each parcel shall be evaluated on a case-by-case basis during the site development review process to determine whether an open space easement should be required, based on the extent of steep slopes generally in excess of 30% slope and the presence of heritage oak trees and/or creek corridors.
Other considerations shall include the size of the proposed open space easement, its contiguity with existing open space easements, and whether the property is located within an Open Space Conservation Area.
26379 Fremont Road Los Altos Hills California 94022 (650) 941-7222 Fax: 650/941-3160 March 23, 2021
SA 96 LLC
211 Main Street #1393
Los Altos, CA 94022
RE: New residence with basement, new pool, and new detached accessory dwelling unit 14096 Seven Acres Lane
File #SD20-0091
Dear property owner:
Your request for a Site Development Permit for the above referenced project was approved at the Fast Track meeting of March 23, 2021. Please note the following conditions which apply to this approval:
PLANNING DEPARTMENT:
1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes.
2. 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 new residence shall be 36 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.
3. The property owner shall dedicate an open space easement at the northern portion of the property. Pathway easement shall be dedicated that follows the 30-foot setback from the northeasterly property line then turns west to completely encompass the drainage swale on site. The property owner shall provide plat map and legal description prepared by a registered civil engineer or licensed land surveyor and the Town shall prepare the dedication document.
The plat map and legal description shall be submitted to and approved by the Town prior to building permit issuance and recorded prior to final inspection. Existing improvements may remain until pathway is constructed, if necessary, and excess easement area can be abandoned accordingly. Easements may be abandoned if right-of-way obstructions like utility lines and/or anchors are later removed.
Lands of SA 96 LLC
14096 Seven Acres Lane
March 23, 2021
4. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Site Development Committee. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new residence from surrounding properties and streets.
All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
5. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, staff will review the water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit.
6. 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 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.
7. 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 residence complies with the 27’ 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 Planning Department prior to requesting a final inspection.
8. The property owner shall remove all Stinkwort (Dittrichia graveolens) plants from the entire property and in the road right-of-way by manual pulling or use of herbicide by October 1st of each year until the final approval of the project.
Lands of SA 96 LLC
14096 Seven Acres Lane
March 23, 2021
9. Roof eaves of all structures shall not encroach more than 2 feet into the required side and rear yards, as shown on the plans. The roof eaves shall be shown on the site and civil plans in the construction drawings.
10. Modified exterior lighting is approved. Revised lighting plan showing shielded wall sconce light fixtures shall be submitted to the Planning for approval at time of submittal for building permit. Any changes to the approved lighting plan shall be approved by the Planning Department prior to installation. All exterior lighting fixtures shall have non-transparent glass, or shall be down directed or shielded non-movable fixtures. Light fixtures shall not exceed color temperature of 3000K and emit no more than 600 lumens. No lighting may be placed within setbacks except two driveway or entry lights.
11. 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 Planning 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.
12. 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.
13. Fire retardant roofing (Class A) is required for all new construction.
14. All space heating and water heating systems installed in a new residence and/or detached habitable building shall be all-electric systems. Gas or propane heating systems are not permitted. If gas cooking or clothes drying appliances are installed, then dedicated electrical receptacles and circuits will be required to allow for future electric appliances. Fireplaces and all outdoor gas appliances are excluded from these requirements.
15. All construction shall comply with 2019 California Green Building Standards Code, Part 11, Title 24 mandatory measures. The property owner shall provide a 2019 CalGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.
16. All construction shall comply with Section R337 of the 2019 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).
17. All properties shall pay School District fees to either the Los Altos 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 copy of the receipts.
Lands of SA 96 LLC
14096 Seven Acres Lane
March 23, 2021
ENGINEERING DEPARTMENT
18. Any, and all, changes to the approved Grading and Drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading moratorium (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.
19. 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.
20. All public utility services serving this property shall be placed underground. The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months.
21. 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 Seven Acres Lane and Fremont Road; 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.
22. 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.
23. The property owner shall pay a pathway fee of $10,943 prior to acceptance of plans for building plan check.
24. The property owner shall dedicate additional right-of-way easement to create a 30’ wide half-width public right-of-way to the Town over Seven Acres Lane. The property owner shall provide legal description and plat exhibits that are prepared by a registered civil engineer or a licensed land surveyor and the Town shall prepare the dedication document.
The dedication document, including the approved exhibits, shall be signed and notarized by the property owner and returned to the Town two weeks prior to acceptance of plans for building plan check.
25. A sewer improvement plan shall be required to be approved by the City Engineer prior to acceptance of plans for building plan check. An encroachment permit shall be required by the Town’s Public Works Department for all work proposed within the public right of way prior to start work.
Lands of SA 96 LLC
14096 Seven Acres Lane
March 23, 2021
26. A sewer hookup permit shall be required by the Town’s Public Works Department prior to acceptance of plans for building plan check. An encroachment permit shall be required for all work proposed within the public right of way prior to start work.
27. Peak discharge at 14096 Seven Acres Lane as a result of Site Development Permit SD20- 0091 shall not exceed the existing pre-development peak discharge value of the property.
Detention storage must be incorporated into the project to reduce the predicted peak discharge to the pre-development value for the proposed increase in impervious surface.
Please provide the data and peak discharge hydrologic model(s) utilized, as well as, the calculations of the peak discharge value prior and post development. Determine the design peak runoff rate for a 10-year return period storm and provide detention storage design plans to reduce the predicted peak discharge to the pre-development value. All documentation, calculations, and detention storage design (2 plan copies) shall be submitted for review.
28. 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.
29. 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.
30. 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 installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town prior to final inspection.
31. 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.
32. 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
32. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all portions of the residence. Three sets of plans prepared by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department Fire Prevention Division (16795 Lark Avenue, Suite 200, Los Gatos, CA 95032) for review and approval. The sprinklers shall be inspected and approved by the Fire Department, prior to final inspection and occupancy of the new residence.
Lands of SA 96 LLC
14096 Seven Acres Lane
March 23, 2021
33. Provide an access driveway with a paved all weather surface capable of supporting apparatus weight at least 75k pounds, a minimum unobstructed width of 14 feet, vertical clearance of 13 feet 6 inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
34. Potable water supplies shall be protected from contamination cause by fire protection water supplies. The applicant and any contractors shall contact the water purveyor supplying the site of such project, and shall comply with the requirements of that purveyor. These requirements shall be incorporated into the design of any water based fire protection systems, and/or fire suppression water supply systems or storage.
35. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard Detail and Specifications SI-7.
36. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that it is plainly visible and legible from the street or road fronting the property.
Numbers shall be a minimum of four-inches high with a minimum stroke width of 0.5 inch (12.7 mm) and shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.
Project approval may be appealed if done so in writing within 23 days of the date of the approval.
The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after the appeal period provided the applicant has completed all conditions of approval required prior to acceptance of plans for building plan check.
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 of the 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 Planning and Engineering Departments two weeks prior to final building inspection approval.
NOTE: The Site Development permit is valid for one year from the approval date (until March 23, 2022). All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years
Lands of SA 96 LLC
14096 Seven Acres Lane
March 23, 2021
Sincerely,
Jeremy Loh
Assistant Planner
Enclosure: Approved plans
ITEM 5F Staff Report
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING THE REQUEST FOR EXTENSIONS OF THE EXPIRATION DATES FOR VARIOUS BUILDING PERMITS.
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council approve resolutions granting the extension requests for the building permits outlined below, each with a new expiration date, as recommended in the individual staff reports and detailed attachments.
DISCUSSION:
Property owners for the various projects listed below have requested time extensions for their project entitlements or building permits due to construction delays, primarily resulting from impacts such as family situations, COVID-19, contractor changes, project complexity, and/or weather conditions. In accordance with the Town's Construction Time Limits Ordinance (Section 8-10.04), extensions are permissible where reasonable delays have occurred, and work remains incomplete. Each of these projects has not passed final inspection within the originally allotted time, but no fiscal impact is expected from the extensions.
The individual project details are as follows:
1. Lands of Setlur – 14554 De Bell Road
Permit Number: BLD21-0491
Original Expiration Date: June 22, 2024
New Expiration Date: January 29, 2026
Description: Construction of new additions to the main residence delayed due to foreign travel and illness.
Attachment: See Staff Report for BLD21-0491
2. Lands of Bryant - 25615 Fernhill Drive
Permit Number: BLD21-0577
Original Expiration Date: November 3, 2023
New Expiration Date: January 29, 2026
Description: Construction of new detached ADU delayed due to a personal family emergency.
Attachment: See Staff Report for BLD21-0577
2 City Council
Permit Extensions
January 29, 2025
3. Lands of Meyer Carol M Trustee – 26007 Torello Lane
Permit Number: BLD21-0234
Original Expiration Date: February 24, 2023
New Expiration Date: January 29, 2026
Description: Construction of a new detached ADU delayed due to construction issues and contractor replacements.
Attachment: See Staff Report for BLD21-0234
4. Lands of Thomander and Noelle – 11824 Hilltop Drive
Permit Number: BLD23-0078
Original Expiration Date: December 4, 2024
New Expiration Date: January 29, 2026
Description: Construction of new retaining walls delayed due weather conditions.
Attachment: See Staff Report for BLD23-0078
5. Lands of Venkatachary Srinivasan Trustee & Et Al – 11545 Crestridge Drive Permit Number: BLD21-0447
Original Expiration Date: October 25, 2023
New Expiration Date: January 29, 2026
Description: Construction of a new detached ADU delayed to a family situation.
Attachment: See Staff Report for BLD21-0447
The list above of projects, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolutions would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.
CONCLUSION:
In conclusion, it is recommended that the City Council approve the resolutions granting extension requests for the building permits outlined in the report, each with a new expiration date, as recommended in the individual staff reports and detailed in the attached documentation.
FISCAL IMPACT:
There is no fiscal impact associated with these time extension requests as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.
ATTACHMENTS
1. Staff Report for Lands of Setlur, 14554 De Bell Road, Building Permit: BLD21-0491
2. Staff Report for Lands of Bryant, 25615 Fernhill Drive, Building Permit: BLD21- 0577
3 City Council
Permit Extensions
January 29, 2025
3. Staff Report for Lands of Meyer Carol M Trustee, 26007 Torello Lane, Building Permit: BLD21-0234
4. Staff Report for Lands of Thomander and Noelle, 11824 Hilltop Drive, Building Permit: BLD23-0078
5. Staff Report for Lands of Venkatachary Srinivasan Trustee & Et Al, 11545 Crestridge Drive, Building Permit: BLD21-0447
6. Construction Time Limits Section 8-10.04-10.06
Report prepared by: Sunny Chao, Senior Planner
ITEM 5F Attachment 1
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE
EXPIRATION DATE FOR A BUILDING PERMIT FOR NEW ADDITIONS TO THE MAIN RESIDENCE, LANDS OF SETLUR; 14554 DE BELL ROAD.
PERMIT #: BLD21-0491.
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council adopt the resolution (Attachment 1) approving the extension request for Building Permit, BLD21-0491, with a new expiration date of January 29, 2026.
DISCUSSION:
The property owner is requesting an extension of Building Permit #: BLD21-0491 at 14554 De Bell Road that was originally issued on June 22, 2022. See Attachment 2 for a copy of the request.
New residence construction is limited to 24 months following issuance of the building permit if the estimated value of the project is between $250,001 and $500,000. See Attachment 3, which shows an excerpt from the Los Altos Municipal Code Title 8 Chapter 10 for time limitations set by project type and value. Since the estimated value of the project is between $250,001 and $500,000, the building permits expired on June 22, 2024. The Construction Time Limits Ordinance does allow the extension of time limit by two six-month extensions if the extension request is made in the allotted time as described in Section 8-10.04. For this request, however, the City Council must consider the extension as all other extension options have been exhausted. The applicant has submitted a request for an extension for up to a year to complete the work, which is their first extension request. This project, similar to others in the packet, experienced delays from COVID19, construction issues, and contractor replacements. A copy of the inspection record for the project is attached as Attachment 4 to help give a better understanding of the project progress.
Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.
The project details are as follows:
Lands of Setlur - 14554 De Bell Road
Permit Number: BLD21-0491
Original Expiration Date: June 22, 2024
New Expiration Date: January 29, 2026
City Council Page 2
14554 De Bell Road
January 29, 2025
Description: Construction of new additions to the main residence delayed due to foreign travel and illness.
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolution would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.
ENVIRONMENTAL REVIEW:
The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.
FISCAL IMPACT:
There is no fiscal impact associated with this time extension request as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.
ATTACHMENTS
1. Resolution Approving Time Extension for 14554 De Bell Road, Building Permit #:
BLD21-0491
2. Building Permit Extension Request
3. Construction Time Limits Section 8-10.04-10.06
4. BLD21-0491 Inspection Record
Report prepared by: Sunny Chao, Senior Planner
Attachment 1
RESOLUTION -25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR
NEW ADDITIONS TO THE MAIN RESIDENCE
(LANDS OF SETLUR)
WHEREAS, Govindaraj and Harini Setlur (“Owners”) owns the property commonly known as 14554 De Bell Road, Los Altos Hills, California (APN 175-04-013); and WHEREAS, the building permit (BLD21-0491) for new additions to the main residence was issued on June 22, 2022, with reasonable conditions of approval; and WHEREAS, the permits expired on June 22, 2024, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $250,001 and $500,000 at twenty-four (24) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension of approved Building Permit (BLD21-0491), subject to the originally adopted conditions.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 29th day of January 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
LOS ALTOS HILLS
I-��
CALIFORNIA
BUILDING DIVISION
Construction Time Limit Review and
Extension Request Form
Permit Extension Request Date: _No__v_5_,_2_0_______________ _24 _ _ Permit No: BLD21-0491
Address: 14554 De Bell Road, Los Altos Hill s CA, 94022 Permit Description: Add 567 sq ft to Rear-Rt & 331 Sq ft to Rear-Lft side of house Initial Permit Issuance Date: ---------------------- 06/22/22 Permit Expiration Date: _0 _6!_2_21__2_3 _________________ _ List any previous extensions granted (include dates): __ -_N__NO E__________
- _
Last Extensions Approved by: □ Building Official
D City Council
Total Number of Extensions Granted for this Permit: ------------- -NNO E - Expiration Dates for Previous Extensions: ________________ _ I would like to request a Permit Extension for the above project. Construction on this project was delayed due to the following circumstances (provide documentation regarding delays):
All construction is complete. Building inspections are complete. Pending work is landscape screening and final city inspection. Project was delayed due to foreign travel and illness. Please grant a 6-month extension until May 4, 2025. Landscape work will be completed by April 15, 2025
GOVINDARAJ SETLUR Name:--------------�---------------
Signature: -------------+-��i---____________ _
Title (if applicable): _-________________________ _
Business name (if applicable):_________ - _____________ _ Phone number: --------------------------- 408-234-2834
Em ail: [email protected]
Permit Extension Request Application Checklist:
o Completed application form and petition letter
o Documentation of original permit
o Documentation of project delays
o Original inspection record
o Planned timeline for project completion
26379 Fremont Road
Los Altos Hills, CA
94022 Phone: 650-947-2501 [email protected] Attachment 2
§ 8-10.04. Construction completion time limit guidelines.
New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:
TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:
TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.
The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.
Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.
In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 Attachment 3
six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.
Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.
If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07
LIST OF INSPECTIONS
SEQ
ID SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
UNDERGROUND
SEWER
ROBERT
JOHNSON
Notes:
9/28/2022 9/29/2022 FOUNDATION
STEEL CSG INSPECTOR PARTIAL Live Babak
Notes:
need letters from engineering, soils and survey
11/4/2022 11/7/2022 UNDERFLOOR
FRAME CSG INSPECTOR PASS Live Babak
Notes:
11/7/2022 11/7/2022 UNDERFLOOR
INSULATION CSG INSPECTOR PASS Live Babak
Notes:
12/19/2022 12/19/2022 ROUGH ALL
TRADES CSG INSPECTOR CORRECTIONS Live Babak
Notes:
Exterior shear and hold down inspection. Needs to add 4x4 post for continuous shear wall nailing. Needs strapping on ridge every 32 O.C. 12/19/2022 12/19/2022 ROOF NAILING CSG INSPECTOR CORRECTIONS Live Babak Notes:
Missing strapping on ridge 32" O.C.
12/20/2022 12/20/2022 ROOF NAILING CSG INSPECTOR PASS Live Babak Notes:
Permit Number: BLD21-0491
Site Address: 14554 DE BELL ROAD
City, State Zip Code: LOS ALTOS HILLS, CA 94022
Applied: 9/3/2021 Approved: 6/22/2022
Issued: 6/22/2022
Parent Permit:
Parent Project:
Applicant: SETLUR GOVINDARAJ N & HARINI G
Owner: SETLUR GOVINDARAJ N & HARINI G
Contractor: Antionio Alvarado
Description: ADD 567sqft to Rear-Rt & 331sqft to Rear-Lft side of house Finaled:
Status: EXPIRED
Details:
Notified the property owner that the permit is expired per the Town's Construction Time Limits Ordinance. Instructed owner to contact JB for extension.
