Category: Los Altos City Council

December 7, 2021

Los Altos City Council members serve as Mayor or Vice Mayor for one year and follow the Council Norms and Procedures for selection. For 2022 Anita Enander will move from Vice Mayor to Mayor. Sally Meadows will serve as Vice Mayor.

December 14, 2021

Los Altos City Council adopted a resolution that included three detailed appendices establishing Objective Design Standards for single family residential zones in the city. The resolution implements State Senate Bill 9 legislation. Compliance to SB 9 takes effect on January 1, 2022.

To form the resolution the council incorporated practices used currently to approve residential dwellings and added modifications after public comment and discussion by council members at earlier council meetings. The most controversial part of SB9 concerns the number of housing units per sub-divided lot. Appendix 3 to the resolution offers detailed guidelines for the variation in number and type of dwellings per sub-divided lot. In another controversy, design for dwelling units built on lots that property owners wish to sub-divide in accord with SB 9 allows for ministerial approval, without discretionary review or hearings by planning commissions or the City. One public comment concern brought up the types of denial that can occur if the sub-divided lot dwellings would have an adverse impact on public health or safety. The public commenter described his very narrow street, suggesting that an increased number of cars on the street would be a safety danger for emergency vehicles.

As the legislation is reviewed and amended, city officials and the Planning Commission will further refine the standards. The City has until May 2022 to issue amendments.

The City Council moved to authorize the City Manager to execute a new Three-Year Contract with Alta Housing (Formerly Palo Alto Housing) for housing services. The agreement is not to exceed $195,000. Alta Housing provides on-going housing services for affordable housing, both current and future, in the City. The council also moved to direct the staff to collect statistical information within sixty days from Alta Housing providers about applicants fitting the criteria for affordable housing at Alta Housing. The information will address concerns from Council and from public comment about discrepancies in applications for admittance to Alta Housing.

Claire Noonan, Observer

November 9, 2021

The City Council adopted, in line with requirements of AB 361, another Emergency Declaration for a local emergency due to the COVID-19. A public agency may continue to hold virtual City Council and Commission meetings while under a declaration of emergency without complying with certain elements of the Ralph M. Brown Act.

The City Council received and responded to an informational memorandum about a resolution for Senate Bill 9 (SB 9) implementation regarding the adoption of single-family residential objective zoning standards.

Since more than 75% of Los Altos is zoned for single-family residential use, any SB 9 implementation will have an immediate impact on design review applications. The memorandum suggests a phased implementation.

For a Phase I Project Schedule the following has been accomplished:

• On November 3, the Deputy City Attorney (Erik Ramakrishna) gave an SB 8 and SB 9 presentation to the Design Review Commission (DRC).
  • At this meeting city staff asked for a DRC Ad Hoc Subcommittee composed of two members so input can be given on the design standards.
• On November 10, City staff met with the DRC Ad Hoc Subcommittee to discuss the draft single-family objective standards.
• The results will be presented to the City Council at its meeting of November 30, 2021, for consideration.

For Phase II Project Schedule:

• Between January-March 2022-City staff will contract with a consultant firm to prepare detailed graphics and charts to enhance the standards adopted in December.
• March 2022-June 2023-City staff will engage community members and the City Council in a more detailed and thorough project review similar to what occurred for the Multi Family/Mixed Use Objective Standards Project.

Of five public comments, one suggested ten measures to include in the standards. An affordable unit covenant and a maximum of 4 units and two lots were the top priorities. However, city Attorney Ramakrishnan reminded the council that designating affordable units is not part of SB 9 legislation.

From discussion at the September 21, 2021, meeting, the City Council decided 3 to 2 that the Los Altos Community Center site will write an ordinance to require voter approval for the sale, transfer of title, or subdivision of any portion of this property. Adoption of the ordinance will be made at the meeting November 30, 2021.

