LAR NewsBites January 28, 2024
In this issue, we want to alert you to a change in how the City handles your comments to Council and to inform you about a Federal ruling that impacts our Reach Codes.
The City No Longer Redacts Your Email Address
When You Send A Public Comment via Email
Be aware that messages to Council are public documents. When you email a comment to PublicComment@losaltosca.gov, it is published on the City website in the Council Packet.
In the past, those public comment pages stated, “Individual contact information has been redacted for privacy.” Addresses, email addresses, and phone numbers were blocked out. In August 2023, that statement disappeared. With no prior notification, the City changed its policy and no longer redacts contact information.
You are not required to provide your address or phone number when you send a public comment, just as there’s no requirement to identify yourself in any way when you make a comment at a Council Meeting. However, some people do include their address, for example, to indicate they’re a resident of the City or a particular part of the City.
The City now has the following notice on its website and on all city agendas:
https://www.losaltosca.gov/cityclerk/page/public-comments
"Communications submitted prior to or at the to the City Council meeting are public record and will become part of the City’s electronic records, which are accessible through the City’s website.
Please note: Personal information, such as e-mail addresses, telephone numbers, home addresses, and other contact information are not required to be included with your comments. If this information is included in your email, they will become part of the public record. Redactions and/or edits will not be made to public comments, and the comments will be posted as they are submitted. Please do not include any information in your communication that you do not want to be made public."
What can you do? Keep writing to Council to express your views! Just be aware of how your personal information could be exposed:
A message is only included in the council packet if it is emailed to PublicComment@losaltosca.gov for a specific meeting.
Emails to council@losaltosca.gov or to individual Councilmembers are not included in Council Packets, but may be called up if a public records request (PRA) is made to view emails to/from Council.
All messages are considered public information. The City does not redact any information from any messages.
To protect your privacy, it’s easy to omit private information like an address or phone number, but you can’t send an email without your email address appearing when posted in the council packet.
Depending on your email provider, you may be able to create an additional email account that doesn’t identify you, for example, xyz123@gmail.com. Alternatively, you could create another email account on a different email system, i.e., your current email system is gmail.com, you could also use sbcglobal.net with an unidentifiable email address.
The City recently decided that you are allowed only two means of submitting Public Comments: (1) either appear in person to make a Public Comment which may require staying until very late in the evening or even early into the next morning; or (2) sending an email to PublicComments@losaltosca.gov. Many people choose to send their comments via email due to the inconvenience of having to appear in person at a late hour. Accordingly, residents should be aware that should they opt to send Public Comments via email, their email addresses will be made public.
Federal Appeals Court Decision Interferes with
City's Plans to Ban Gas Appliances
Cities cannot ban gas appliances
In 2019, Berkeley passed a ban on gas-powered appliances as a way to combat climate change. The U.S. Court of Appeals for the Ninth Circuit recently upheld an April 2023 ruling that only the federal government has jurisdiction to enact such bans. http://tinyurl.com/gasbandead
Los Altos, which is in the 9th Circuit district, had the foresight to not include outright bans on gas appliances when it revised its Reach Codes in 2022. Residential dwellings and commercial restaurants may install non-electric (natural gas-fueled) cooking and fireplace appliances if the applicant electrically pre-wires for future electric appliance or equipment installation. http://tinyurl.com/ord2022-487
However, the Environmental Commission and some Council Members are keen to find ways to "work around" this Appeals Court ruling and find ways to disincentivize developers and homeowners from installing gas appliances, for example, by imposing fees. At the January 23, 2024 Council Meeting, Council instructed Staff to look into ways other cities have attempted to "work around" this court ruling.
For more information about how this court ruling affects the City's plans, please see this article in the Los Altos Town Crier: https://www.losaltosonline.com/news/court-gives-los-altos-a-bad-case-of-gas/article_66671aaa-b4d7-11ee-9494-4bd1eebb281a.html
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LAR News Bites, July 9, 2023
LAR Reports on the Downtown Theater Update
presented by the Los Altos Stage Company
On June 30, the Los Altos Community Coalition (LACC) hosted Vicki Reeder and Gary Landis of the Los Altos Stage Company (LASC). They gave an abbreviated version of the Downtown Theater Feasibility Study that was presented at the May 9 council study session.