Printed: Monday, 13 January, 2025 1 of 3
Permit Inspections
Town of Los Altos Hills
Attachment 4
12/20/2022 12/20/2022 EXTERIOR SHEAR
WALL HOLDOWNS CSG INSPECTOR PASS Live Babak
Notes:
2/9/2023 2/9/2023 ROUGH ALL
TRADES CSG INSPECTOR PASS Live Babak
Notes:
2/9/2023 2/9/2023 EXTERIOR LATH CSG INSPECTOR PASS Live Babak Notes:
2/23/2023 2/23/2023 ROUGH
INSULATION CSG INSPECTOR PARTIAL Live Babak
Notes:
CAULK ALL PENETRATIONS INCLUDING WINDOWS
3/7/2023 3/7/2023 DRYWALL
NAIL/SCREWS CSG INSPECTOR PASS Live Babak
Notes:
3/7/2023 3/7/2023 ROUGH
INSULATION CSG INSPECTOR PASS
Notes:
3/28/2023 3/28/2023 SHOWER PAN CSG INSPECTOR PASS Live Babak Notes:
7/12/2023 7/12/2023 **FINAL CSG INSPECTOR CORRECTIONS Live Babak Notes:
NEEDS PLANNING AND ENGINEERING SIGN OFF FIRST. NEEDS GFCI OUTLET IN BATHROOMS WORKING. 11/15/2023
GRADING
MORATORIUM
INSPECTION
ASTHA KHANAL
Notes:
3/12/2024 PM 998 ENGINEERING
FINAL** JOHN CHAU
Notes:
3/12/2024 PM 3/12/2024 PM 901 PLN FINAL JONATHAN FOX CORRECTIONS Notes:
Planning & Engineering Inspection Notes:
- Submit Certification Letters
- Apply and obtain approval for landscape screening
- Shield all exterior light fixtures
- Planning & Engineering will inspect again after landscape screening is installed.
Grading & Drainage Cert received and complete.
Notified the property owner that the permit is expired per the Town's Construction Time Limits Ordinance. Instructed owner to contact JB for extension.
Printed: Monday, 13 January, 2025 2 of 3
Permit Inspections
Town of Los Altos Hills
3/13/2024 PM 3/13/2024 999 BUILDING
FINAL** Chris Brown CANCELED PM TONY 408-912-3222
Notes:
Printed: Monday, 13 January, 2025 3 of 3
Permit Inspections
Town of Los Altos Hills
ITEM 5F Attachment 2
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE
EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW DETACHED ADU, LANDS OF BRYANT; 25615 FERNHILL DRIVE. PERMIT #: BLD21- 0577.
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council adopt the resolution (Attachment 1) approving the extension request for Building Permit, BLD21-0577, with a new expiration date of January 29, 2026.
DISCUSSION:
The property owner is requesting an extension of Building Permit #: BLD21-0577 at 25615 Fernhill Drive that was originally issued on May 3, 2022. See Attachment 2 for a copy of the request. New Accessory Dwelling Unit (ADU) construction is limited to 18 months following issuance of the building permit if the estimated value of the project is between $100,001 and $250,000. See Attachment 3, which shows an excerpt from the Los Altos Municipal Code Title 8 Chapter 10 for time limitations set by project type and value. Since the estimated value of the project is between $100,001 and $250,000, the building permits expired on November 3, 2023.
The Construction Time Limits Ordinance does allow the extension of time limit by two six-month extensions if the extension request is made in the allotted time as described in Section 8-10.04. For this request, however, the City Council must consider the extension as all other extension options have been exhausted. The applicant has submitted a request for an extension for up to a year to complete the work, which is their first extension request. This project, similar to others in the packet, experienced delays from a personal family emergency. A copy of the inspection record for the project is attached as Attachment 4 to help give a better understanding of the project progress.
Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.
The project details are as follows:
Lands of Bryant - 25615 Fernhill Drive
Permit Number: BLD21-0577
Original Expiration Date: November 3, 2023
New Expiration Date: January 29, 2026
Description: Construction of new detached ADU delayed due to a personal family emergency. Page 65 of 298
City Council Page 2
25615 Fernhill Drive
January 29, 2025
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolution would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.
ENVIRONMENTAL REVIEW:
The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.
FISCAL IMPACT:
There is no fiscal impact associated with this time extension request as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.
ATTACHMENTS
1. Resolution Approving Time Extension for 25615 Fernhill Drive, Building Permit #:
BLD21-0577
2. Building Permit Extension Request
3. Construction Time Limits Section 8-10.04-10.06
4. BLD21-0577 Inspection Record
Report prepared by: Sunny Chao, Senior Planner
Attachment 1
RESOLUTION -25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR
A NEW DETACHED ADU
(LANDS OF BRYANT)
WHEREAS, Diane Bryant (“Owner”) owns the property commonly known as 25615 Fernhill Drive, Los Altos Hills, California (APN 336-40-070); and WHEREAS, the building permit (BLD21-0577) for a new detached ADU was issued on May 3, 2022, with reasonable conditions of approval; and
WHEREAS, the permit expired on November 3, 2023, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new construction of accessory structures with a project valuation between $100,001 and $250,000 at eighteen (18) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension of approved Building Permit (BLD21-0577), subject to the originally adopted conditions.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 29th day of January 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
�t:L,.tlVt:U
TOWN OF LOS ALTOS HILLS
LOS ALTOS HILLS
Permit No:
BUILDING DEPARTMENT
Town of Los Altos Hills
http://www.losaltoshills.ca.gov/
PERMIT EXTENSION REQUEST
BLD21-0577
Permit Expiration Date: 11/03/22
Permit Description:
Address:
CONSTRUCTION OF A NEW DETACHED ADU 444 SF
25615 FERNHILL DRIVE
List any previous extensions granted:
Expiration Date for previous extension:
I would like to request a Permit Extension for the above project. Constrnction on this project was delayed due to .. P.�f�9t:l.q[ .f.qtDJ!Y. �m�m�n9Y.P.Y. �h� .. GIJ�r.i.t ... .......................................... .
Name: .. �.�.�9.��.<?�9 ...................................................... . •' ) .,
Signature .......... � ,-:."1.--:--;�:.
0 :: .................. ... .......................... .
Title (if applicable) .. �. �'.?j_E:.�!. ��.Q\�.€:�� .............................. .
Business name (if applicable) . -��-�?.�.�.Q� .�'?.��-t_r_��-t_i?� ........... .
Phone number .. ��_q���?.���1? .......................................... .
Email .. �.'-!!1.9.@�.�Y.c:r!?.9h�.�·.<?�i:r:1 ....................................... . 26379 Fremont Road
Los Altos Hills, CA 94022 Phone: 650-947-2501 bu i lding@losa Ito sh i I ls .ca.go'{_ Attachment 2
§ 8-10.04. Construction completion time limit guidelines.
New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:
TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:
TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.
The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.
Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.
In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 Attachment 3
six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.
Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.
If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07
LIST OF INSPECTIONS
SEQ
ID SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS 1/8/2024 1/8/2024 001 NOTES TO
INSPECTOR
BABAK MADANI
CSG STAFF ONLY
Notes:
ADU requires to have sprinklers. Need to have rough hydro pass to move forward with any other inspections. 1 1/8/2024 003 STOP WORK BABAK MADANI
CSG
Notes:
2 UNDERGROUND
SEWER
ROBERT
JOHNSON
Notes:
2 6/17/2022 6/17/2022 PIERS CSG INSPECTOR PASS Live Babak Notes:
all piers except pier located by A-1 not ready to pour. Will pour other piers for stability for last remaining pier. 2 6/30/2022 7/19/2022 SLAB STEEL CSG INSPECTOR PASS Live - PM Notes:
2 7/11/2022 9:00
AM 7/11/2022 FOUNDATION CSG INSPECTOR PASS
Notes:
2 7/25/2022 7/26/2022 UNDERFLOOR
FRAME CSG INSPECTOR PASS Live Babak
Notes:
underfloor frame and subfloor - pass inspection the contractor has to work with architect in designing underfloor ventilation. 2 8/5/2022 8/5/2022 ROOF NAILING CSG INSPECTOR PASS Live Babak Notes:
Permit Number: BLD21-0577
Site Address: 25615 FERNHILL DRIVE
City, State Zip Code: LOS ALTOS HILLS, CA
Applied: 10/6/2021 Approved: 5/3/2022
Issued: 5/3/2022
Parent Permit:
Parent Project:
Applicant: KAUFMANN ARCHITECTS
Owner: BRYANT DIANE M ET AL
Contractor: OWNER BUILDER
Description: CONSTRUCTION OF A NEW DETACHED ADU 444 SQ FT Finaled:
Status: ISSUED
Details:
Printed: Monday, 13 January, 2025 1 of 3
Permit Inspections
Town of Los Altos Hills
Attachment 4
2 8/5/2022 8/5/2022 EXTERIOR SHEAR
WALL HOLDOWNS CSG INSPECTOR PASS Live Babak
Notes:
2 11/16/2022 11/16/2022 ROUGH ALL
TRADES CSG INSPECTOR PARTIAL Live Babak
Notes:
MEPS pass inspection - needs to provide underfloor ventilation and a solution to enclosed soffits. Either spray foam or provide WUI venting 2 11/16/2022 11/16/2022 ROUGH FRAME CSG INSPECTOR PASS Live Babak Notes:
2 11/18/2022 11/18/2022 ROUGH
INSULATION CSG INSPECTOR PASS Live Babak
Notes:
2 11/23/2022 11/29/2022 DRYWALL
NAIL/SCREWS CSG INSPECTOR PASS Live Babak
Notes:
2 12/1/2022 12/1/2022 INTERIOR LATH CSG INSPECTOR FAIL Live Babak Notes:
NEEDS WUI COMPLIANT VENTS BEFORE APPLYING STUCCO
2 12/5/2022 12/5/2022 EXTERIOR LATH CSG INSPECTOR PASS Live Babak Notes:
INSTALLED WUI VENTS ALONG FRONT SOFFIT UNDER PORCH.
2 3/7/2023 3/7/2023 INTERIOR LATH CSG INSPECTOR PASS Live Babak Notes:
pan had water in it but they had no one but an admin worker to open the door and did not have anything to break plastic seal on shower pan. 2 10/12/2023 10/12/2023 UNDERGROUND
WATER CSG INSPECTOR FAIL Live Babak
Notes:
not under pressure
2 10/12/2023 10/12/2023 UNDERGROUND
SEWER CSG INSPECTOR FAIL Live Babak
Notes:
not under test. missing clean out
2 10/23/2023 10/26/2023 UNDERGROUND
SEWER CSG INSPECTOR PARTIAL Live Babak
Notes:
Needs to add a 90 and connect to septic
2 10/25/2023 10/26/2023 UNDERGROUND
WATER CSG INSPECTOR FAIL Live Babak
Notes:
line is 3/4" plans call for 2". Needs to install 2"
Printed: Monday, 13 January, 2025 2 of 3
Permit Inspections
Town of Los Altos Hills
2 11/3/2023
GRADING
MORATORIUM
INSPECTION
ASTHA KHANAL PASS
Notes:
2 1/8/2024 AM 1/8/2024
605 BLD
UNDERGROUND
UTILITIES
BABAK MADANI
CSG FAIL AM Hon 650-582-5447
Notes:
WATER
11:00 am
Main water line backfilled already. Needed to install 2" per fire requirements. 1" coming out of the ground.
Printed: Monday, 13 January, 2025 3 of 3
Permit Inspections
Town of Los Altos Hills
ITEM 5F Attachment 3
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE
EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW DETACHED ADU, LANDS OF MEYER CAROL M TRUSTEE; 26007 TORELLO LANE.
PERMIT #: BLD21-0234.
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council adopt the resolution (Attachment 1) approving the extension request for Building Permit, BLD21-0234, with a new expiration date of January 29, 2026.
DISCUSSION:
The property owner is requesting an extension of Building Permit #: BLD21-0234 at 26007 Torello Lane that was originally issued on August 24, 2021. See Attachment 2 for a copy of the request.
New residence construction is limited to 18 months following issuance of the building permit if the estimated value of the project is between $100,001 and $250,000. See Attachment 3, which shows an excerpt from the Los Altos Municipal Code Title 8 Chapter 10 for time limitations set by project type and value. Since the estimated value of the project is between $100,001 and $250,000, the building permit expired on February 24, 2023. The Construction Time Limits Ordinance does allow the extension of time limit by two six-month extensions if the extension request is made in the allotted time as described in Section 8-10.04. For this request, however, the City Council must consider the extension as all other extension options have been exhausted. The applicant has submitted a request for an extension for up to a year to complete the work, which is their first extension request. This project, similar to others in the packet, experienced delays from construction issues and contractor replacements.
Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.
The project details are as follows:
Lands of Meyer Carol M Trustee - 26007 Torello Lane
Permit Number: BLD21-0234
Original Expiration Date: February 24, 2023
New Expiration Date: January 29, 2026
Description: Construction of a new detached ADU delayed due to construction issues and contractor replacements.
City Council Page 2
26007 Torello Lane
January 29, 2025
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolutions would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.
ENVIRONMENTAL REVIEW:
The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.
FISCAL IMPACT:
There is no fiscal impact associated with these time extension request as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.
ATTACHMENTS
1. Resolution Approving Time Extension for 26007 Torello Lane, Building Permit #:
BLD21-0234
2. Building Permit Extension Request
3. Construction Time Limits Section 8-10.04-10.06
4. BLD21-0234 Inspection Record
Report prepared by: Sunny Chao, Senior Planner
Attachment 1
RESOLUTION -25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR
A NEW DETACHED ADU
(LANDS OF MEYER CAROL M TRUSTEE)
WHEREAS, Meyer Carol M Trustee (“Owner”) owns the property commonly known as 26007 Torello Lane, Los Altos Hills, California (APN 175-34-033); and WHEREAS, the building permit (BLD21-0234) for a new detached ADU was issued on August 24, 2021, with reasonable conditions of approval; and WHEREAS, the permits expired on February 24, 2023, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $100,001 and $250,000 at eighteen (18) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension of approved Building Permit (BLD21-0234), subject to the originally adopted conditions.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 29th day of January 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
Attachment 2
§ 8-10.04. Construction completion time limit guidelines.
New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:
TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:
TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.
The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.
Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.
In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 Attachment 3
six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.
Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.
If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07
LIST OF INSPECTIONS
SEQ
ID SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
UNDERGROUND
SEWER
ROBERT
JOHNSON
Notes:
9/2/2021 02:00
PM 9/3/2021 FOUNDATION STEEL
ROBERT
JOHNSON PARTIAL
Notes:
Pier cages are installed and match approved plans. Before concrete placement surveyors report verifying minimum setbacks are met , Special inspection report verifying rebar pier cages , UFER grounding electrode at pier closest to electrical service panel ( or sub panel) , and soils engineer report verifying pier holes are acceptable to receive improvement. When calling for concrete placement contractor is required to have special inspector present to verify concrete slump and take samples for concrete compression cylinders tests. 9/13/2021 1:30
PM 9/13/2021 UNDERFLOOR PLUMBING
Building
Inspector CORRECTIONS Live - WC3
Notes:
Correction- sleeve waste pipe penetration through stem wall/footing penetration DWV test ok
Contractor to be on site for all inspections
9/23/2021 09:00
AM 9/23/2021 SLAB STEEL ROBERT JOHNSON NOT READY Live
Notes:
No foreman or superintendent was present labor informed inspector that he did not speak English. Slab steel was not ready. 9/28/2021 11:00
AM 9/28/2021 FOUNDATION STEEL
ROBERT
JOHNSON PARTIAL Live
Notes:
Soils report for piers and void form required before concrete placement. Surveyors report to verify setbacks are met required before concrete placement. Contractor may place concrete as soon as forms required above are emailed to the building department. The forms required must be letters of approval without corrections. Special inspection report from/for, pier, cages collected and approved. 11/12/2021 09:30
AM 11/12/2021 ROOF NAILING ROBERT JOHNSON PASS Live
Notes:
Roof nail passes inspection. Exterior sheer walls and siding require engineer of record letter of approval, then contractor may install windows and doors.
Permit Number: BLD21-0234
Site Address: 26007 TORELLO LANE
City, State Zip Code: LOS ALTOS HILLS, CA
Applied: 5/6/2021 Approved: 8/23/2021
Issued: 8/24/2021
Parent Permit:
Parent Project:
Applicant: STACY OLGADO
Owner: MEYER CAROL M TRUSTEE
Contractor: POST AND LINTEL
Description: NEW ADU 796.5 SQ FT
Finaled:
Status: EXPIRED
Details:
Printed: Monday, 13 January, 2025 1 of 2
Permit Inspections
Town of Los Altos Hills
Attachment 4
4/17/2023 4/17/2023 ROUGH ALL
TRADES CSG INSPECTOR PARTIAL Live Babak
Notes:
Needs letters missing from previous inspections. Needs EOR letter for framing. MEPS - ok 4/17/2023 4/17/2023 GAS PRESSURE
TEST CSG INSPECTOR PASS Live Babak
Notes:
pre-drywall - ok
4/26/2023 4/27/2023 ROUGH
INSULATION CSG INSPECTOR PASS Live Babak
Notes:
5/8/2023 5/8/2023 DRYWALL
NAIL/SCREWS CSG INSPECTOR PASS Live Babak
Notes:
5/8/2023 5/8/2023 UNDERGROUND
GAS CSG INSPECTOR PASS Live Babak
Notes:
18" TRENCH WITH SAND GAS TEST PASS
Printed: Monday, 13 January, 2025 2 of 2
Permit Inspections
Town of Los Altos Hills
ITEM 5F Attachment 4
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE
EXPIRATION DATE FOR A BUILDING PERMIT FOR NEW RETAINING WALLS, LANDS OF THOMANDER AND NOELLE; 11824 HILLTOP DRIVE.
PERMIT #: BLD23-0078.
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council adopt the resolution (Attachment 1) approving the extension request for Building Permit, BLD23-0078, with a new expiration date of January 29, 2026.
DISCUSSION:
The property owners is requesting an extension of Building Permit #: BLD23-0078 at 11824 Hilltop Drive that was originally issued on December 4, 2023. See Attachment 2 for a copy of the request. Construction of new retaining walls is limited to 12 months following issuance of the building permit if the estimated value of the project is between $0 and $100,000. See Attachment 3, which shows an excerpt from the Los Altos Municipal Code Title 8 Chapter 10 for time limitations set by project type and value. Since the estimated value of the project is between $0 and $100,000, the building permits expired on December 4, 2024. The Construction Time Limits Ordinance does allow the extension of time limit by two six-month extensions if the extension request is made in the allotted time as described in Section 8-10.04. For this request, however, the City Council must consider the extension as all other extension options have been exhausted. The applicant has submitted a request for an extension for up to a year to complete the work, which is their first extension request. This project, similar to others in the packet, experienced delays from weather. A copy of the inspection record for the project is attached as Attachment 4 to help give a better understanding of the project progress.
Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.
The project details are as follows:
Lands of Thomander and Noelle - 11824 Hilltop Drive
Permit Number: BLD23-0078
Original Expiration Date: December 4, 2024
New Expiration Date: January 29, 2026
Description: Construction of new retaining walls delayed due weather conditions.
City Council Page 2
11824 Hilltop Drive
January 29, 2025
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolution would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.
ENVIRONMENTAL REVIEW:
The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.
FISCAL IMPACT:
There is no fiscal impact associated with this time extension request as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.
ATTACHMENTS
1. Resolution Approving Time Extension for 11824 Hilltop Drive, Building Permit #:
BLD23-0078
2. Building Permit Extension Request
3. Construction Time Limits Section 8-10.04-10.06
4. BLD23-0078 Inspection Record
Report prepared by: Sunny Chao, Senior Planner
Attachment 1
RESOLUTION -25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR
NEW RETAINING WALLS
(LANDS OF THOMANDER AND NOELLE)
WHEREAS, Benson Thomander and Jessica Noelle (“Owners”) own the property commonly known as 11824 Hilltop Drive, Los Altos Hills, California (APN 336-19-038); and WHEREAS, the building permit (BLD23-0078) for new retaining walls was issued on December 4, 2023, with reasonable conditions of approval; and WHEREAS, the permit expired on December 4, 2024, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new retaining walls with a project valuation between $0 and $100,000 at twelve (12) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension of approved Building Permit (BLD23-0078), subject to the originally adopted conditions.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 29th day of January 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
·.'
,.
WS ALTOS HILIB
-
CALIFORNIA
BUILDING DIVISION
Construction Time Limit Review and
Extension Request Form
RECEI\/ED
DECO 1! 2024
TOWN OF LOS ALTOS HILLS
Permit Extension Request Date: _1_2_/ _4_/2_0_2_4 _______________ _ Permit No: BLD23-0078
Address: 11824 Hilltop Dr
Permit Description: Install retaining walls behind (E) garage Initial Permit Issuance Date: ---------------------- 12/ 4/2023 Permit Expiration Date: ---- 12/ 4/2024 ------------------- List any previous extensions granted (include dates): _____________ _ Last Extensions Approved by: □ Building Official
D City Council
Total Number of Extensions Granted for this Permit: _____________ _ Expiration Dates for Previous Extensions: ----------------- I would like to request a Permit Extension for the above project. Construction on this project was delayed due to the following circumstances (provide documentation regarding delays):
The project didn't begin until the summer (after rainy season) and is now near completion. The retaining walls have been built and are ready for final inspection, so just need a little more time to complete the process.
Name: Ben Thomander
Signature: ·J!::;-T-0-
Title (if applicable): ----- Homeowner -------------------- Business name (if applicable): _____________________ _
Phone number: 408-914-8718
Email: [email protected]
Permit Extension Request Application Checklist:
o Completed application form and petition letter
o Documentation of original permit
o Documentation of project delays
o Original inspection record
o Planned timeline for project completion
26379 Fremont Road
Los Altos Hills, CA
94022 Phone: 650-947-2501 [email protected] Attachment 2
§ 8-10.04. Construction completion time limit guidelines.
New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:
TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:
TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.
The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.
Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.
In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 Attachment 3
six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.
Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.
If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07
LIST OF INSPECTIONS
SEQ
ID SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS 8/13/2024 PM 8/13/2024 610 BLD
FOUNDATION Chris Brown PASS PM Alex 408-761-5001
Notes:
1 of 3 retaining walls Footing ready for concrete placement 10/15/2024 PM 10/15/2024 609 RETAINING
WALL Chris Brown PASS pm alex 408-761-5001
Notes:
1/6/2025 PM 1/6/2025 PM 901 PLN FINAL JONATHAN FOX CORRECTIONS Notes:
Planning & Engineering Final Inspection
- Install subdrainage for retaining walls.
- Remove dirt piles and debris
- Planning & Engineering to return for inspection.
Permit Number: BLD23-0078
Site Address: 11824 HILLTOP DRIVE
City, State Zip Code: LOS ALTOS HILLS, CA
Applied: 2/14/2023 Approved: 12/4/2023
Issued: 12/4/2023
Parent Permit:
Parent Project:
Applicant: PATRICK O'DONNELL
Owner: THOMANDER BENSON AND JESSICA NOELLE
Contractor: Alex Gomez Landscape and Maintenance
Description: INSTALL RETAINING WALLS BEHIND (E) GARAGE
Finaled:
Status: ISSUED
Details:
Printed: Tuesday, 14 January, 2025 1 of 1
Permit Inspections
Town of Los Altos Hills
Attachment 4
ITEM 5F Attachment 5
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION GRANTING REQUEST FOR EXTENSION OF THE
EXPIRATION DATE FOR A BUILDING PERMIT FOR A NEW DETACHED ADU, LANDS OF VENKATACHARY SRINIVASAN TRUSTEE & ET AL;
11545 CRESTRIDGE DRIVE. PERMIT #: BLD21-0447.
FROM: Jay Bradford, Community Development Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
That the City Council adopt the resolution (Attachment 1) approving the extension request for Building Permit, BLD21-0447, with a new expiration date of January 29, 2026.
DISCUSSION:
The property owner is requesting an extension of Building Permit #: BLD21-0447 at 11545 Crestridge Drive that was originally issued on October 25, 2021. See Attachment 2 for a copy of the request. New detached Accessory Dwelling Unit (ADU) construction is limited to 24 months following issuance of the building permit if the estimated value of the project is between $250,001 and $500,000. See Attachment 3, which shows an excerpt from the Los Altos Municipal Code Title 8 Chapter 10 for time limitations set by project type and value. Since the estimated value of the project is between $250,001 and $500,000, the building permits expired on October 25, 2023.
The Construction Time Limits Ordinance does allow the extension of time limit by two six-month extensions if the extension request is made in the allotted time as described in Section 8-10.04. For this request, however, the City Council must consider the extension as all other extension options have been exhausted. The applicant has submitted a request for an extension for up to a year to complete the work, which is their first extension request. This project, similar to others in the packet, experienced delays from a family situation. A copy of the inspection record for the project is attached as Attachment 4 to help give a better understanding of the project progress.
Staff recommends granting an extension to allow for additional inspections necessary for project closeout. With this approved permit extension, the applicant will have a year from City Council’s approval of this request to complete the project. Following a year, the applicant will have to pay the final deposit bond in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000 for which if they exceed the extension’s time limit, the applicant will face penalties again. In addition, they will be required to apply for another permit extension.
The project details are as follows:
Lands of Venkatachary Srinivasan Trustee & Et Al - 11545 Crestridge Drive Permit Number: BLD21-0447
Original Expiration Date: October 25, 2023
New Expiration Date: January 29, 2026
Description: Construction of a new detached ADU delayed due to a family situation.
City Council Page 2
11545 Crestridge Drive
January 29, 2025
The above project, if approved, would result in a one-year extension from the City Council’s approval. The approved permit extension resolution would supersede any related conditions of approval in the planning entitlements and permitting compliance dates.
ENVIRONMENTAL REVIEW:
The proposed request is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), which exempts actions that can be seen with certainty will not cause significant environmental impacts.
FISCAL IMPACT:
There is no fiscal impact associated with this time extension request as the applicant pays a fee for service covering the Town’s costs.
2024-25 CITY COUNCIL WORK PLAN:
This is not part of the 2024-25 City Council Work Plan as extensions are, depending on applicability, part of the standard site development approval process.
ATTACHMENTS
1. Resolution Approving Time Extension for 11545 Crestridge Drive, Building Permit #:
BLD21-0447
2. Building Permit Extension Request
3. Construction Time Limits Section 8-10.04-10.06
4. BLD21-0447 Inspection Record
Report prepared by: Sunny Chao, Senior Planner
Attachment 1
RESOLUTION -25
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED BUILDING PERMIT FOR
A NEW DETACHED ADU
(LANDS OF VENKATACHARY SRINIVASAN TRUSTEE & ET AL)
WHEREAS, Venkatachary Srinivasan Trustee & Et Al (“Owner”) owns the property commonly known as 11545 Crestridge Drive, Los Altos Hills, California (APN 331-01-027); and
WHEREAS, the building permit (BLD21-0447) for a new detached ADU was issued on October 25, 2021, with reasonable conditions of approval; and WHEREAS, the permits expired on October 25, 2023, as the Town has adopted a Construction Time Limits Ordinance and, pursuant thereto, sets an expiration date for Building Permits for new dwellings and remodels with additions with a project valuation between $250,001 and $500,000 at twenty-four (24) months; and
WHEREAS, pursuant to the Construction Time Limits Ordinance, the City Council has the authority to grant reasonable extensions of time for Building Permits that have expired; and WHEREAS, the Town generally grants time extensions of one (1) calendar year; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owner, a one (1) year Time Extension of approved Building Permit (BLD21-0447), subject to the originally adopted conditions.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 29th day of January 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
LOS ALTOS HILLS BUILDING DIVISION
Construction Time Limit Review and
DEC O 9 2024
Extension Request Form
---------
---
Permit Extension Request Date: -----'-=-TOWN OF LOS ALTOS HILLS �l._"2._,1h�O�............ q /<t_3'. ______________ _ Permit No: Rl�D 11 - oU4 r Address: l l S. '-\ 8. C.<eS.j r\ O<j&- [)rive.
Permit Description: (oQ5fnACt\o V) \-.J(Hl 1-00 �Vt- €\DJ. W/(ovN-ru �v-c_�� 6e_c.J.:_ Initial Permit Issuance Date:�\ 0�_/ 2--_S�/_2· _l ________________ _ Permit Expiration Date: -I '-'0'-l• i /'----'":z'--"?+/--=2..=.3L------------------ List any previous extensions granted (include dates): ____________ _ Last Extensions Approved by: 0 Building Official
D City Council
Total Number of Extensions Granted for this Permit: ____________ _ Expiration Dates for Previous Extensions: _______________ _ I would like to request a Permit Extension for the above project. Construction on this project was delayed due to the following circumstances (provide documentation regarding delays):
fo�vv\\ h\ £.)::t\ACtv-\\ o V\ °' vuJ C((,c:S$ :to fa? ject:.
Title (if applicable): _______________________ _
Business name (if applicable): TB� [cJf1 s:trvt c-t-,'o '1 Phone number: (jO�J �LL{ g 8 8 6
Email: ur\-e,,\ ®J�S C 6\A�:\:nAC:\:\.C, V\. �-CD�
Permit Extension Request Application Checklist:
o Completed application form and petition letter
o Documentation of original permit
o Documentation of project delays
o Original inspection record
o Planned timeline for project completion
26379 Fremont Road
Los Altos Hills, CA
94022 Phone: 650-947-2501 [email protected] Attachment 2
§ 8-10.04. Construction completion time limit guidelines.
New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:
TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:
TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.
The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.
Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.
In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
Downloaded from https://ecode360.com/LO4964 on 2024-11-07 Attachment 3
six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.
Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.
If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
Downloaded from https://ecode360.com/LO4964 on 2024-11-07
LIST OF INSPECTIONS
SEQ
ID SCHEDULED DATE COMPLETED DATE TYPE INSPECTOR RESULT REMARKS
UNDERGROUND
SEWER
ROBERT
JOHNSON
Notes:
10/28/2021 3:30
PM 7/26/2022 FOUNDATION STEEL CSG INSPECTOR NO SHOW cancelled by RJ Notes:
11/3/2021 11:00
AM 11/3/2021 FOUNDATION STEEL
ROBERT
JOHNSON PASS Live
Notes:
20 Peers pass inspection with engineer letter of approval for rebar cages and soil's letter of approval for holes. Install grounding electrode before concrete placement. Before bare wire recommended due to depth of piers 11/23/2021 11:00
AM 12/2/2021 UNDERGROUND SEWER CSG INSPECTOR PASS Steve Davis 650-766-6359 Notes:
12/2/2021 02:00
PM 12/2/2021 SLAB STEEL ROBERT JOHNSON PASS Live
Notes:
Slab steel, Grade beams for landing, retaining wall, and stairs, matches approved set of plans and passes inspection. Engineer of record letter of acceptance collected and approved. OK to place concrete. 1/12/2022 10:00
AM 1/12/2022 RETAINING WALL REBAR CSG INSPECTOR PASS Steve Davis 650-766-6359 Notes:
3/15/2022 10:00
AM 3/15/2022 ROUGH ALL TRADES CSG INSPECTOR PARTIAL Live - Babak Madani Notes:
WEST WING, PORCH AND BACK PATIO PASS.
Permit Number: BLD21-0447
Site Address: 11545 CRESTRIDGE DRIVE
City, State Zip Code: LOS ALTOS HILLS, CA 94024
Applied: 8/13/2021 Approved: 10/25/2021
Issued: 10/25/2021
Parent Permit:
Parent Project:
Applicant: VENKATACHARY SRINIVASAN TRUSTEE & ET AL
Owner: VENKATACHARY SRINIVASAN TRUSTEE & ET AL
Contractor: <NONE>
Description: CONSTRUCT NEW 700 SQ FT ADU W/COVERED PORCH
AND DECK
Finaled:
Status: EXPIRED
Details:
Printed: Tuesday, 14 January, 2025 1 of 2
Permit Inspections
Town of Los Altos Hills
Attachment 4
7/19/2022 7/20/2022 UNDERGROUND
SEWER CSG INSPECTOR PARTIAL Live Babak
Notes:
needs to install cleanout 2ft outside ADU
9/20/2022 9/20/2022 FOUNDATION
STEEL CSG INSPECTOR CORRECTIONS Live Babak
Notes:
Plans call for bottom of stairs to be epoxied into grade beam, currently just blended into patio slab. Plans call for vapor barrier, which is not present. 9/27/2022 9/28/2022 RETAINING WALL
REBAR CSG INSPECTOR PASS Live Babak
Notes:
Rebar for ADU stairs and slab - Pass
10/12/2022 10/13/2022 EXTERIOR SHEAR
WALL HOLDOWNS CSG INSPECTOR PASS Live Babak
Notes:
6/28/2023 6/28/2023 ROUGH ALL
TRADES CSG INSPECTOR CORRECTIONS Live Babak
Notes:
1. CANT HAVE ANY ROMEX TOUCHING SPRINKLER PIPE
2. CANNOT HAVE SUBPANEL INSIDE BATHROOM
3. FIRE SIGN OFF
8/21/2023 8/21/2023 ROUGH ALL
TRADES CSG INSPECTOR PASS Live Babak
Notes:
9/20/2023 9/20/2023 ROUGH
INSULATION CSG INSPECTOR PASS Live Babak
Notes:
10/16/2023 10/16/2023 SHOWER PAN CSG INSPECTOR PASS Live Babak Notes:
Printed: Tuesday, 14 January, 2025 2 of 2
Permit Inspections
Town of Los Altos Hills
§ 8-10.04. Construction completion time limit guidelines.
New Dwellings and Remodels with Additions. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of approved new dwellings or remodels with additions, following issuance of the building permit, shall not exceed the following time limits listed in Table 1:
TABLE 1 New Dwellings and Remodels with Additions
Estimated Value of Project ($) Construction Time Limit
$0 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 to $1,000,000 30 months
$1,000,001 and over 36 months
All Other Construction Projects. Except where a longer time period is approved pursuant to Section 8-10.05, the maximum time for completion of all other applicable construction projects (e.g., remodels, alterations, modifications, repairs, new construction of accessory structures, etc.), following issuance of the building permit, shall not exceed the following time limits listed in Table 2:
TABLE 2 All Other Construction Projects
Estimated Value of Project ($) Construction Time Limit
$0 to $100,000 12 months
$100,001 to $250,000 18 months
$250,001 to $500,000 24 months
$500,001 and over 30 months
The construction time limit period shall commence on the date the building permit is issued.
The time limits stated in Tables 1 and 2 are the maximum time limits allowed and lesser time periods may be allocated to a project depending on the status of previously issued building permits or code enforcement actions.
Every building permit issued by the Town under the provisions of the building code shall expire and automatically become null and void upon reaching the construction time limit unless a time extension is granted under Section 8-10.05. Said time extension shall be granted prior to the expiration of the building permit.
(§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.05. Extension of construction time limit.
In the event a project has not passed a final inspection in the allotted time period as prescribed by Table 1 or Table 2 under Section 8-10.04, the applicant/owner may be entitled to up to two, Town of Los Altos Hills, CA
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six month extensions to complete the work. An application for an extension of the construction time limit shall be submitted at least 14 days prior to the expiration of the time limit period and shall be accompanied by a written explanation of the reasons for the requested extension and a fee, as established by City Council resolution. If the Building Official, upon review of the application, grants an extension, the additional six month extension period shall start from the date of the original time limit expiration or the most recent extension expiration date. A construction completion deposit shall be required pursuant to Section 8-10.06 prior to the granting of the time extension.
Time limits shall not be increased through the issuance of subsequent building permits for the same project or for modifications to the original permit unless authorized by the City Council. (§ 1, Ord. 555, eff. February 15, 2015)
§ 8-10.06. Construction completion deposit.
Upon reaching the construction time limit set pursuant to Section 8-10.04, if a final certificate of occupancy has not been issued or final building inspection made, the property owner or representative shall deliver to the Building Department a refundable construction completion deposit (in cash or other security instrument acceptable to the Town and valid for a minimum period of two years) in an amount equal to the lesser of 10% of the estimated cost to complete the project, as determined by the Building Official, or $50,000. The deposit shall be retained until the final inspection is completed. Should penalties accrue due to failure to complete the project within the time limits granted, said penalties may be deducted from the construction completion deposit.