November 30, 2021

The City Council approved the suggestions to change the Objective Standards for Single-Family Residences detailed resolution so the formal resolution may be adopted at the December 14, 2021, Council meeting. The final resolution will establish Objective Standards that allows the City to control development on single-family zoned properties after January 1, 2022, in accord with Senate Bill 9. Of suggestions brought up at the November 9 Council meeting, the current draft resolution has included

• a GIS map identifying those parcels that require additional consideration by the city.
• a severability clause to ensure if one portion of the resolution is found to have fault that the remainder of the document will still be upheld in court.
• a sample of impact fees for a standard SB 9 project.
• minimal draft Palo Alto standards incorporated into the resolution. Note that Cupertino hasn’t responded to a request to see their draft standards.

Six public comments were heard about preference for cottages rather than duplexes, concern about flag lots, and single-family residence design rules that are less strict than rules for SB 9 lots. Further Council discussion about two units allowed per sub-division was the main item to clarify before final adoption at the December 14, 2021, meeting.

After a decision at the November 9 City Council meeting to write an ordinance about the sale of Los Altos Community Center land, the City Council adopted the ordinance “Restrictions on the City-Owned properties collectively referred to as the Los Altos Community Center Site” which puts in place a requirement for voter approval of the sale or transfer of title of all or a portion of the Community Center site, unless the ordinance is repealed or amended by a future City Council. Voter approval shall not be required for leases (including ground leases), licenses, and/or any other instruments which do not convey fee title interest.

Claire Noonan, Observer

October 12, 2021

The City Council adopted an ordinance amending the Los Altos Municipal Code by adding “Safe Storage of Firearms” in the City of Los Altos. See September 2021 for more on storage.

The City Council considered a City Council Member Censure Policy that applies only to the City of Los Altos Mayor, Vice Mayor, and City Councilmembers serving on the Los Altos City Council for improper conduct that could result in admonition or censure. Councilmembers Meadows and Weinberg agreed that it closes a loophole in the current written norms and procedures and is like policies in the cities of Los Gatos, Santa Clara, and Stockton.

The current policy of the Council is that all members shall abide by federal and state law, City ordinances, and City policies, including the Council Norms and Procedures. Violations of such law or policy can undermine the effectiveness of the Council as a whole and foster distrust from the public.

With this Accountability Policy the Council shall only admonish or censure a Councilmember if the Councilmember has violated a Law or Policy from the list above more than two times and the Councilmember has been publicly warned about such violations by other Councilmember/s and the Councilmember who received the warning continues to violate the Law or Policy a third time.

Public comments against the policy suggested that the added policy is politically motivated, punitive, and would cause further division in the city. According to statement by councilmember Lynette Lee Eng, the changes fail to acknowledge the cultural diversity in the community by council members. Vice-mayor Anita Enander spoke to the policy details and wondered whether it would provide real accountability. Public comment proponents stated that the change in policy would be directed to a clear violation to the law, norms, procedures, not because of differing opinion.

The Council adopted an Accountability Policy with a 3/2 vote.

For the final update on the twenty-two legislative bills of interest to the City Council, Governor Newsom signed three bills that City Council opposed: SB 8, SB 9, and SB 10 about housing. AB 361, signed by the governor, sets the end date of January 31, 2022, for City Council to hold meetings via Zoom/Facebook/You Tube under a declaration of ‘state of emergency.’ Assuming Covid-19 restrictions do not change, the Council will decide when to begin in-person meetings by that date.

October 26, 2021

As last step to complete the Los Altos Community Center Project the City Council authorized the Engineering Services Director to record a Notice of Completion as required by law.

Because methane gas is a super climate pollutant found at landfills, beginning with the AB 1826 regulations in 2016, Los Altos began its organic waste recycling program with Mission Trail Waste Management. In September 2016 Governor Brown signed SB 1381 as update on organic waste diversion which included Edible Food Recovery. The regulations for implementing the legislation were finalized in November 2020 by CalRecycle (California Department of Resources Recycling and Recovery).

Because of SB 1381 Joint Ventures Silicon Valley developed county-wide regulations to streamline recycling projects for the cities. The City Council introduced a city ordinance amendment to address the regulations for businesses and residents, with minimum changes from the county recommendations, for solid, that is organic, waste collection, removal, disposal, processing, and recycling. The goal is 75% reduction in landfill disposal by 2025.