A video of the LACC meeting is at https://www.youtube.com/watch?v=IrzodAieAlU
Following are some key points we learned:
Genesis of a Downtown Theater:
In 2021, when she was Mayor, Councilmember Neysa Fligor asked Ms. Reeder to create a working group to explore the idea of a downtown theater. Their starting point was the 2018 Downtown Vision Plan, which shows a theater on Parking Plaza 2 behind the Main Street Post Office. Ms. Reeder noted the Vision Plan also includes some kind of parking structure on the plaza.1
With $38,000 from the city, a consultant was hired to do a feasibility study. The result of that effort was a memorandum of understanding with the city to hold Parking Plaza 2 through 2025 for possible theater development.
A resident asked for more information on the survey that was part of the feasibility study, specifically about the criteria for selecting respondents.2 Ms. Reeder said the survey was LASC property and the board would have to decide whether to release it.
Why Not the Bus Barn?
Ms. Reeder advised that she was specifically asked by Council Member Fligor to study a downtown location, so the Bus Barn was not the primary focus. A 1940s-era metal shed, the Bus Barn cannot be renovated. Ms. Reeder claims that its footprint is too small for the proposed 13,000 square foot theater with 160 seats, improved audience amenities, and community programs. And she stressed that the downtown location supports the economic impact of the Downtown Vision Plan. 3
parking
The proposed theater would use available downtown parking - mostly evening and weekend afternoons - and would require 64 parking spots for a full house. Ms. Reeder said she did not think LASC is “horning in” on anybody’s parking space or other use of the area.
When asked who would pay for the garage on the plaza, Ms. Reeder said it’s part of what would be looked at in the next phase. The City is well aware that parking is on everyone’s mind, given all the proposals for other uses of the plazas. LASC will work with the City in its upcoming parking study. Ms. Reeder is looking at the community to weigh in on how to create more parking downtown.
Next Steps
LASC’s next step is a capital campaign analysis to determine whether they can raise $23M to build the theater. Ms. Reeder said they would not ask the City for a financial contribution to the analysis or for construction at this time “to avoid drama.”
Ms. Reeder advised that the City has committed to work collaboratively with LASC including performing engineering studies. A question was raised about the amount of Staff time that would be devoted to the theater project. Anthony Carnesecca, assistant to the City Manager, said there was no budget and no cap on Staff time which has been limited so far.
Notes:
Page 21 of the Downtown Vision:
2 = Underground Parking Structure
12 = Live Theater
13 = Boutique Hotel
2. The survey was distributed by LASC with instructions to “pass the link along to others.” Of 445 respondents, 330 were Los Altos residents.
3. The 2017 economic study included in the Downtown Vision Plan estimated a 190-seat theater - with parking - would generate an additional $1M in downtown sales, increasing restaurant sales by 2.7% and other downtown retail sales by 0.7%. It showed four other development options that would add $1M in new retail sales in the downtown:
a new office building of 66,000 square feet OR
64 new apartments (1,000SF each OR
48 luxury condominiums (2,500SF each) OR
113 new hotel rooms.
In the past six years, many new housing units have been built downtown, increasing property tax revenue to the city as well as sales tax, but the economic analysis has not been updated since 2017.
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LAR News Bites, April 30, 2023
The Sewer Fee Rate Increase
Let’s Clear Up The Confusion
The Los Altos City Council is proposing to raise our Sewer Fee Rates by 116% over the next 5 years. To vote NO to the proposed Sewer Fee Rate increase, you must submit a “hard copy” Letter of Protest by mail (US Postal Service) or by hand-delivery to the City Clerk, no later than the close of the Public Hearing on June 13, 2023. See the sample Letter of Protest below.
Not submitting a Letter of Protest means that you are automatically agreeing to the annual sewer fee rate increases. Again--this is a 116% increase over the next 5 years.
There are No Ballots
Los Altos Residents (LAR) wants to help clarify the confusion about whether residents should expect to receive a ballot to vote on the Sewer Fee Rate increase. You will NOT receive a ballot. Per California law, the City is not required to send out ballots.
Residents received a letter notifying us of the rate increase and providing instructions for protesting this increase.
How to Vote on the Sewer Fee Rate Increase
Because there is no ballot, residents may be confused about how to “vote” on the Sewer Fee Rate Increase. If you want to vote Yes because you agree that the Sewer Fee Rate Increase is warranted, you do not need to do anything. If you wish to vote No because you are against raising the Sewer Fee Rates, you must submit a Letter of Protest.
Here’s a sample Letter of Protest you can use. Note that the fields you must fill-in ("Required Fields") are in bold. Also, you cannot submit by email—letters must be mailed or hand-delivered to the City Clerk.