If a building permit issued prior to the date of adoption of the construction time limit ordinance expires, the property owner or representative shall deliver to the Building Department a construction completion deposit prior to the issuance of a new building permit for that project. (§ 1, Ord. 555, eff. February 15, 2015)
Town of Los Altos Hills, CA
§ 8-10.05 § 8-10.06
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ITEM 6G
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: AMENDMENT TO THE RESOLUTION ON STANDING
COMMITTEES: TERMINATION OF THE PARKS AND RECREATION
COMMITTEE AND THE COMMUNITY RELATIONS COMMITTEE, AND
THE CREATION OF THE MERGED “PARKS, RECREATION, AND
COMMUNITY EVENTS COMMITTEE.”
FROM: Emina Mahic, Community Services Supervisor EM
APPROVED: Peter Pirnejad, City Manager PP
RECOMMENDATION: That the City Council should:
Adopt the amended resolution to “Establishing Standing Committees and Adopting General and Special Rules Pertaining Thereto” (Standing Committee Resolution) to reflect the merging of the Parks and Recreation Committee and the Community Relations Committee to form the Parks, Recreation, and Community Events Committee. Make a motion to terminate all appointments to the Parks and Recreation Committee and the Community Relations Committee. Make a motion to appoint the former Parks and Recreation Committee members and the Community Relations Committee members to the Parks, Recreation, and Community Events Committee.
BACKGROUND:
On December 19, 2024, City staff gave a presentation on the proposed merger of the Parks and Recreation Committee and the Community Relations Committee. The City Council reached a consensus to place this item on a future agenda for further consideration. As such, staff has prepared the below summary. The Parks and Recreation Committee and the Community Relations Committee serve the Town by addressing related yet distinct aspects of community engagement.
The Parks and Recreation Committee focuses on recreational programming and facility recommendations, while the Community Relations Committee promotes resident engagement and organizes community events.
Currently, the Parks and Recreation Committee has seven members, and the Community Relations Committee has three members. Both committees have observed significant overlap in their duties and initiatives, particularly regarding event planning and community engagement.
DISCUSSION:
The proposal to merge the two committees was initiated after discussions with both groups identified the benefits of combining resources and aligning goals. The new Parks, Recreation, and Community Events Committee shall consist of a minimum of five (5) members and a maximum of ten (10) members, appointed, whenever feasible, from different geographical areas of the Town. 1) The charges to and duties of this Committee shall be:
to serve as an advisory body to the Town Council on matters related to recreational programs, community engagement, and events.
to encourage communication and participation between residents and the Town government, welcome new residents with informational packets, and events, share updates through "Our Town" and info tables, organize events like the Town Picnic and other activities, support other committees with projects, and recruit volunteers to keep the community connected and engaged.
to develop and recommend year-round recreational programs and activities to serve residents of all ages.
to study all recreational facilities within the Town and make recommendations regarding their status and potential improvements, ensuring alignment with the General Plan.
The Committee will meet on the fourth (4) Monday of the month at 6 PM. The membership of this Committee shall consist of a maximum of ten (10) members, appointed whenever feasible from different geographical areas of the Town and including residents who would actively like to participate in planning Town events.
By merging, the committee can operate more efficiently, reduce redundancy, and enhance collaboration on shared goals. This alignment will strengthen the Town's ability to provide comprehensive and cohesive programming for its residents.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2024-2025 CITY COUNCIL WORKPLAN:
Adopting the Amended Resolution is not specifically identified on the work but rather falls under the day-to-day operations of Town Staff.
FISCAL IMPACT:
The merger of the two committees will result in savings for the Town on the Staff Liaison's time, as the combined committee will streamline efforts and reduce the need for separate support.
ATTACHMENTS:
1. Proposed Amended Resolution of the Town of Los Altos Hills Establishing Standing Committees and Adopting General and Special Rules Pertaining Thereto
2. Parks and Recreation and Community Service Relations Committee Special Meeting Minutes
ITEM 6G, Attachment 1
RESOLUTION 90 -24
RESOLUTION OF THE TOWN OF LOS ALTOS HILLS AMENDING
THE RESOLTUION ON STANDING COMMITTEES:
TERMINATION OF THE PARKS AND RECREATION
COMMITTEE AND THE COMMUNITY RELATIONS
COMMITTEE, AND THE CREATION OF THE MERGED “PARKS,
RECREATION, AND COMMUNITY EVENTS COMMITTEE.”
WHEREAS, the City Council of the Town of Los Altos Hills (“Council”) adopted Reso No. 90-22 on October 20, 2022, which established standing volunteer committees to assist the Council with various issues;
WHEREAS, the City Council desires to amend Resolution No. 90-22 Establishing Standing Committees and Adopting General and Special Rules Pertaining Thereto to merge the Community Relations Committee and the Parks and Recreation Committee; WHEREAS, all additions to Resolution 90-22 are shown through underline and deletions with strikethrough. Paragraphs and texts not included in this resolution are not amended, and therefore shall remain in full force and effect.
NOW, THEREFORE, the City Council of the Town does AMEND the following sections of Resolution 90-22:
Section 1. Committees Established. The following are hereby constituted as the regular Standing Committees of the Town:
a) Community Relations Committee Emergency Preparedness and Response Committee
b) Environmental Design and Protection Committee
c) Finance and Investment Committee
d) Parks, and Recreation, and Community Events Committee e) Pathways Committee
f) Open Space Committee
g) Environmental Initiatives Committee
h) History Committee
i) Public Art Committee
j) Technology Committee
Section 6. Special Powers and Duties. Each Standing Committee shall be empowered and obligated as follows:
a) Community Relations Committee
i) The membership of this Committee shall consist of a maximum of seven (7) members appointed whenever feasible from different geographical areas of the Town.
ii) The charges to and duties of this Committee shall be:
to encourage communication and participation between residents and Town government, and study and identify means of assuring
continued cooperation among different groups;
Conduct a coordinated program for welcoming new residents to the Town that may include mailing welcome and information packets, personal visitations, telephone calls, and/or invitations to a dedicated welcoming event or special recognition at any regular event(s);
Coordinate and sponsor regular Town events including an annual Town Picnic and other special events as the Committee may recommend.
Inform Los Altos Hills residents of community activities through written communication, articles and/or reports in "Our Town," and/or other appropriate methods such as information tables at events.
to assist other Committees, in implementation of special projects; to actively seek interested volunteers to serve on Town committees and commissions.
b) Emergency Preparedness and Response Committee
i) The membership of this Committee shall consist of a minimum of five (5) members and a maximum of nine (9) members. The EPRC may include Town residents and residents from the unincorporated area within the Los Altos Hills County Fire District (LAHCFD) boundary adjacent to the Town municipal boundary.
ii) The charges to and duties of this Committee shall be:
Advise the Town on its emergency mitigation, preparedness, response, and recovery programs, goals, policies, plans, protocols, and priorities related to emergencies, and make recommendations to Staff and City Council.
Provide guidance and support to the emergency volunteer programs and community outreach programs on their operations, planning, protocols, and procedures. c) Environmental Design and Protection Committee.
i) The membership of this committee shall consist of a minimum of five {5} members and a maximum of eight {8} members including, whenever feasible, professionals in the fields of landscape design and construction, environmental science, and pollution control. ii) The charges to and duties of this Committee shall be:
to work for the beautification of the Town and the protection of its resources;
to assist staff in implementation of the Town landscape policy through recommendations at subdivision, site development, Planning Commission and City Council meetings, and through review and inspection of required plantings;
to study and make recommendations relating to landscaping and protection of public property, such as park lands, and treatment of riparian habitat and open space within the Town;
to identify nuisance problems and sources of pollution and recommend actions for abatement; and
to prepare educational materials for residents outlining Town , ordinances and enforcement with regard to landscape design and protection of the environment.
When requested to make recommendations to staff on proposed new development including new homes, remodels, secondary dwellings, and auxiliary structures as to impact on site specific and the surrounding neighboring sites reviewed by the Site
Development Plans and Field visits. Such impacts would include topography, vegetation, drainage, lighting, skylights, riparian habitat, and conservation easements.
To attend all Fast Track/Site Development meetings to support committee and staff recommendations.
d) Finance and Investment Committee.
i) The membership of this Committee shall consist of a minimum of five {5} members and a maximum of nine {9} members. The Mayor and ViceMayor shall serve as non-voting Council liaisons. Members shall meet at least one of the following qualifications: {1} five years accounting and financial experience in a public corporation, municipal government or privately held business; {2} financial officer of a public corporation with five years' experience; {3} investment officer of a F.D.I.C. member institution with five years' experience; {4} money manager who specializes in corporate or government agency issues with a minimum of five years' experience; or {5} five years' experience in investment banking, venture capital and/or general management.
ii) The charges to and duties of this Committee shall be:
to serve as an advisory body to the City Council on financial and investment matters and operations related thereto;
to review five-year capital budgets and revenue projections and make recommendations to the City Council;
to review the annual budget and make recommendations to the City Council;
to review the annual audit and make recommendations to the City Council;
to advise the Council on change and selection of auditors; to study all fiscal issues and recommend possible improvements and economies;
to develop and recommend an investment Policy that protects to monitor investment performance and recommend changes as appropriate. All such recommendations shall be approved by the City Council. The City Manager
shall execute any approved investment decisions.
to monitor pension and OPEB obligations and recommend appropriate mitigation and reserve policies.
e) Parks and Recreation Committee.
i) The membership of this Committee shall consist of a minimum of five {5} members and a maximum of ten {10} members, including whenever feasible, residents who are parents of young children.
ii) The charges to and duties of this Committee shall be:
to serve as an advisory body to the Council on matters related to year round recreational programs and activities, including, but not limited to, recreational programs and activities to serve children and adults; and to develop new recreational programs and activities and study all recreational facilities available within the Town and make recommendations regarding their status, consistent with the General Plan.
Parks, Recreation, and Community Events Committee
i) The membership of this Committee shall consist of a minimum of five (5) members and a maximum of ten (10) members, appointed, whenever feasible, from different geographical areas of the Town. ii) The charges to and duties of this Committee shall be:
to serve as an advisory body to the Town Council on matters related to recreational programs, community engagement, and events. to encourage communication and participation between residents and the Town government, welcome new residents with informational packets, and events, share updates through "Our Town" and info tables, organize events like the Town Picnic and other activities, support other committees with projects, and recruit volunteers to keep the community connected and engaged.
to develop and recommend year-round recreational programs and activities to serve residents of all ages.
to study all recreational facilities within the Town and make recommendations regarding their status and potential improvements, ensuring alignment with the General Plan.
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 29th day of January 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk
ITEM 6G, Attachment 2
Town of Los Altos Hills
Parks & Recreation Committee and CRC Committees
Special Joint Meeting Agenda
Dec 16, 2024, 6-7:30 PM
In-person Meeting Location:
Duxbury Conference Room, Town Hall, 26379 Fremont Road, Los Altos Hills, CA 94022 Join Zoom Meeting:
https://us02web.zoom.us/j/88605874462?pwd=KgmaCkFawEMmb5bMJx2RlFc5P5y88x.1 Meeting ID: 886 0587 4462 Passcode: 237014
One tap mobile: +16694449171, 88605874462# US, +16699006833, 88605874462# US (San Jose)
Note: All votes shall be made by roll call and individual votes will be stated in the minutes
1. Call to order/Roll Call
Parks & Recreation Committee
Chair: Jasmeen Pombra; Vice-Chair: Boxia Schmdit; Secretary: Kejun (Ben) Xu; Members:
Yibin Tang, Jennifer Bardsley, Weiwin Li, Mukta Sharangpani Jennifer, Lew, April, Jasmeen, Yibin, Weiwen, Boxia, Kejun Staff: Emina Steta, Community Services Supervisor
Council Liaison: Stanley Mok
Associate Members: Patty Radlo, Rebecca Hickman, Helene Karlsson, Kjell Karlsson, Val Metcalfe, Jim Basiji, Craig Murray
Community Relations Committee
Chair: Rajiv Bhateja; Vice Chair: April Anair
Members: Lew Jamison, Lana Einschlag, Maddie Cheng
Associate Members: Mehda Rishi, Nena Price, Barbara Cannon, Neal Rayborn
2. Review Draft Minutes for Park and Rec Committee 11/18/2024 Approved mins unanimously
3. Public Comment
4. New Business
a. Parks & Recreation Committee and Community Relations Committee: Pick a final name (Parks, Recreation and Community?) Decide on monthly meeting time: 4th Mon? Final name: Parks, Recreation and Community Events
Passed unanimously
b. Joint committee future activities: Newcomer Reception: Mar 2, 2025, 1-3 pm, planning - Whole committee volunteers
- Invite Committee Chairs and Santa Clara Supervisor
ITEM 6G, Attachment 2
- Decided on invitation design
- Send it out in January
- Soft drinks and wine to buy
- Consider costco delivery
- Plates, forks, napkins, knives, tablecloths, cups
- Decided on using SF catering
- Sign up sheet for committees
- Bring extra activity guides, pathways maps
- Explanation of picnic
- Write info on whiteboard/qr code with info option
- Name tags
- Consider making swag bag to hand out
c. Newcomer Welcome Letters: sign
- Boxia can do it
d. Pickle Ball Court; Business case, updates on the timeline - Donor advised fundraiser
- Ask City for the following: permission to put in court and rules and regulations that the City requires
- Insurance requirements? Lighting? Extra space? Padding? 2 courts? - Put on February agenda. Create a presentation by then explaining needs, estimated costs, etc.
- Jasmeen will reach out to get pickleball court costs
e. Heritage House community use: discussion regarding multi-use - Save for Melissa's attendance
5. Future Planned Events Discussion (if time permits)
a. New Event: Committee Mixer: Aug 24, 2025,1-3 pm, start planning in spring b. Photo Scavenger Hunt for equine community members: April date, start planning early 2025 Jenny
c. Pedestrian Scavenger Hunt
d. Gnome Update
e. Byrne Preserve Signage – Kejun
f. Family Game Night – Apr 26, 2025, 6 PM planning
g. Westwind Barn: clean-up/restoration, Fundraising Horse Show or Happy Hour - March 22, 23, 30 tentative date
h. Guess the Pumpkin’s Weight
i. Barn Lighting – Dec 7, 2025
Adjourn
Future Meeting: Jan 27, Feb 24
- 4th Monday of the month (passed unanimously)
Los Altos Hills Special City Council Meeting Minutes Page 1 Saturday, January 11, 2025
Town of Los Altos Hills
City Council Special Meeting Minutes
Saturday, January 11, 2025
Council Chambers, 26379 Fremont Road, Los Altos Hills, California 8216 E. Orange Blossom Ln., Scottsdale, AZ 85250
Present: Mayor Kavita Tankha, Vice Mayor Rajiv Bhateja, Council Member Stanley Mok.
Council Member Linda Swan, and Council Member George Tyson
Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, City Clerk Arika Birdsong-Miller, Deputy City Manager Cody Einfalt
1. CALL TO ORDER (4:00 P.M.)
Vice Mayor Bhateja called the meeting to order at 4:03 P.M.
2. ROLL CALL
Vice Mayor Rajiv Bhateja, Council Member Stanley Mok. Council Member Linda Swan, and Council Member George Tyson were present.
Council Member Swan participated remotely from 8216 E. Orange Blossom Ln., Scottsdale, AZ 85250.
Mayor Tankha arrived at 4:14 P.M.
3. PUBLIC COMMENT (Public Comment is Limited to Items which are the Subject of the Special Meeting)
1. Eric Bredo, a resident of Los Altos Hills, noted that the state criteria for the Housing Element emphasized that the housing the Town approved be distributed and not concentrated. He was worried about that point with the development. He spoke about Cabrini-Green in Southside Chicago, where the city attempted to concentrate their lowincome housing, and noted that it was not a successful project.
2. Evelyn Kusnezon, a resident of Los Altos Hills, noted she has been a resident of the Town for over 50 years. She spoke about her concerns regarding the recent events around Los Angeles and could visualize that on a windy day in the Town. She wondered how successful an evacuation would be around her home in an emergency, when normal traffic backed up regularly.
3. John O’Connell, a resident of Los Altos Hills, spoke about the content of an email he received from Evelyn Kusnezon, and noted that she lives 1000 feet from the Twin Oaks property. He specifically shared a story she shared regarding her experience with a fire in 1985, which surrounded her home. John noted that his and her concerns were that any fire in an area chosen to develop housing at 20 dwelling units per acre would be risking all of Los Altos Hills between I-280 and Foothill. He noted that embers were a well-known cause for the spread of fire, citing current events in the Los Angeles area. He felt that 92 units would already be dense in that area, but if the specification of 20-30 dwelling units per acre were
Los Altos Hills Special City Council Meeting Minutes Page 2 Saturday, January 11, 2025
left in the Housing Element, then the residents of Los Altos Hills would be in jeopardy. He hoped the specification of 20-30 dwelling units per acre would be removed.
4. Rohit Advani, a resident of Los Altos Hills, shared when he learned of the Town obtaining certification of the Housing Element, that he learned the site known as Twin Oaks was intended to accommodate 92 of the 489 housing units that the Town was required to build by state law. He noted that his and his neighbors properties shared an adjacency to the highest and steepest portion of the Twin Oaks’ property. He stated he trusted that the development of the Twin Oaks property would only be for 92 units. He also stated that he was not notified of an additional portion of the land adjacent to his property was added to the Twin Oaks development plans. He shared his expectation that the Housing Element should be amended as a priority and cited the recent tragedy of the Los Angeles area.
4. ADJOURN TO CLOSED SESSION TO DISCUSS THE FOLLOWING:
A. Conference with Legal Counsel – Anticipated Litigation (Pursuant to Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation – One case
B. Conference with Legal Counsel – Existing Litigation
(Pursuant to Government Code Section 54956.9(d)(1))
Sea Landing Limited Partnership v. Town of Los Altos Hills, Case No. 22CV400255
5. ADJOURN CLOSED SESSION
Mayor Tankha adjourned to Closed Session at 4:23 P.M.