Second, the City Council introduced another ordinance amendment for Edible Food Recovery. Businesses must establish a system to recover and donate edibles to comply with a 20% reduction in landfill disposal by 2025. Los Altos businesses will make contracts with food recovery organizations to comply with the Edible Food Recovery program. City Council directed staff to place the ordinances on the Consent Calendar for adoption at the November 9, 2021, meeting.

Claire Noonan, Observer 

September 14, 2021

The City Council approved support to design a formal pedestrian trail between Redwood Grove Nature Preserve and Fremont Road in Los Altos Hills. An informal trail has existed for years, but its safety is undetermined. The issues to resolve for a secure path are engineering, environmental permits, and responsibility for construction and maintenance. City Manager will work with Los Altos Hills staff and the Parks and Recreation Commission and other Commissions as necessary and return to the City Council with recommendations.

The City Council introduced an amendment to an ordinance of the Los Altos Municipal Code for “Safe Storage of Firearms” in the City of Los Altos. The possibility was first discussed at the April 27, 2021, City Council meeting. The state of California has no law about safe storage – arms in a locked storage unit and with safety triggers on firearms – although numerous studies have determined the need for legislation or an ordinance by a city. The proposed amendment to the current ordinance about safe storage of firearms applies only to residences in the City of Los Altos. Adoption is tentatively scheduled for October 12, 2021.

The City Council indefinitely tabled the formation of a City Council Friends of the Library (FOL) Subcommittee that would address the space difficulties for the Los Altos FOL.

The City Council amended Zoning ordinances of the Los Altos Municipal Code to provide objective zoning standards for multi-family and mixed-housing development projects that are consistent with current State laws. The zoning must allow a variety of housing opportunities of quality, safety, privacy, and that save the character of the neighborhood. The zoning amendment will allow applicants, staff, other decision makers, and the community to be able to evaluate the projects.

The City Council received an update from the Council Legislative Subcommittee. Of 22 bills os which vice-mayor Enander and member Weinberg kept track, SB 640 (authorizes cities and counties to propose projects to be jointly funded by transportation funds) has been signed and AB 473 (changes to the California Public Records Act) has been sent to the Governor’s desk. A full report on the bills will be presented at an October board meeting after the bills are signed, fail to be signed, or vetoed.

September 21, 2021

Members of the City Council want to enact rules that would limit the City’s ability to sell, transfer fee ownership, or re-designate land around the Los Altos Civic Center. The City Council directed the City Attorney and staff to revise a zoning amendment to the Public Land Protection (PLP) Ordinance by adding a Public Land Preservation Overlay District ordinance to the zoning of the Los Altos Municipal Code for the Civic Center site. The proposed PLP Overlay District Ordinance would give zoning protections to the civic center but also extend to other properties. It did not, according to city staff, guarantee that any sale of land would be subject to voter approval, and the ordinance could be repealed by a future council.

Of the four options presented, Staff recommended option 2 which adds a qualifying statement that a future City Council by simple majority may repeal the Ordinance. The Planning Commission voted 6-0 against the ordinance amendment, saying it is overreach for a non-existing problem.

In public comment, several residents said the proposed option to the ordinance is an attempt by the people behind Measure C to overturn the will of the voters and substitute their judgement. Los Altos voters rejected Measure C in 2018 requiring a vote for any change to public land use.

Others stated that the Civic Center land should be designated as Parks or Other Open Space which was the proposal promised and voted on by the City Council in October 2018 in order to defeat Measure C.

A few public comments supported the voting option.

Claire Noonan, Observer

The staff will return with explanation of the possible changes at the October 24, 2021, City Council meeting.

August 16, 2021

Superintendent Jeff Baier presented information about what LASD schools have done to prepare the for 2021-22 school year. Unlike last year, the state of California is prioritizing in-person instruction, and there will be no virtual option offered this year. LASD has contracted with StrideK12 to offer an independent study option in lieu of virtual school. Currently only 18 students in the district have elected to do independent study and all other students will be back on campus for 5 full days of in-person instruction. The board members unanimously approved changes to the district policy on independent study which can be found here: Independent Study Policy

During public comment, parents requested on-campus testing as well as mandatory outdoor masking. Although the California Department of Public Health does not require masking outdoors, the LASD school board directed Superintendent Baier to require that masks be worn even when outdoors.