SAMPLE SEWER RATE INCREASE PROTEST LETTER
(Required Fields In Bold)
To : City Of Los Altos
1 North San Antonio Drive
Los Altos Ca. 94022
(Must be mailed via US Postal Service to arrive before June 13, 2023 or it can be hand-delivered before the close of the Public Hearing on June 13, 2023).
RE: Written Protest- Sewer Fee Rate Increase
To Whom It May Concern:
Please accept this letter as my official protest against the proposed sewer rate increases over the next five years.
Sincerely,
Name______________________________________________________________
(If your property is in a trust, sign as “Your Name, Trustee of the “Fill In Name of Trust.”)
Address___________________________________________________________
Date______________________________________________________________
Signature__________________________________________________________
(If your property is in a trust, sign as “Your Name, Trustee of the “Fill-In Name of Trust.”
Only one letter of protest per parcel.
Again, do not email this Letter of Protest since votes sent by email will not be counted.
Why Increase Sewer Fees?
Finally, residents may also be confused about why Los Altos needs to raise residents’ sewer fees when the City has over $27 Million in its Sewer Fund (see the City Treasurer’s Report below or click on this Link).
City of Los Altos Treasurer’s Report January 2023:
In the March 23, 2023 Q&A on the City website, the City states:
“The sewer fund will pay for the Operation and Maintenance (O&M), minor CIPs, and major CIPs, including any current debt obligations to the Palo Alto Regional Water Quality Control Plant. The RWQCP expected expenditures in 2023/24 are about $4.5 million. Also, the sewer fund will pay for the Operation and Maintenance (O&M) and CIPs for the City of Los Altos.”
If that answer doesn't provide a clear explanation to you regarding why our sewer fees need to be raised, we suggest that you contact our City Council council@losaltosca.gov and/or our City Manager gengeland@losaltosca.gov for more information.
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LAR News Bites April 18, 2023
HOW TO PROTEST SEWER FEE INCREASE
You will have received a notice in the mail from the City proposing a sewer rate increase over the next five years. Your sewer fee, as shown on your property tax bill, would roughly double by 2027/28.
To recap, a) the variable component will rise by 36% next year and then 15% each year for the subsequent 4 years; and b) the fixed component will rise by 13% next year and then 15% each year for the subsequent 4 years.
If you wish to protest this fee increase, you must mail via US Postal Service or hand deliver a letter dated and signed by you as your name appears on the title of your house. This is how the envelope in which the notice was mailed to you was addressed.
If the title to your house is in a trust, you must sign the protest letter with the exact full name of the trust and then your name as a trustee. For example, "The John Doe and Jane Doe Trust, John Doe, Trustee." Jane Doe can also send in a protest letter by signing "The John Doe and Jane Doe Trust, Jane Doe, Trustee."
Mail your letter by June 8 to ensure its timely arrival (it must arrive at City Hall by June 13).
This is an example of a protest letter:
To: City of Los Altos--Office of the City Clerk
RE: Written Protest--Sewer Services Rates
1 North San Antonio Rd.
Los Altos, CA 94022
Dear City Clerk:
This letter constitutes a written protest of the proposed Sewer Service Rates for the below listed property address. I am the owner of record of the below listed property.
Address: _______________________________________
Los Altos, CA ZipCode
Owner Signature:_________________________________
Remember - must match the name as it appears on your title
Owner Printed Name: ______________________________________________
Remember - must match the name as it appears on your title
Date: __________________
Required!
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REACH CODES APPROVED: BANNING GAS APPLIANCES
ALL ELECTRIC - NO EXCEPTIONS!
On April 11, the City Council banned all gas appliances in all new housing units and in houses undergoing major remodels as defined by either
Additions or alterations where greater than fifty (50) percent of the home is added, removed, replaced or relocated for purposes other than a repair or reinforcement.
OR
Additions and alterations having a valuation over $250,000. Note: That is not the dollar amount a homeowner pays a contractor for the remodel, but is based on the city’s calculation of $165/square foot of remodeled space. This city cost/square foot is subject to change and, in fact, will be reconsidered at an upcoming Council Meeting where Council will consider increasing all city fees.
All such remodels would be considered “new construction” and all appliances would have to be electric.
In addition, extension of gas infrastructure, including but not limited to gas infrastructure to support interior or exterior gas appliances, is not permitted.