6. REPORT OUT OF CLOSED SESSION
There was no reportable action from the Closed Session.
7. ADJOURN
The meeting was adjourned at 8:20 P.M.
Respectfully submitted,
Arika Birdsong-Miller
Los Altos Hills Special City Council Meeting Minutes Page 1 Wednesday, January 15, 2025
Town of Los Altos Hills
City Council Special Meeting Minutes
Wednesday, January 15, 2025
Council Chambers, 26379 Fremont Road, Los Altos Hills, California 8216 E. Orange Blossom Ln., Scottsdale, AZ 85250
171 Jor Bagh, New Delhi 110003, India
Present: Mayor Kavita Tankha, Vice Mayor Rajiv Bhateja, Council Member Stanley Mok.
Council Member Linda Swan, and Council Member George Tyson
Absent: None
Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, City Clerk Arika Birdsong-Miller, Deputy City Manager Cody Einfalt
1. CALL TO ORDER (5:00 P.M.)
Mayor Tankha called the meeting to order at 5:00 P.M.
2. ROLL CALL
Mayor Kavita Tankha, Vice Mayor Rajiv Bhateja, Council Member Stanley Mok. Council Member Linda Swan, and Council Member George Tyson were present.
Mayor Tankha participated remotely from 171 Jor Bagh, New Delhi 110003, India Council Member Swan participated remotely from 8216 E. Orange Blossom Ln., Scottsdale, AZ 85250.
3. PUBLIC COMMENT (Public Comment is Limited to Items which are the Subject of the Special Meeting)
1. Birgitta Indaco, a Los Altos Hills resident, thanked the City Council for their diligence and efforts in addressing challenging issues. She encouraged the Council to collaborate closely with the Planning Commission to address the Housing Element matter effectively.
2. John O’Connell, a Los Altos Hills resident, recognized Council Member Linda Swan and highlighted how, during her tenure as Mayor of the Town of Los Altos Hills, she navigated the challenges of inheriting an expired Housing Element. Mr. O’Connell expressed concern about the limited public outreach conducted during this process and recommended that a Public Hearing for residents be held prior to initiating any development discussions.
3. Martha Bowden, a Los Altos Hills resident, recounted her experience during a wildfire in July 1985, when she had to climb onto her roof to hose it down in an effort to prevent the fire from spreading to her home. She expressed concerns about the addition of even 92 units in Twin Oaks, describing it as a significant challenge, and shared her apprehension about exceeding that number due to the area’s single exit in case of an emergency.
Los Altos Hills Special City Council Meeting Minutes Page 2 Wednesday, January 15, 2025
4. Carol Gottlieb, a Los Altos Hills resident, emphasized the far-reaching consequences of the Housing Element, expressing concern that it could fundamentally alter the character of the Town. She noted the lack of adequate roads for evacuation in emergencies and urged that the Housing Element be amended.
5. Michael Grady, a Los Altos Hills resident, acknowledged the importance of gaining time with the Housing Element and avoiding the implications of the builder’s remedy. He urged the Town to improve the Housing Element to prevent the construction of multi-hundred-unit developments.
6. Hari Sankar, a Los Altos Hills resident, called for a revision of the Housing Element, expressing frustration that no progress was made in 2024. He advocated for distributing housing requirements more evenly throughout the Town rather than concentrating them in a single area. Additionally, he suggested utilizing accessory dwelling units (ADUs) as a strategy to meet the Housing Element requirements.
4. ADJOURN TO CLOSED SESSION TO DISCUSS THE FOLLOWING:
A. Conference with Legal Counsel – Anticipated Litigation (Pursuant to Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation – One case
B. Conference with Legal Counsel – Existing Litigation
(Pursuant to Government Code Section 54956.9(d)(1))
Sea Landing Limited Partnership v. Town of Los Altos Hills, Case No. 22CV400255
5. ADJOURN CLOSED SESSION
Mayor Tankha adjourned the Regular Meeting to Closed Session at 5:15 P.M.
6. REPORT OUT OF CLOSED SESSION
There was no reportable action from the Closed Session.
7. ADJOURN
The meeting was adjourned at 8:20 P.M.
Respectfully submitted,
Arika Birdsong-Miller
ITEM 7A
DATE: January 29, 2025
FROM: Arika Birdsong-Miller, City Clerk ABM
APPROVED: Peter Pirnejad, City Manager PP
RE: Appointments to the Los Altos Hills Parks, Recreation, and Community Events Committee
Attached for your review and consideration are the names of volunteers from the former Parks and Recreation Committee and Community Relations Committee who are being appointed to the newly formed Parks, Recreation, and Community Events Committee. • Jasmeen Pombra
• Boxia Schmidt
• Mukta Sharangpani
• Yibin Tang
• Kejun (Ben) Xu
• Jennifer Kan Bardsley
• Weiwen Li
• April Anair
• Lew Jamison
• Lana Einschlag
The term would begin in January 2025 and end in January 2029.
Resolution 90-22 stipulates that this committee's membership consists of a minimum of five (5) members and a maximum of ten (10) members. With these appointments, the Committee will have no remaining vacancies.
TOWN OF LOS ALTOS HILLS
MEMORANDUM
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING AMENDMENT NO. 1 TO THE UPPER
RAVENSBURY AVENUE SANITARY SEWER REIMBURSEMENT
AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND
DAVE JESSEN
FROM: WooJae Kim, Public Works Director / City Engineer Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION:
Approve a resolution (Attachment 1) approving an amendment to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement (Agreement), dated March 6, 2003, between the Town of Los Altos Hills (Town) and Dave Jessen.
BACKGROUND:
On March 6, 2003, the City Council adopted Resolution No. 15-03 (Attachment 2) approving and authorizing execution of the Sanitary Sewer Reimbursement Agreement between the Town and Dave Jessen for a term of 15 years. Only one of eight future users in the reimbursement agreement has currently connected to the Upper Ravensbury Avenue Sanitary Sewer Main.
DISCUSSION:
On July 9, 2009, the City Council of the Town passed Ordinance No. 516 (Attachment 3) to amend the term of the Town’s standard sewer reimbursement agreement from 15 years to 25 years to provide more time for developers and property owners that make sewer improvements to recover their initial investments. Article (d) of Municipal Code section 6-4.503 reads “In no event shall a reimbursement agreement extend beyond 25 years and in no event shall the Town be liable to a property owner for the failure to collect reimbursement costs.”
On November 7, 2024, the Town notified Dave Jessen of a resident interested in connecting to the Upper Ravensbury Ave sanitary sewer main and informed him the term of the original reimbursement agreement was 15 years. On November 8, 2024, the Town received a letter (Attachment 4) from Dave and Karen Jessen requesting the term of the Agreement be extended to 25 years.
On December 18, 2024, the Town received a letter (Attachment 5) from Donald McCauley objecting to Agenda Item 6.I “Resolution Approving Amendment No. 1 to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement between the Town of Los ITEM 6B Staff Report
Staff Report to City Council Page 2
Amendment No. 1 - Jessen Sewer Reimbursement Agreement
January 29, 2025
Altos Hills and Dave Jessen.” The Amendment No. 1 was to extend the term of the reimbursement agreement to 25 years. In summary, Mr. McCauley objects to the Town extending the term of the Reimbursement Agreement to collect a reimbursement fee from him because (1) he submitted plans and fees for sewer connection during the time that the Agreement had expired, and the Agreement is only being extended now due to his connection request; (2) extending the Agreement would be inconsistent with state and Town code; (3) the amount of reimbursement and Construction Cost Index (CCI) adjustments in the Agreement appear to be internally inconsistent; and (4) the proposed extension of the Agreement would create an improper cloud on recorded title for future connecting owners. On December 19, 2024, Agenda Item 6.I was pulled from the agenda to allow Staff to review and respond to Mr. McCauley’s letter.
On December 23, 2024, the Town received an email (Attachment 6) from Dave Jessen. In his email, he provided the background of the Upper Ravensbury Avenue sanitary sewer main project and his support for the agreement extension.
Town staff has prepared a memorandum to the City Council in response to the December 18, 2024, letter from Mr. McCauley (Attachment 7). The specifics of the response memorandum from staff have been shared with Mr. McCauley before the January 30, 2025, Council Meeting. The memorandum includes four main arguments as follows:
- The purpose of the Reimbursement Agreement is to reimburse the original installer for fronting the cost of constructing a sanitary sewer extension that benefits multiple properties.
- Extending the term of the Reimbursement Agreement is not inconsistent with the Town’s Municipal Code and policy or with state law.
- The reimbursement fee and CCI adjustment in the Reimbursement Agreement are internally consistent and the adjustment amount is appropriate. - The Reimbursement Agreement does not create any clouds on title for future users.
Staff is recommending that the City Council approve Amendment No. 1 (Attachment 8) to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement extending the term from 15 years to 25 years per Ordinance No. 516.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b).
2024 -2025 CITY COUNCIL WORK PLAN:
This action was not identified on the 2024-2025 City Council Work Plan, but it supports the council priority for Project & Maintain Infrastructure.
Staff Report to City Council Page 3
Amendment No. 1 - Jessen Sewer Reimbursement Agreement
January 29, 2025
FISCAL IMPACT:
Staff would administer the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement until February 2028. The Town would collect five percent (5%) administrative fee to recover staff costs for services rendered.
Otherwise, there is no fiscal impact associated with this Council action item.
ATTACHMENTS
1. Resolution
2. Resolution No. 15-03
3. Ordinance No. 516
4. Letter from Dave and Karen Jessen, dated November 8, 2024
5. Letter from Donald McCauley, dated December 18, 2024
6. Email from Dave Jessen dated December 23, 2024
7. Town’s memorandum dated January 14, 2025
8. Amendment No. 1 to the Sanitary Sewer Reimbursement Agreement with Dave Jessen
RESOLUTION ___-25
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AMENDMENT NO. 1 TO THE UPPER RAVENSBURY AVENUE SANITARY
SEWER REIMBURSEMENT AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS
AND DAVE JESSEN
WHEREAS, Dave Jessen (“Property Owner”) constructed a sanitary sewer extension commonly known as the Upper Ravensbury Avenue Sanitary Sewer main within the Town of Los Altos Hills (“Town”); and WHEREAS, Section 6-4.503 of the Town’s Municipal Code allows the Town to enter into a reimbursement agreement with a property owner so that the property owner may be reimbursed for some of the costs of a sanitary sewer extension by future users of the extension; and WHEREAS, the City Council of the Town passed Resolution No. 15-03 approving and authorizing execution of a sanitary sewer reimbursement agreement between the Town and Dave Jessen on March 6, 2003 (“Agreement”); and
WHEREAS, the City Council of the Town passed Ordinance No. 516 on July 9, 2009, to amend the term of the Town’s standard sewer reimbursement agreement from 15 years to 25 years to provide more time for developers and property owners that make sewer improvements to recover their initial investments; and WHEREAS, on November 8, 2024, staff received a letter from Property Owner requesting the term of the Agreement be extended to 25 years; and
WHEREAS, Amendment No. 1 would extend the term of the Agreement from 15 years to 25 years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the Amendment No. 1 to extend the term of the Sanitary Sewer Reimbursement Agreement with Dave Jessen from 15 years to 25 years.
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 29thday of January 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Kavita Tankha, Mayor
ATTEST:
_____________________________
Arika Birdsong-Miller, City Clerk
ITEM 6B Attachment 1
ITEM 6B Attachment 2
ITEM 6B Attachment 3
ITEM 6B Attachment 4
Donald D. McCauley
23548 Ravensbury Ave.
Los Altos, CA 94024-6518
(650) 380-0353
[email protected]
December 18, 2024
City Clerk Arika Birdsong-Miller
&
City Council , Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, Calif. 94022
Re: Objection to Sewer Reimbursement Agreement Extension; City Council Meeting, December 19, 2024, Agenda item 6I Dear City Council & Ms. Birdsong-Miller:
I am a resident of Los Altos Hills,residing at 23548 Ravensbury. I have been the owner and resident of that residence since 1966. .
I am submitting this letter as an objection to the approval of your item 6I on this Thursday’s City Counsel meeting agenda, and to also obtain clarification on that item no. 6I. That agenda item, entitled “Resolution of the City Council of the Town of Los Altos Hills Approving and Authorizing Execution of a Sanitary Sewer Reimbursement Agreement Between the Town of Los Altos Hills and Dave Jessen”, seeks to obtain authorization for an “extension “ of a sewer reimbursement agreement worked between Los Altos Hills (“City”) and another owner (Dave Jessen) about 21 years ago. That original agreement terminated by its own terms almost six (6) years ago after expiration of its explicit 15-year term.
Reinstating that agreement causes several problems for myself and all of the other owners along the Jessen section of the Ravensbury sewer line, and appears to be illegal in several regards.
My residence has, since its original construction in approximately 1946, utilized a septic sytem without problems or mishap as have a number of other residences along Ravensbury. At the time of the original Jessen sewer reimbursement agreement in 2003, it was functioning properly and there was little need to connect to the city’s sewer system, although myself and my wife did purchase capacity rights to the sewer system in 1985. Currently, however, I became aware that the existing septic system may need repair. I inquired of the City about a permit and was told that I must connect to the city’s system and that a repair was not permissible. As a result I engaged Able Plumbing, Sewer & Drain of San Jose (“Able”) to do so, and to survey the property and prepare ITEM 6B Attachment 5
City Clerk Arika Birdsong-Miller
&
Los Altos Hills City Council
December 18, 2024
drawings and specs for a new sewer lateral to connect to the sewer main itself. That was a substantial expense for me; the survey and engineering was approximately $15,000 and the contract to install a new sewer lateral and connection is to be $38,517.
On about October 29, Able Plumbing submitted my permit application for the new sewer lateral and connection together with the survey and engineering plans (attached here as Exhibit A), which were accepted. Fees were also paid and accepted, as shown by the attached Exhibit B. Your Etrackit shows my permit status as having been “approved with condition” (see, Exhibit C). A week later on November 7, the Town also surprisingly issued two further invoices, showing charges of $43,242.84 for “additional review deposit”, $4,324.28 for “towns administrative charge” (exactly 10% of the $43,242.84), $11,236.00 for “Los Altos Sewer Connection” and finally a charge of $388.00 for “plan review.” (Exhibit D). Of these charges, it appears as though both the $43,242.84 and $11,236.00 amounts are actually charges being made for connection under the Jessen Sewer Reimbursement Agreement from 2003.
As a result, I do believe that those charges are invalid. At that time, the Jessen Sewer Reimbursement Agreement had expired some 6 years earlier, as it had only a 15-year term per its Section 7. Accordingly, it had expired during March, 2018. To the extent that any portion of these charges of $59,191 are based upon Mr. Jessen’s Sewer Reimbursement Agreement from 2003, I must object to their being imposed on me now since the obligation to collect them and reimburse over to Jesson expired six years ago.
This issue appears to have been recognized by the Town as a result of my inquiries. Somewhat amazingly, Mr. Jessen directed a letter dated November 8, 2024 to the Town requesting an “extension” of his agreement (Exhibit E) after six years of silence and expired agreement. This was the very next day – six years after the end of his agreement -- that Town sent me its set of November 7 invoices for Jesson-based connection fees in the combined amount of $59,191.12 notwithstanding that there was no longer any agreement with, or obligation to reimburse, Mr. Jesson. It thus strongly appears that Town may have advised Jessen to take this action. As such, the proposed extension to be considered by the City Council on December 19 thus seeks to retroactively resurrect substantial fees meant to reimburse Mr. Jessen in at least substantial part for an agreement that has been expired, for years. If this is done, it will impact the third-party rights of other owners such as myself, gratuitously since the City is not obligated under the contract to now demand or collect fees under the Jessen agreement, nor does it have any liability if it should fail to do so, per the agreement’s express terms.
Several reasons strongly indicate that the Town should not resurrect this Agreement under the guise of “extending” it retroactively, 6 years after it expired.
City Clerk Arika Birdsong-Miller
&
Los Altos Hills City Council
December 18, 2024
1. Illegality and lack of compliance with statute. I also want to explain that once a reimbursement agreement expires, that these sort of connection fees become illegal pursuant to applicable law. This is because Government Code §66005 provides:
“When a local agency imposes any fee or exaction as a condition of approval of a proposed development, as defined by Section 65927, or development project, those fees or exactions shall not exceed the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed.”
Here, the Town’s “estimated reasonable cost” of installing the sewer extension at my house was essentially zero. It paid for none of the sewer extension in question here, since Mr. Jesson’s own Reimbursement Agreement required him to pay the entirety of the construction of the sewer section in question. 1 Similarly, I am to pay all
the construction costs of now connecting to the city’s sewer line at my property. Thus, the “estimated reasonable cost” of providing the sewer access now is negligible – I’m required to pay all such expenses to physically make such connection. Further, at the time of my October permit application as submitted by Able, there simply was no reimbursement agreement since it had expired six years ago. As such, any connection charge normally imposed now should not include any of Jessen’s construction costs from 21 years ago since under §66005 there are now no “estimated reasonable costs” for the Town due to my connecting to the sewer line. Even in 2003, the Town’s costs were essentially zero to install the Jessen extension, as Jessen agreed then to pay those construction costs. As such, the Town’s fees for providing a sewer connection now, after expiration of his reimbursement agreement, are at most a small maintenance charge in line with sewer subscribers in Los Altos Hills generally.