Assistant Superintendent Randy Kenyon also gave a brief presentation on upcoming changes to the state budget for education. Much of the new funding will be program based (e.g. free meals, universal Transitional Kindergarten TK) and we are still waiting for more details from the state. LASD is unlikely to be significantly impacted due to demographics. Mr. Kenyon also requested a special meeting on September 13, 2021 in order to approve the 2020-21 actual budget which is due to the county on September 15.

August 20, 2021

Superintendent Jeff Baier provided updates on the district case counts for COVID-19. More information can be found using this link: LASD coronavirus information

Outdoor masks are now required with exceptions for certain after-school sports at the Jr. High level (e.g. cross-country while actively running). There was pushback on the outdoor mask requirement from some parents, and board members emphasized that they want to start the school year conservatively and will re-evaluate throughout the school year.

On-campus student pool testing for COVID-19 will again be offered through Concentric. It is now available to all students (TK – 8^th grade). Parents must complete a consent form if they would like their students to be tested on-campus.

Assistant Superintendent Mrs. McGonagle provided an update on professional development for teachers. Special programs such as PE, music, and computer science are back. Both students and teachers alike are experiencing a much more normal school year.

The board also discussed various changes to the board policies, regulations, and bylaws in order to revise outdated language.

Stella Kam, Observer

July 13, 2021

The City Council adopted a Drought Preparedness and Water Conservation Resolution to encourage voluntary water conservation efforts throughout the city as a proactive step in response to the current drought conditions. Although in April 2021, Governor Newsom declared a drought emergency Santa Clara County was excluded. However, Santa Clara Valley Water (Valley Water) Board of Directors declared a water shortage emergency and called for a mandatory 15% reduction in water use. Cal Water is currently considering additional water restrictions but has not established water restrictions beyond the standard prohibited uses of water.

The City Council appointed Mayor Neysa Fligor and Vice Mayor Anita Enander to serve on the new City Council Housing Element Subcommittee. The formation of a subcommittee was decided at the June 8, 2021, City Council meeting when Lisa Wise Consulting (LWC) was hired to complete the Housing Element Update. The purpose of the Subcommittee is to focus on the public engagement component of the Housing Element update effort. Staff will return to the City Council at a future meeting with the public engagement/outreach plan once it is drafted with input from LWC and from the City Council Subcommittee.

August 24, 2021

After discussion about a new 10-year license with Friends of the Library at the current location, the City Council, instead, approved and directed staff to extend the existing license agreement with Los Altos Friends of the Library through August 2021. In the meantime, Council also directed the city attorney, staff, and Friends of the Library to explore co-locating Friends of the Library to Woodland Library.

The City Council adopted the Drought Response and Water Conservation Efforts supporting Cal Water’s implementation of and encouragement of water restrictions and conservation efforts by residents, businesses, and other water users in Los Altos.

The City Council received for first reading an ordinance amending the Los Altos Municipal Code to provide objective zoning standards for future housing development projects. These objective standards are intended to provide clear and measurable site development standards against which applicants, staff, decision makers and the community can evaluate a project, thus eliminating subjectivity when approving the projects.  The new objective standards aim to expedite new housing construction.

These standards are being developed in response to recent legislation at the State level, although the City feels the legislation reduces the city’s ability to exercise discretion in the review of a project, either a multi-family housing project or a mixed-use project.

Council discussed multiple problems with the document and asked several questions for staff and the Planning Commission to resolve. For example, what about houses that don’t conform under new standards. Would owners have to rebuild to the new standards in the event of, for instance, a fire? The staff and Planning Commission will make revisions for the problems suggested before adoption of the ordinance scheduled for September 14, 2021. It will take effect 30 days later.

Claire Noonan, Observer