In addition, the original Jessen agreement imposed an annual increase in the reimbursed construction costs incurred by Jessen in 2003. It did so by annually increasing the fee obligation put on owners who might later seek to hook up to the new sewer extension, according to a “Construction Cost Index.” (“CCI”, see Exhibit F, section1). As a result, the fee obligation of a new user would grow with an increase in construction costs over the prior years. However, the only construction costs relevant to this sewer extension occurred in 2003, and certainly not during 2004-2024. As such, using annual increases in construction cost indices has no relevance or justification for increasing a reimbursement amount where the construction cost in question all occurred in an initial year, and no construction occurred during later years. Although a construction cost index might give an indication of what expense might be necessary to install a similar sewer now, years later, that is not relevant since payment of some estimated cost of a hypothetical, current-day construction job in order to “reimburse” for 1 Govt. Code §65927 defines a “development” in part as the “construction, reconstruction . . .of any structure”, and further that “structure” includes, but is not limited to, any . . road, pipe, flume . .”
City Clerk Arika Birdsong-Miller
&
Los Altos Hills City Council
December 18, 2024
the cost of a 21 year-old sewer pipe is not authorized by relevant Town ordinances or state statutes. It simply turns the “reimbursement” mechanism into a profit center.
In effect, Mr. Jessen’s Reimbursement Agreement is designed to obtain payment to him of his 2003 construction expenditures, plus a fictitious increase in those expenditures (according to the Construction Cost Index) over the years until such time as other owners may need to connect to the portion of sewer which he installed. No construction on the Jessen sewer has occurred since it was installed, but the fees to repay Jessen for the original construction keep increasing annually as though his construction had simply occurred in the current year. This increase has not been the subject of any City Council meeting to my knowledge, however Government Code §66016 provides in part:
“Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one open and public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting.”
This has not been done, even though the terms of the Jessen Reimbursement Agreement have increased the connection fee charged to third-party owners almost every year since 2003. Govt. Code §66016 is made specifically applicable to sewer connection fees by Govt. Code §66016(d) & §66013. As a result, the Construction Cost Index increase would need to be approved by the City Council prior to June 30 of each year, after a noticed public City Council meeting. Since this has not been done, the CCI annual increases to date in the Jessen Reimbursement Agreement are believed to be unenforceable.
A further reason makes the Jessen agreement and its annual CCI increases invalid for both the old, expired agreement and as well for the proposed “extension.” State law governs reimbursement agreements, in part via Govt. Code §§66001-66003.
Each of those sections regulates and limits reimbursement agreements according to the cost of the facility or service. In order to justify a connection charge to the “Jessen” sewer section, Govt. Code §66001(a)(4) requires that the local agency determine a reasonable relationship between the fee and the cost of the sewer. The cost here is Town’s cost to install the sewer, which was essentially zero (since Jessen paid for it).
Even if, say, “cost” arguably refers to Jessen’s cost rather than the Town’s, such would be Jessen’s expense in 2003, rather than in 2010, 2016 or 2024. Thus, the use of Construction Cost Index to set fees in 2024 is not permissible. The difference in “cost” due to application of this CCI mechanism compared to Jessen’s 2003 expenditure has now increased to approximately 245%, turning the CCI mechanism into a literal profit center and not in accord with the statutes or ordinances governing reimbursement agreements. Where almost 2/3’s of a sewer connection fee is caused by a hypothetical
City Clerk Arika Birdsong-Miller
&
Los Altos Hills City Council
December 18, 2024
or fictitious construction cost, there is no “reasonable relationship” as required by Govt.
Code §66001(a(4).
Similarly, §66002, §66003 and §66005 each refer to development fees being gauged against the cost of the facility. Indeed, the Town’s own ordinances contain the same limitations.
Town ordinance §6-4.503(b) similarly prohibits “soft costs”, and instructs the Town that:
(b) The reimbursement agreement shall calculate the division of such costs among the property owner and future users, provided that no cost of administration or management undertaken by a property owner . . . shall be included”.
Further, §6-4.503(c) refers to reimbursing the property owner for the “cost of the sewer improvement.”
None of these sections refer to or allow fees being changed or increased according to hypothetical increases in construction expenses during later years in which no construction actually occurred. This, however, is exactly what the Jessen Reimbursement Agreement does. Its fees increase according to hypothetical construction costs in the industry during years when no construction in fact occurred – a fiction simply not allowed in the statutes or Town ordinances.
Lastly, the amendment to the original Jessen Reimbursement Agreement which is up for consideration before this City Council on Dec.19 does not simply extend the preexisting, 2003 Jessen agreement (Exhibit G). Rather, it modifies these invalid provisions to increase the fees due under it considerably. First, the original agreement allowed the Town to deduct a 5% management charge from the fee amount charged to a new connecting user. The proposed amendment instead allows that the 5% management charge be added to the otherwise-calculated, CCI-enhanced fee. This adds 5% to the cost to a third party to connect to the Jessen sewer rather than simply extending the status quo of the prior, expired agreement’s fee mechanism. Even further, in the proposed amendment to be considered by this City Counsel, the enhancement to the fee caused by the Construction Cost Index is to be compounded rather than simply to be used as a chronologic index. How this calculation is to be made is unclear, but given the uniform increase in that construction index, some form of compounding calculation is likely to increase the connection fees to a third-party Town resident rather dramatically.
Since this original agreement and, as well, the proposed “extension” are to be recorded they will constitute recorded title covenants against the concerned parcels
City Clerk Arika Birdsong-Miller
&
Los Altos Hills City Council
December 18, 2024
which will impact the third-party owners of those parcels who have yet to get their connections, such as myself. As such, a retroactive change of rights or fee obligations will cause clouded titles and unnecessary claims, particularly where they are seriously not compliant with applicable statutes or ordinances.
In summay, please consider the following list of issues, each of which militate for denial of any extension, amendment or re-creation of this long-expired Reimbursement Agreement:
a. My permit was submitted, with plans, specs and fees paid during a period when no reimbursement agreement even existed yet the apparent $47,000 connection fee is almost 3 times my proportionate shate of the original construction costs;
b. The agreement in question, negotiated between Mr. Jessen and the Town, had been expired and void for 6 years, but suddenly prompted this request to the Town to retroactively reinstate an agreement, where no reason exists to do so but literally simultaneously with my application; c. The concept of “cost” in the Jessen Reimbursement Agreement has little “reasonable relationship” to his original cost to install the sewer line, yet one is required;
d. The “CCI” mechanism is not an indication of anything other than a hypothetical or fictitious estimation of current-day construction expense, so it provides no relevant or reasonable relationship to fees which are required to be based on the Town’s (or even Jessen’s) 2003 construction costs.
e. The total costs to be reimbursed to Jessen per Recital D of the negotiated agreement is limited to $142,160 and not more. This is admittedly inconsistent with the CCI mechanism in paragraph 1 of the Agreement, indicating lack of agreement during negotiation and drafting ; f. “Reimbursement” amounts increase during years where $0.00 in construction and $0.00 in costs occurred, but which costs and expense are required by statute and/or ordinance to augment or impact fees. g. Violation of Govt. Code §66016, requiring noticed public City Council meeting whenever fees are increased – i.e., every year, but which did not occur.
h. Proposed, requested “amendment” seeks to retroactively change CCI and Town’s administrative fee, without notice to or concurrence by impacted owners.
i. Both the proposed,requested “amendment” and the original Reimbursement Agreement present recorded title clouds for future connecting owners and resulting claims.
EXHIBIT A
Permit Application and Drawings
Page | 1 2020-07-17
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941-7222
Fax: (650) 941-3160
www.losaltoshills.ca.gov
Building Permit Application
(For Town Use)
APN Building Permit # Receipt #
1. OWNER INFORMATION:
Last Name First Name
Property Address
Mailing Address Email Address
Home Phone Mobile Work Phone
2. CONTRACTOR INFORMATION: Owner-Builder General Electrical Plumbing Heating Company Name Company Phone
Company Address
Contact Name & Phone # (mobile preferred)
Email Address (ALL PLAN CHECK COMMENTS WILL BE SENT HERE) License Class & # LAH Business License #
Workers’ Compensation # Carrier
3. JOB DESCRIPTION AND VALUATION:
New Residence* Mechanical, Electrical and/or Plumbing
Accessory Dwelling Unit* Furnace/Water Heater Replacement, New Gas Line Pool / Spa Other (cabana, deck, demolition, re-roof, shed, windows) Addition and/or Remodel Landscape Construction Improvements (retaining wall, trellis, pillars, etc.) * New Residences and Accessory Dwelling Units may be subject to additional annual sewer service charges. Please contact the Engineering Department for additional information.
Description:
Building $ Remodeled Area sq ft
Electrical $ New Living Area sq ft
Mechanical $ MEP Subtotal $ New Non-living Area sq ft
Plumbing $ Total Valuation $ New Covered Area sq ft
Page | 2 2020-07-17
4. IDENTIFYING WHO WILL PERFORM THE WORK:
**complete either 4a OR 4b**
4a. CALIFORNIA LICENSED CONTRACTOR’S DECLARATION
I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and my license is in full force and effect.
Contractor Name and Address
License Class & Number Contractor Signature
OR
4b. OWNER-BUILDER’S DECLARATION
I hereby affirm under penalty of perjury that I am exempt from the Contractors’ State License Law for the reason(s) indicated below by the checkmark(s) I have placed next to the applicable item(s) (Section 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for the permit to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) or that he or she is exempt from licensure and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).):
I, as owner of the property, or my employees with wages as their sole compensation, will do all OR portions of
the work, and the structure is not intended or offered for sale (Section 7044, Business and Professions Code: The Contractors’ State License Law does not apply to an owner of property who, through employees’ or personal effort, builds or improves the property, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the Owner-Builder will have the burden of proving that it was not built or improved for the purpose of sale.).
I, as owner of the property, am exclusively contracting with licensed contractors to construct the project. (Section 7044, Business and Professions Code: The Contractors’ State License Law does not apply to an owner of property who builds or improves thereon, and who contracts for the projects with a licensed contractor pursuant to the Contractors’ State License Law.).
I am exempt from licensure under the Contractors’ State License Law for the following reason:
By my signature below I acknowledge that, except for my personal residence in which I must have resided for at least one year prior to completion of the improvements covered by this permit, I cannot legally sell a structure that I have built as an owner-builder if it has not been constructed in its entirety by licensed contractors. I understand that a copy of the applicable law, Section 7044 of the Business and Professions Code, is available upon request when this application is submitted or at the following web site: http://www.leginfo.ca.gov/calaw.html.
Property Owner or Authorized Agent’s Signature Date
5. IDENTIFYING WORKERS’ COMPENSATION COVERAGE AND LENDING AGENCY:
**WARNING**
FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS UNLAWFUL AND SHALL SUBJECT AN
EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
Page | 3 2020-07-17
5a. WORKERS’ COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
I have and will maintain a certificate of consent to self-insure for workers’ compensation, issued by the Director of Industrial Relations as provided for by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued.
Policy Number:
I have and will maintain workers’ compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work for which this permit is issued. My workers’ compensation insurance information is as follows:
Carrier Policy # Exp. Date
Name of Agent Telephone #
I certify that, in the performance of the work for which this permit is issued, I shall not employ any person in any manner to become subject to the workers’ compensation laws of California, and agree that, if I should become subject to the workers’ compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
5b. DECLARATION REGARDING CONSTRUCTION LENDING AGENCY
I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this permit is issued (Section 3097, Civil Code).
Lender’s Name
Lender’s Address
6. DECLARATION BY CONSTRUCTION PERMIT APPLICANT:
By my signature below, I certify to each of the following:
I am a California-licensed contractor. OR
the property owner. * OR
authorized to act on the property owner’s behalf. *
• I have read this construction permit application and the information I have provided is correct. • I agree to comply with all applicable city and county ordinances and state laws relating to building construction. • I acknowledge that failure to complete the work as outlined in this permit and/or obtain a final inspection will result in the forfeiture of the performance deposit.
• I authorize representatives of this city or county to enter the above-identified property for inspection purposes. * California Licensed Contractor, Property Owner*, or Authorized Agent*:
Signature Date
*Requires a separate authorization form.
7. DEPOSIT REFUND:
List the name and address of the person or company to be refunded for deposits related to finalizing the building permit:
Print Name:
Signature:
Mailing Address:
Phone/Email:
DEPARTMENT OF ENVIRONMENTAL HEALTH
CONSUMER PROTECTION DIVISION
1555 Berger Drive, Suite #300 ●San Jose, CA 95112
(408) 918-3400 ● Fax: (408) 258-5891
Website: www.ehinfo.org/cpd ●Email: [email protected] Rev. 07.27.2023
LAND USE CONSTRUCTION PERMIT APPLICATION FORM
Attach a copy of the approved floor plans and grading and drainage plans when applicable.
Incomplete applications will not be accepted for construction permit issuance.
ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) CONSTRUCTION PERMIT TYPE – Select One □ Conventional OWTS Permit (LU22) □ Conventional Commercial OWTS Permit (LU24) Emergency Repair Permit
□ >50% of System, Septic Tank and Drainfield (LU28)
□ <50% of System, Septic Tank or Drainfield ONLY (LU29) Alternative OWTS Emergency Repair Permit
□ >50% of System, Septic Tank and Drainfield (LU32)
□ <50% of System, Septic Tank or Drainfield ONLY (LU30) □ Alternative OWTS Permit (LU26)
□ Septic Tank Abandonment Permit (LU92)
Upgrade/Modification Permit
□ >50% of System, Septic Tank and Drainfield (LU34)
□ <50% of System, Septic Tank or Drainfield ONLY (LU35)
SITE INFORMATION
Owner Name(s): APN:
Site Address:
City/Zip: Cross Street:
Project Contact Person: □ Same as Property Owner
Phone: E-mail:
SEPTIC SYSTEM INSTALLATION – OWNER-BUILDER
Conventional Onsite Wastewater Treatment System ONLY
Owner will provide the labor and materials for construction of the proposed septic system.
Initial here ( ) to confirm that the owner has read the Owner-Builder information (see reverse side of this form) and will abide by the requirements.
SEPTIC SYSTEM INSTALLATION – LICENSED CONTRACTOR
Owner has contracted with the following person/company to conduct the installation:
Name: _______________________________________ Address: ________________________________ Zip: __________________ Phone number: __________________ Contractor’s License Type: ______________ License #: ___________ Exp. Date: __________ For Alternative OWTS:
Proprietary Treatment Unit Installer Name: _________________________________________________________________________ Certification Type: ____________________________________________ Exp. Date: _______________________________________ SEPTIC TANK ABANDONMENT ONLY – Attach the following to the application:
□ Site Plan
□ Pumpers Report for emptying of the tank
□ Proposed Scope of Work (see Septic Tank Abandonment Procedures) □ Copy of Sanitary Sewer Connection Letter (if applicable) EMERGENCY REPAIR ONLY – Attach a Site Plan including the following information Septic Tank
New Tank: □ Yes □ No
Tank Size/Manufacturer: _____________________________
New Diversion Valve: □ Yes □ No
Other Tanks to be Repaired: □ Yes □ No □ N/A
Drainfield
Existing drainfield(s) to be used: □ Yes □ No
New Drainfield Size: _________ □ Linear Feet □ Sq.Ft.
Rock depth below pipe: _________inches
Chamber system: □ Yes □ No
Number of Dwelling Connections: Total Number of Bedrooms Served:
Repair Comments:
DONAL MCCAULEY
23548 RAVENSBURY AVE
LOS ALTOS HILLS
33638024
W. LOYOLA
JESSICA MENKEMELLER
408-377-9990 [email protected]
ABLE SEPTIC 1020 RUFF DR, SAN JOSE 95110
408-377-9990 C-42 677475 9/30/25
NOTE: Contact the DEH district specialist a minimum of two (2) working days prior to the start of OWTS installation to schedule an inspection. Inspections are upon DEH availability and are scheduled on a first-come, first-served basis.
I agree that all work is to be completed per stamped, approved plans unless modified during construction by the Department of Environmental Health. As owner or authorized agent, I represent that the information herein submitted is correct to the best of my knowledge. By signing this application, authorization is granted to agents of the Department of Environmental Health to enter the property during normal business hours to conduct any necessary investigations related to this project.
Owner/Authorized Agent Signature Print Name Date
Office Use Only
Date Approved: Approved by:
Existing Septic Permit #: Construction Permit Service Request #:
Comments:
OWNER-BUILDER INFORMATION
An application for a septic permit has been submitted in your name listing yourself as the builder of the property improvements specified. For your protection, you should be aware that as an 'owner-builder' you are the responsible party of record on the permit.
Contractors are required by law to be licensed and bonded by the State of California and to have a business license from the city or county. Those whose scope of practice includes septic system construction and repair are also required by law to be registered on the Department of Environmental Health’s approved Septic System Contractor’s List.
If you plan to do your own work, with the exception of various trades that you plan to subcontract, you should be aware of the following information for your benefit and protection:
• If you employ or otherwise engage any persons other than your immediate family, and the work (including materials and other costs) is $500 or more for the entire project, and the persons are not licensed as contractors or subcontractors, then you may be an employer. • If you are an employer, you must register with the state and federal government as an employer and you are subject to several obligations including state and federal income tax withholding, federal social security taxes, workers' compensation insurance, disability insurance costs, and unemployment compensation contributions.
There may be financial risks for you if you do not carry out these obligations, and these risks are especially serious with respect to workers' compensation insurance.
For more specific information about your obligations under federal law, contact the Internal Revenue Service (and, if you wish, the U.S. Small Business Administration). For more specific information about your obligations under state law, contact the Department of Benefit Payments and the Division of Industrial Accidents.
If the structure is intended for sale, property owners who are not licensed contractors are allowed to perform their work personally or through their own employees, without a licensed contractor or subcontractor, only under limited conditions.
The property owner may construct or repair an on-site sewage disposal system on his/her own property, which system serves or will serve the building on the property and is neither being offered for sale nor intended to be so offered, provided: 1) persons hired by the owner to do the subject work must comply with a general engineering contractor’s license Class A, or a Class C-42 sanitation system contractor’s license or Class C-36 plumbing contractor’s license from the Contractor’s State License Board of the State of California or 2) persons hired by the owner must be hired as employees of the owner and the owner must provide proof of workman’s compensation insurance, as required by law and 3) a septic system permit is obtained.
CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 19830-19832
19830. Every city or county, whether general law or chartered, which requires the issuance of a permit as a condition precedent to the construction, alteration, improvement, demolition, or repair of any building or structure, shall, in addition to any other requirements, prepare and give notice to the owner of the building or structure whenever an application for a building permit is submitted in the owner's name as builder of the improvements. The notice shall be given by mail; or the notice may be given to the applicant at the time the application for the permit is made, provided that the applicant presents identification sufficient to identify himself or herself as the owner. 19831. A city or county, which is required to give notice pursuant to Section 19830, shall attach to such notice, and, as a condition precedent to issuing a septic permit, require the completion and require the return of, owner-builder verification. 19832. A city or county, whether general law or chartered, shall transmit the notice required pursuant to Section 19830 and the owner-builder verification required pursuant to Section 19831 by mail to the property owner applying for the owner-builder septic permit or may provide the notice or the verification in person to the person applying for the septic permit only if that applicant presents identification sufficient to identify himself or herself as the property owner. The return of the owner-builder verification shall be a condition precedent to issuance of the septic permit.
However, no city or county or its employees shall be responsible for determining the truth or accuracy of the declarations in the owner-builder verification, and no monetary liability on the part of, and no cause of action for damages against them, shall arise from their failure to verify the truth or accuracy of the declarations.
JESSICA MENKEMELLER 10/29/24
NOTE:
FOR CONSTRUCTION STAKING
SCHEDULING OR QUOTATIONS
PLEASE CONTACT ALEX ABAYA
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EXHIBIT B
Fees Paid Receipts
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Your fees have been successfully Paid.
Receipt No: WEB2669
Date: 10/29/2024 10:21:50 AM
Payment Status: Paid
Authorization Code: 21922Q
Amount Paid: $608.66
PERMIT BLD24-0555 23548 RAVENSBURY AVENUE PLUMBING
B003 MEP $526.65
B016 ELECTRONIC PLAN RETENTION FEE $75.00
B030 BSASRF OR GREEN FEE $2.00
B031 SMIP $5.01
Subtotal $608.66
Total amount paid: $608.66
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26379 Fremont Road Town of Los Altos Hills, CA 94022
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The Town of Los Altos Hills, CA makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement along with your express agreement that your use of this site is at your sole risk. The Town of Los Altos Hills will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages.
Payment Amount: $744.00
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Invoice ID Facility ID Name Address Invoice Date Amount Due IN1330085 FA0307972 MCCAULEY PROPERTY 23548 RAVENSBURY AV LOS ALTOS HILLS CA Oct 29, 2024 $744.00 Receipt Number: 3884996020
Transaction Date: 11/01/2024 12:15 PM
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10590
8868
9365
BLD24-0555
Type: SEWER
Subtype: NEW CONNECTION MAIN RES
Short Description
(not required):
ABATING SEPTIC, INSTALLING ONSITE SEWER
WITH CLEANOUT
Status: APPROVED W CONDITION
Applied Date: 10/29/2024
Approved Date: 11/14/2024
Issued Date:
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Permit #BLD24-0555
Permit Info Site Info
26379 Fremont Road Town of Los Altos Hills, CA 94022
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The Town of Los Altos Hills, CA makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement along with your express agreement that your use of this site is at your sole risk. The Town of Los Altos Hills will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. ©1990-2024 CentralSquare Technologies, LLC. All Rights Reserved.
EXHIBIT D
November 7, 2024 Town Connection Invoices
MCCAULEY DONALD D TRUSTEE
23548 RAVENSBURY AVENUE
LOS ALTOS HILLS, CA 94024-6518
Invoice Date: 11/7/2024
Record # Record Type Fee Group Fee Description Quantity Amount SR24-0037 SEWER REVIEW E060 ADDITIONAL REVIEW
DEPOSIT
1 $43,242.84
THIRD PARTY BILLING FEES TOWNS ADMINISTRATIVE
CHARGE
0 $4,324.28
$47,567.12
Invoice Total: $47,567.12
Printed: Thursday, November 07, 2024 5:13 PM 1 of 1
Please send your payment to this address:
26379 Fremont Rd
Los Altos Hills, CA 94022
Town of Los Altos Hills
Town of Los Altos Hills
26379 Fremont Rd
Los Altos Hills,CA 94022
INVOICE #
WEB-2720
Date Due: 12/7/2024
MCCAULEY DONALD D TRUSTEE
23548 RAVENSBURY AVENUE
LOS ALTOS HILLS, CA 94024-6518
Invoice Date: 11/7/2024
Record # Record Type Fee Group Fee Description Quantity Amount SR24-0037 SEWER REVIEW SEWER FEES LOS ALTOS SEWER
CONNECTION
0 $11,236.00
Time Trak 11/7/2024 2:53:05 PM PLAN REVIEW (MELI) 2 $388.00 $11,624.00
Invoice Total: $11,624.00
Printed: Thursday, November 07, 2024 4:24 PM 1 of 1
Please send your payment to this address:
26379 Fremont Rd
Los Altos Hills, CA 94022
Town of Los Altos Hills
Town of Los Altos Hills
26379 Fremont Rd
Los Altos Hills,CA 94022
INVOICE #
WEB-2719
Date Due: 12/7/2024
EXHIBIT E
Jessen Letter dtd November 8, 2024
ITEM 6I Attachment 4
EXHIBIT F
Original Jessen Reimbursement Agreement, March 2003
EXHIBIT G
Jessen Requested 2024 Amendment to 2003 Reimbursement Agmt
ITEM 6I Attachment 5
AMENDMENT NO. 1
TO THE UPPER RAVENSBURY AVENUE SANITARY SEWER
REIMBURSEMENT AGREEMENT BETWEEN THE TOWN OF
LOS ALTOS HILLS AND DAVE JESSEN
This Amendment No. 1 is made and entered into effective __________, 2024 as an amendment to the Sanitary Sewer Reimbursement Agreement dated March 6, 2003 (Agreement), by and between the Town of Los Altos Hills, a municipal corporation of the state of California (“Town”), and Dave Jessen (“Property Owner”) Recitals
WHEREAS the Town and the Property Owner entered into a Sanitary Sewer Reimbursement Agreement on March 6, 2003 (“Agreement”); and WHEREAS the Town and the Property Owner desire to amend the Agreement as set forth below.
Agreements
NOW THEREFORE, the Town of Los Altos Hills and Dave Jessen do hereby agree to amend the Agreement, as of December 19, 2024, as follows:
1. The Town will collect the Usage Fee for each Future user as indicated in Exhibit B upon a request or a Town requirement for hook-up to the Sanitary Sewer Extension by each Future User. On June 30th of each year, the Usage Fees set forth in Exhibit B shall be adjusted for the Construction Cost Index for the prior year. After a request by a Future User or a Town requirement of a Future User to contribute additional sewage to the Sanitary Sewer Extension by connecting to the Sanitary Sewer Extension, the Town shall be entitled to collect the Usage Fee at any time prior to the hook up by such Future User to the Sanitary Sewer Extension. Upon collection of the Usage Fee from each Future User, the Town shall deduct an administrative fee of five percent (5%) from the Usage Fee in accordance with Paragraph 8 of this Agreement. by a Future User to connect to the Sanitary Sewer Extension (“Connection Request”), or upon notice to a Future User that it is subject to a Town requirement that the Future User connect to the Sanitary Sewer Extension (“Connection Requirement Notice”).
The Town shall be entitled to collect the Usage Fee at any time after a Connection Request or Connection Requirement Notice, or prior to a hook-up by a Future User to the Sanitary Sewer Extension. Usage Fees collected from Future Users shall be adjusted annually based on compounded California Construction Cost Index and include additional five percent (5%) administration fee for Town incurred costs (“Administrative Fee”).
2. On December 31 of each year for which this Agreement is in effect, the Town shall pay to Property Owner any and all funds collected pursuant to Paragraph 1 above, less the five percent (5%) administrative fee more particularly described
in Paragraph 8. The Town shall make the check payable to David Jessen or Karen Jessen and shall send such check to Property Owner at 10435 Berkshire Drive, Los Altos Hills, California 94024. Within sixty (60) days of the end of each year during which this Agreement is in effect, the Town shall pay to Property Owner any and all funds collected pursuant to Paragraph 1 above, less the Administrative Fee. The Town shall make the check payable to David Jessen or Karen Jessen and shall send such check to Property Owner at 23225 Ravensbury Avenue, Los Altos Hills, California 94024. Property Owner agrees to indemnify and hold harmless the Town from any claims, costs or expenses incurred by the Town in connection with any claim by any person or entity with respect to this Agreement, the associated costs or the Usage Fees.
7. This Agreement, and the obligations of Town hereunder, whether or not any or all Usage Fees have been collected and remitted to Property Owner or its agents hereunder, shall terminate on the fifteenth (15th) twenty-fifth (25th) anniversary of the date of this Agreement.
Exhibit B of the Agreement updated with Amendment No. 1 per attached. All other terms of the Agreement remain in effect and unchanged.
ATTEST:
__________________________
Arika Birdsong-Miller, City Clerk
TOWN OF LOS ALTOS HILLS
__________________________
Stanley Q. Mok, Mayor
APPROVED AS TO FORM:
__________________________
Steve Mattas, City Attorney
PROPERTY OWNER:
__________________________
Dave Jessen
Exhibit B (Updated with Amendment No. 1 - December 19, 2024) Future Users
Name Address APN# Usage Fee
Seaman 11519 Arroyo Oaks Dr 331-05-44 [$17,770 + CCCI%] + 5% AF Casey 23600 Ravensbury Ave 336-38-17 [$17,770 + CCCI%] + 5% AF Philips 23576 Ravensbury Ave 336-38-18 [$17,770 + CCCI%] + 5% AF Kahn 11520 Arroyo Oaks Dr 331-05-36 [$17,770 + CCCI%] + 5% AF Lloyd 23589 Ravensbury Ave 331-05-35 [$17,770 + CCCI%] + 5% AF Grueninger 23575 Ravensbury Ave 331-05-34 [$17,770 + CCCI%] + 5% AF Hsu 23525 Ravensbury Ave 331-17-77 [$17,770 + CCCI%] + 5% AF McCauley 23548 Ravensbury Ave 336-38-24 [$17,770 + CCCI%] + 5% AF CCCI% is the California Construction Cost Index adjustment to account for construction cost escalation. 5% AF is Administrative Fee as set forth in Paragraph 2 of the Agreement.
2 The bottom line is that putting the Sanitary Sewer Line into the street benefited the property owners by increasing their property values. We bore the financial burden for that by putting the Sanitary Sewer in ourselves. Whether it was ten, fifteen, or twenty years ago, or more, it is still a fact that we should be paid back. Is it right that the other property owners should have a free ride, so to speak, at our expense? The Reimbursement Agreement made the cost of the sewer construction more viable for us knowing that if the same money had been invested in a 401k, or the like, we would have benefited greatly in the future. We are asking the Town of Los Altos Hills to honor these facts by approving the Amendment to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement between the Town of Los Altos Hills, and Dave Jessen.
Thank you for your time and considerartion,
Dave Jessen
Los Altos Hills, CA 94024
ITEM 6B Attachment 7
DATE: January 23, 2025
TO: Honorable Mayor and City Council
FROM: WooJae Kim, Public Works Director
Daniel Liang, Utility Engineering Manager
RE: Response to Letter of Objection from Donald McCauley Regarding Ravensbury Sewer Reimbursement Agreement Extension
This memorandum relates to Agenda Item No. 6.B for the proposed amendment to the Upper Ravensbury Avenue Sanitary Sewer Reimbursement Agreement, dated March 6, 2003, between the Town and Dave Jessen (the “installer”), to extend its previous 15-year term. On December 18, 2024, the Town received a letter of objection from Donald McCauley to the proposed extension. Mr.
McCauley is a “future user” whose property would be covered by the Agreement if the extension is granted. His letter is attached to Agenda Item No. 6.B as Attachment 5.
In summary and as described in more detail in Attachment 5, Mr. McCauley objects to the Town extending the term of the Reimbursement Agreement to collect a reimbursement fee from him because (1) he submitted plans and fees for sewer connection during the time that the Agreement had expired, and the Agreement is only being extended now due to his connection request; (2) extending the Agreement would be inconsistent with state and Town code; (3) the amount of reimbursement and CCI adjustments in the Agreement appear to be internally inconsistent; and (4) the proposed extension of the Agreement would create an improper cloud on recorded title for future connecting owners.
This memo provides staff’s responses to the four main arguments raised in the letter above.
STAFF RESPONSE TO LETTER
I. The purpose of the Reimbursement Agreement is to reimburse the original installer for fronting the cost of constructing a sanitary sewer extension that benefits multiple properties.
The purpose of a Sanitary Sewer Reimbursement Agreement in Los Altos Hills is to “encourage the availability of public sanitary sewers for all Town residents in a fair and rational way”. 1 When a
property owner constructing a sanitary sewer extension that benefits multiple parcels and that subsequently is dedicated to be a public sanitary sewer, the Town’s policy provides for an opportunity for that original installer to be reimbursed for some of the costs that they’ve fronted by constructing that sewer extension, by future users who are benefiting from the installer’s work. The Agreement anticipates that future users may not connect until much later. In this case, Mr. McCauley’s property, 1 Los Altos Hills Sewer Reimbursement Agreement Policy (June 7, 2001).
TOWN OF LOS ALTOS HILLS
MEMORANDUM
23548 Ravensbury Ave., is on the list of future users included in the Reimbursement Agreement2and is going to benefit from the installer Jessen’s work now by connecting to the sanitary sewer extension now despite the sewer extension being built a long time before his connection. Based on correspondence from the installer Jessen to the Town, there is some facts to support that Mr. McCauley knew about the reimbursement plan at its conception and that his property would be listed as a future user, which Mr. McCauley also does not refute in his December 18, 2024 letter.
McCauley’s letter further claims the reason that he has to connect to the Town’s sewer is because the existing septic system is failing and repairs is not permitted under current Town rules, and thus he is required to connect to sewer in any event. He also claims that the Town has charged certain amounts for sewer reviews and those charges cannot be imposed because they stem from the expired Reimbursement Agreement.3
Unlike what the claims state in the letter, the Town does not approve, or issue permits for the repair of septic systems within the Town’s limits. Santa Clara County, Department of Environmental Health, is responsible for issuing permits related to septic systems within the Town. If the County does not permit septic system repair or usage in this case, then McCauley’s property would have to connect to sewer, and it would benefit from the extension installed by Jessen. Additionally, contrary to the claims in the letter, the Town has not charged any sewer reimbursement fee at this time. The proposed sewer connection by McCauley would be required to pay a connection fee based on the Town’s Engineering Fee Schedule and sewer plan review and administrative fees, which are all separate from a sewer reimbursement fee. The Town has only issued invoices to collect the connection fee and plan review fees at this time. If the City Council approves the proposed Reimbursement Agreement extension, and the First Amendment is executed for that Reimbursement Agreement, then the Town will collect a reimbursement amount from Mr. McCauley.
II. Extending the term of the Reimbursement Agreement is not inconsistent with the Town’s Municipal Code and policy or with state law.
Los Altos Hills Municipal Code Title 6, Chapter 4, Article 5 provides for Sewer Reimbursement Agreement requirements. The Town has also adopted a Sewer Reimbursement Policy dated June 7, 2001 (“Policy”). Under the Muni Code, the Town is authorized to enter into sewer reimbursement agreements with property owners to reimburse them for the cost of constructing sewer improvements (i.e. sewer main extensions that are dedicated to the Town) in accordance with Town standards and regulations. Pursuant to a sewer reimbursement agreement, the Town collects from “future users” who wish to benefit from the sewer improvements or who are required to connect to sewer in order to reimburse the property owner who originally installed the sewer improvements that are attributable to the benefit of the future user.
4 As noted above, the Muni Code anticipates that reimbursement may occur much later after construction of the sewer improvements if at all, and provides that (a) the term of each reimbursement agreement is capped at 25 years, and may be entered into retroactively within 10 years; and (b) the Town is not liable to property owners for failure to collect reimbursement costs. 5 Likewise, the Town’s Policy sets forth the procedures for installers to apply for and enter into a sewer reimbursement 2 See Exhibit B to Sewer Reimbursement Agreement (Agenda Item No. 6.B Attachment 2) 3 See pages 1-2, fourth and second paragraphs of McCauley Letter, respectively. 4 LAHMC Section 6-4.503.
5 LAHMC Sections 6-4.503(d); 6-4.504.
agreement and the standards upon which the Town will process and maintain the agreement, including the following main provisions:
• An application for reimbursement agreement must be based on a project and determined final project costs, including approved construction plans and engineering surveying map. Only project costs, permit fees, and other limited types of related costs may be subject to reimbursement; interest and other costs are not included. This project cost amount determines the total recovery that a property owner may receive under a reimbursement structure. • The Town Engineer will review and approve the list of future users in the “service area” who may potentially connect to the sewer improvements constructed. It should also be noted that the City Council actually reviews and approves a reimbursement agreement during a public meeting.
• The initial term of a reimbursement agreement is 15 years and will only include future users who will directly benefit from the construction. The Policy also provides that on June 30th of each year the reimbursement amount on the list of properties shall be adjusted for the Construction Cost Index for the prior year. There is no prohibition that a sewer reimbursement agreement cannot be extended after the 15-year term has passed.
In this case, the McCauley property was listed on the Reimbursement Agreement as a future user in the original document, which was approved by the Council during a public meeting via resolution.
This property will directly benefit from the sewer extension installed by Jessen, since it is required to connect to said sewer. The reimbursement amount is calculated in accordance with the formula specified in the Reimbursement Agreement to reimburse the installer for project costs and adjusted by the CCI inflation index. The proposed extension is within the 25-year limit set forth by the Muni Code.
Although the connection by McCauley is made after several years from the expiration of the 15-year Reimbursement Agreement term and construction of the sewer, that does not alter the fact that his property would benefit from the sewer previously constructed by Jessen at Jessen’s expense. Therefore, the proposed extension and collection of a reimbursement fee would be consistent with Town code and policy as set forth above.
It should also be clarified that The Town did not advise the installer Jessen to extend the term of the reimbursement agreement. However, the Town did notify Jessen the interest of a homeowner to connect to the Ravensbury Ave sanitary sewer main and informed Jessen that the term of his original reimbursement agreement was 15 years. Jessen expressed his interest in amending the original reimbursement agreement and made a request to extend the term to 25 years which is the maximum allowed by ordinance. As noted above, there is no provision in the Town’s ordinance that prohibits the installer from extending the term of the reimbursement agreement after it has expired.
Finally, Mr. McCauley’s letter further alleges that the proposed extension would violate Government Code section 66000 et seq., otherwise known as the “Mitigation Fee Act”. The letter argues that the proposed extension and reimbursement fee constitutes a “fee or exaction” imposed by the Town and exceeds the “estimated reasonable cost” of constructing the sewer line. However, contrary to this argument, the reimbursement fee is not a fee or exaction as defined by state law because it is not a fee or exaction charged by the Town to mitigate impacts to public facilities due to a development project.
In this case, the reimbursement fee is of an entirely different nature- that is, as described above, it is a provision to reimburse a property owner who has fronted the cost of construction by a subsequent user
who has benefitted from the sewer improvement. As such, the sewer reimbursement fee is not subject to the Mitigation Fee Act and there is no state law violation.
III. The reimbursement fee and CCI adjustment in the Reimbursement Agreement are internally consistent and the adjustment amount is appropriate.
Mr. McCauley’s letter claims that that annual CCI adjustments to the reimbursement fee do not relate to any cost increases because construction is already complete. The letter also argues that the reimbursement fee mechanism is being used to “profit” the original installer. These claims are not correct. At the outset, the City Council adopted the Town’s Policy, Procedures and Guidelines for the Sanitary Sewer Reimbursement Agreements during a regular council meeting on June 7, 2001. The policy is “… to encourage the availability of public sanitary sewers for all Town residents in a fair and rational manner. In order to facilitate this goal, the Town will enter into an agreement with property owners willing or required to construct public sanitary sewer infrastructure in order to reimburse those constructers for a fair share of the direct cost of construction collected from properties that directly benefit from that construction.” Article 12 of the Procedures and Guidelines reads “…..
On June 30th of each year, the reimbursement amount on the list of properties shall be adjusted for the Construction Cost Index for the prior year.” The CCI annual adjustment is also a part of the initial agreement approved by the City Council via resolution during a public meeting on March 6, 2003.
The intention of using the CCI inflation adjustment is to capture the value of the reimbursement when it is paid later than the time of the initial expenditure. This provides an opportunity for the installer to recover the project cost that they have fronted.
Installer Jessen has not profited from the reimbursement agreement; in fact, it appears that the installer has not made full cost recovery on the project. Per Exhibit B of the Reimbursement Agreement, there are eight future users with the total usage fee amount of $142,160 ($17,770 x 8- which is the estimated project cost amount determined at execution). As of today, one future user has connected and paid the reimbursement fee of $17,770. This amount does not include the CCI adjustment as the payment was made in 2003, soon after the reimbursement agreement was approved by the City Council.
IV. The Reimbursement Agreement does not create any clouds on title for future users.
The Reimbursement Agreement is not recorded against any property of a future user, it does not create any “clouds” or unnecessary restrictions on a future user’s property. The Town only collects reimbursement fees in accordance with the terms and amount in the Reimbursement Agreement because a future user is listed and benefited from the installer’s work to connect to the sewer extension.
ITEM 6B Attachment 8
AMENDMENT NO. 1
TO THE UPPER RAVENSBURY AVENUE SANITARY SEWER
REIMBURSEMENT AGREEMENT BETWEEN THE TOWN OF
LOS ALTOS HILLS AND AND DAVE JESSEN
This Amendment No. 1 is made and entered into effective __________, 2025 as an amendment to the Sanitary Sewer Reimbursement Agreement dated March 6, 2003 (Agreement), by and between the Town of Los Altos Hills, a municipal corporation of the state of California (“Town”), and Dave Jessen (“Property Owner”) Recitals
WHEREAS the Town and the Property Owner entered into a Sanitary Sewer Reimbursement Agreement on March 6, 2003 (“Agreement”); and WHEREAS the Town and the Property Owner desire to amend the Agreement as set forth below.
Agreements
NOW THEREFORE, the Town of Los Altos Hills and Dave Jessen do hereby agree to amend the Agreement, as of January 16, 2025, as follows:
2. On December 31 of each year for which this Agreement is in effect, the Town shall pay to Property Owner any and all funds collected pursuant to Paragraph 1 above, less the five percent (5%) administrative fee more particularly described in Paragraph 8. The Town shall make the check payable to David Jessen or Karen Jessen and shall send such check to Property Owner at 10435 Berkshire Drive, Los Altos Hills, California 94024 23225 Ravensbury Avenue, Los Altos Hills, California 94024. Property Owner agrees to indemnify and hold harmless the Town from any claims, costs or expenses incurred by the Town in connection with any claim by any person or entity with respect to this Agreement, the associated costs or the Usage Fees.
7. This Agreement, and the obligations of Town hereunder, whether or not any or all Usage Fees have been collected and remitted to Property Owner or its agents hereunder, shall terminate on the fifteenth (15th) twenty-fifth (25th) anniversary of the date of this Agreement.
ITEM 6B Attachment 8
ATTEST:
__________________________
Arika Birdsong-Miller, City Clerk
TOWN OF LOS ALTOS HILLS
__________________________
Kavita Tankha, Mayor
APPROVED AS TO FORM:
__________________________
Steve Mattas, City Attorney
PROPERTY OWNER:
__________________________
Dave Jessen
ITEM 7C
TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: INTRODUCTION OF AN ORDINANCE (FIRST READING) AMENDING TITLE 2, CHAPTER 6 – CONFLICT OF INTEREST – OF THE LOS ALTOS
HILLS MUNICIPAL CODE REMOVING CONFLICT OF INTEREST
DESIGNATIONS
FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Waive reading and introduce the proposed Ordinance Amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code (“Ordinance”) as included in Attachment 1.
BACKGROUND
Pursuant to the Political Reform Act, all local government agencies are required by law to adopt a Conflict-of-Interest Code that includes provisions designating the positions within the agency that will be required to report certain financial interests, the manner of reporting those financial interests, and standards for when the employees, committee members, commissioners or designated consultants will be disqualified from participating in the making of certain decisions.
The Town’s Conflict of Interest Code is codified in Chapter 6 of Title 2 of the Municipal Code.
All employees, commissioners, committee members and consultants designated as filers in the Town’s Conflict of Interest Code must file conflict of interest disclosure statements using the Fair Political Practices Commission (“FPPC”) form Statement of Economic Interests (“Form 700”). (Gov. Code Section 87302). The Town’s Code does not designate the City Council, Planning Commission, City Manager, City Attorney, or Treasurer, but these positions are each required to file a FPPC Form 700 under Government Code section 87200.
Every two years the Town reviews and updates its Conflict-of-Interest Code. On October 20, 2022, the City Council adopted Ordinance 603, amending Title 2 of Chapter 6 of the Los Altos Hills Municipal Code, adding certain conflict of interest designations, including the Finance and Investment Committee, Environmental Design and Protection Committee, Pathways Committee, Open Space Committee, and Environmental Initiatives Committee, along with certain employee positions. The inclusion of the five Town committees was a voluntary action by the Town and is not required by law. Some committee members have expressed reservations about the designation of the committees in the Town’s Conflict of Interest Code. Based on these concerns, staff is recommending that the Council further amend the Conflict of Interest Code to remove the standing committees. If the Council adopts the proposed ordinance, the previously designated standing committee members would not be required to file an FPPC Form 700.
Staff Report to City Council Page 2
Conflict of Interest Code Update
January 29, 2025
Even if these standing committee members are not required to file Form 700s under the Town’s Conflict of Interest Code, other state laws continue to apply to town officials and employees.
For example, Government Code Section 1090 prohibits town officials from participating in the making of a contract in which they have a financial interest. Also, the common law conflict of interest doctrine requires that Town officials not participate in a decision if the member does not believe that they can participate in the matter with "disinterested skill, zeal and diligence and primarily for the benefit of the public" rather than for a private interest, in which case the member should recuse themselves from the decision. Both Government Code Section 1090 and the common law doctrine against conflict of interests exist under state law and will continue to apply to committee members, along with the City Council, Planning Commission, City Manager, City Attorney, City Treasurer, employees, among other positions.
If the City Council desires to adopt the recommended ordinance amendment, the City Council may desire to consider providing policy direction that any standing committee member who has a property interest, based on ownership of property within 1000 feet of any property, impacted by a decision continue to abstain from such a decision and that if a standing committee member has a financial interest in a decision or action by the standing committee that is distinguishable from the general public that the committee member abstain from the relevant decision.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2022 CITY COUNCIL STRATEGIC PRIORITIES
Amending the Code of Conduct was one of the Council’s 2022 Strategic Priorities. It was captured in the Key Project called “Increase Effective Use of Committees” and was identified as the milestone “Create Committee Norms.” The Conflict-of-Interest Code is a state requirement and is related to but separate from the Code of Conduct adopted separately by the Town.
FISCAL IMPACT
There is no fiscal impact associated with this proposed ordinance.
ATTACHMENTS
1. Proposed Ordinance Amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code
Ordinance Page 1
ORDINANCE XX-XX
ORDINANCE OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AMENDING TITLE 2, CHAPTER 6
OF THE LOS ALTOS HILLS MUNICIPAL CODE REMOVING CONFLICT OF
INTEREST DESIGNATIONS
WHEREAS, the Political Reform Act requires every local government agency to review its conflict-of-interest code to determine if it is accurate or, alternatively, that the code must be amended; and
WHEREAS, following review of the code, it was determined that the amendments contained in this Ordinance were appropriate.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows:
1. Chapter 6 of Title 2 of the Los Altos Hills Municipal Code is hereby amended to read as follows (with additions in double underline and deletions in strikethrough):
CONFLICTS OF INTEREST
2-6.01 Purpose.
Pursuant to the provisions of Government Code Sections 87300, et seq., the following provisions constitute the Conflict-of-Interest Code for the Town of Los Altos Hills. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of this Code are additional to Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest.
2-6.02 Incorporation of Model Code
The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission is hereby incorporated herein by reference.
2-6.03 Designated Positions and Disclosure Categories.
The positions listed in this Section 2-6.03 are designated positions. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official.
Designated Position Category
City Engineer/Public Works Director 1
ITEM 7C, Attachment 1
2 of 3
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
Senior Engineer
Associate Engineer
Assistant Engineer
Community Development Director
Senior Planner
Associate Planner
Assistant Planner
Building Technician
Planning Technician
Administrative Services Director
Finance Director
Deputy City Manager
Finance Manager
Management Analyst I
City Clerk
Assistant to the City Manager
Building Official
Deputy Building Official/Plan Examiner
Community Services Manager
Community Services Supervisor
Administrative Clerk/Technician
Finance and Investment Committee Members
Environmental Design and Protection
Committee Members
Pathways Committee Members
Open Space Committee Members
Environmental Initiatives Committee Members
Consultants 2
Category 1: Persons in this category shall disclose all of the following interests:
investments, interests in real property located either wholly or partially within the Town or within 2 miles of the Town’s boundaries, business positions and income—including loans, gifts and travel payments—from all sources.
Consultant Disclosure Category 2: Consultants shall disclose all of the interests required to be disclosed pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this Chapter. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection.
2. 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. 1 1
Ordinance Page 3
3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall become effective thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney
5270538.1
1 TOWN OF LOS ALTOS HILLS January 29, 2025
Staff Report to the City Council
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING CITY COUNCIL
APPOINTMENTS TO STANDING COMMITTEES AND OUTSIDE
AGENCIES
FROM: Arika Miller, City Clerk ABM
APPROVED: Peter Pirnejad, City Manager PP
RECOMMENDATION: That the City Council should:
Adopt the attached Resolution (Attachment 1) adopting appointments to the Town’s Standing Committees and Outside Agencies. This action is necessary to fulfill the Town's representative obligations and ensure effective governance and community representation.
BACKGROUND:
Annually, the City Council reviews and updates appointments to various Standing Committees and Outside Agencies. These appointments are crucial for maintaining the Town's engagement with regional bodies and ensuring that local interests are represented in broader discussions. The Standing Committees serve as advisory bodies to the City Council, providing recommendations on various issues within their respective domains.
DISCUSSION:
The proposed Resolution facilitates the annual process of appointing City Council members to serve as liaisons to Town Standing Committees and representatives to Outside Agencies. These appointments play a vital role in supporting the Town's governance framework, fostering collaboration, and ensuring that local interests are effectively represented at both the community and regional levels.
By designating Council liaisons, the Town strengthens communication, provides oversight, and maintains an active presence in discussions that influence Town policies and priorities. Each appointee serves as a conduit for information, bringing committee insights to the City Council and ensuring alignment with the Town’s broader goals.
Adopting this resolution will confirm appointments for the 2025 calendar year, as detailed in Attachment 1. These appointments will empower the Town to address pressing local issues, engage in regional planning efforts, and uphold its commitment to effective, inclusive governance.
ITEM 8A
Staff Report to City Council Page 2
Establishing City Council Appointments
January 29, 2025
2 ENVIRONMENTAL REVIEW:
Approving the Resolution is exempt from California Environmental Quality Act (CEQA) due to this work not being defined as a “project” under CEQA.
2024-25 CITY COUNCIL WORK PLAN
Adopting the Resolution is not specifically identified on the workplan but rather falls under the day-to-day operations of Town Staff.
FISCAL IMPACT:
There is no Fiscal Impact to adopting the Resolution.
ATTACHMENTS:
1. Resolution Establishing City Council Appointments to Standing Committees and Outside Agencies
2. List of 2024 Council Liaison Appointment and 2025 Proposed Appointments
Town Standing Committees 2024 Council Liaison 2025 Proposed Public Art (2nd Mon/month - 5:00 PM) Schmidt On hiatus
Community Relations (4th Tues/month – 7:00 PM)
Merging to Parks, Recreation, and Community Events Schmidt XXXXXXXXXXXXXXXX Emergency Preparedness and Response (1st Tuesday/month 6:00 pm) Schmidt Tyson/Bhateja Environmental Design & Protection (2nd Tues/month – 5:45 PM) Tankha Environmental Initiatives (2nd Thurs/month – 6:30 PM) Tyson Tyson Finance/Investment (1st Mon/month – 4:00 PM) Mok/Schmidt Tankha/Bhateja History (3rd Tues/month – 3:30 PM) Swan Swan
LA/LAH Jt. Comm. Vol. Service Awards (As Needed) Tyson
LA/LAH Senior Commission (1st Mon/month – 3:30 PM) Tyson LA/LAH Library Commission Schmidt
Open Space (2nd Thurs/month – 9:00 AM) Schmidt
Parks & Recreation (3rd Mon/month – 5:30 PM)
Merging to Parks, Recreation, and Community Events Mok XXXXXXXXXXXXXXXX Parks, Recreation, and Community Events Mok
Pathways (4th Mon/month – 7:00 PM) Swan Swan
Technology Committee (Time/Date TBD) Mok Mok/ Bhateja
LAH Emergency Council (Ordinance 550 states: (3) The Mayor, or as an alternate, the Vice Mayor Mok/Schmidt Tankha/Bhateja Outside Agencies 2024 Council Liaison 2025 Proposed
Association of Bay Area Governments (ABAG) (3rd Thurs/month every other month) Tankha North County Library Authority (no fixed schedule 4X/year) Schmidt Joint Powers Authority Board (Library) Schmidt
Valley Transportation Authority (VTA) Board (Group 2) (1st Thurs/month 5:30 PM) Tyson VTA Policy Advisory Group (2nd Thurs/month 4:00 PM) (Alternate is okay) Tyson/Swan SCVWD Water Commission (4th Wed/month every quarter 12:00 PM) Schmidt Bhateja Santa Clara County Cities Assn. Board (2nd Thurs/month 7:00 PM, no meeting in July) Mok Bhateja/Swan Los Altos Hills County Fire District (3rd Tues/month 7:00 PM) Tyson/Tankha Tyson/Bhateja CHAC JPA (4thWed/month 4:30 PM-no meeting July & Dec) Tyson Tyson Silicon Valley Clean Energy Authority (2nd Wed/month 6:00 PM) Tyson/Swan Tyson/Bhateja
ITEM 8A, Attachment 2
Resolution XX-25
RESOLUTION XX-25
RESOLUTION OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING CITY
COUNCIL APPOINTMENTS TO STANDING COMMITTEES AND OUTSIDE
AGENCIES
WHEREAS, the City Council of the Town of Los Altos Hills recognizes the importance of appointing representatives to various Standing Committees and Outside Agencies to ensure effective governance and community representation; and
WHEREAS, the City Council annually reviews and updates these appointments to fulfill the Town's representative obligations and to ensure that the committees are staffed with qualified and committed individuals; and
WHEREAS, the list of appointments for the year is attached as Exhibit 1, detailing the City Council assignments to Standing Committees and Outside Agencies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the appointments outlined in Exhibit 1 are hereby made and approved for the year 2025.
PASSED AND ADOPTED by the City Council of the Town of Los Altos Hills at a City Council Regular Meeting held on the 30th day of January 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: __________________________
Kavita Tankha, Mayor
ATTEST:
_________________________________
Arika Miller, City Clerk