BUT HOLD ON - US COURT OF APPEALS FOR THE NINTH CIRCUIT JUST RULED THAT CITIES CANNOT BAN GAS APPLIANCES OR GAS HOOK UPS
On Monday, April 17, in the case California Restaurant Association v. City of Berkeley, a three-judge panel of the US Federal Court of Appeals for the Ninth Circuit ruled that the Energy Policy and Conservation Act of 1975 passed by Congress “expressly preempts State and local regulations concerning the energy use of many natural gas appliances, including those used in household and restaurant kitchens.” “Instead of directly banning those appliances in new buildings,” the ruling states, “Berkeley took a more circuitous route to the same result and enacted a building code that prohibits natural gas piping into those buildings, rendering the gas appliances useless.” This decision is likely to be appealed, ultimately it may be appealed to the US Supreme Court.
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COUNCIL APPROVES LOS ALTOS OUTDOOR DINING PROGRAM
On April 11, the City Council approved both sidewalk and parklet outdoor dining for restaurants. On Main Street, a parklet can occupy up to five angled parking spaces and on State Street three parallel spaces. Restaurant owners will pay a $500 application fee and $3 per square foot, per year.
Parklets must follow a uniform design provided by the city. Propane heaters are allowed if they meet county fire code. Restaurants buying into the program must notify the city in October and start construction of their new compliant parklet by January 2, 2024. Restaurants that choose not to continue under the new outdoor dining program must start demolition of existing parklets by January 2, 2024.
This is an example of the kind of concrete barrier all parklets will be required to use:
LAR News Bites, April 7, 2023
Reach Codes, Parklets, Housing Element Rejected, Sewer Fee Increase
REACH CODES: BANNING GAS APPLIANCES
The Los Altos City Council will take up Reach Codes again at its April 11th Council Meeting. What exactly they will be considering is unknown to the public at this point. The City's web posting advises that the details (agenda packet) won't be posted until on or before Friday, April 7th. LAR will update you with the details as soon as the Council makes them public.
https://meetings.municode.com/adaHtmlDocument/index?cc=LOSALTOSCA&me=232a9e691f3943a2884f0cb06eb360b0&ip=True
· 6.Los Altos Reach Codes Update: Introduce and Waive further reading of Ordinance No. 2023-XX to Amend Los Altos Municipal Code, Chapter 12.22 “Energy Code” and Chapter 12.26 “Green Building Code” (T. Katbi)
Report forthcoming.pdf (0.12 MB)
On May 15th, the Bay Area Air Quality Management District (BAAQMD) voted to adopt the most stringent plan in the country to phase out gas-powered water heaters and furnaces. New rules apply in 2027 for water heaters and 2029 for furnaces. Homeowners would have to switch when existing appliances break and can’t be repaired. Regulations do not apply to gas stoves and ovens.
The goal of the ban is to reduce harmful NOx (nitric oxide and nitrogen dioxide) generated by gas appliances. However, the impact to air quality will be small, since residential heating accounts for only about 6.1% of all NOx emissions, most of which come from industry and commercial transportation.
Concerns were raised about conversion costs.
BAAMQD presented data from a 2021 Lawrence Berkeley Lab study showing the average cost of electric heat pumps at $8,030 – almost $3,000 more than a gas furnace – and $2,820 for an electric water heater. Average installation costs for gas appliances were $5,096 for a gas furnace and $1,972 for a gas water heater.
Some questioned those numbers, citing inflation and noting the study averaged costs over 15 states, while costs are generally higher in the Bay Area. People also worried they might go for days or weeks without heat and hot water during conversion. There were also questions about PGE’s ability to handle increased demands for electricity.
Information about conversion rebates can be found at https://svcleanenergy.org/home-rebates/ .
Note that the BAAQMD mandate reaches farther than current Los Altos Reach Codes, which only require electric appliances in new construction and major remodels.
What you can do:
Attend the April 11th City Council Meeting. Let the Council know what your preferences are regarding electrification by emailing your Reach Code comments to City Council: publiccomment@losaltosca.gov
Attend Los Altos City Council Study Sessions and Council Meeting dealing with new Reach Codes for Los Altos. LAR will provide you with notice of these meetings.
In the meantime, you can contact your BAAQMD county representatives and provide your input regarding electrification:
· County Supervisor Otto Lee Supervisor.Lee@bos.sccgov.org
· Mountain View Councilmember Margaret Age-Koga Margaret.Abe-Koga@mountainview.gov
· Palo Alto Councilmember Vicki Veenker Vicki.Veenker@CityofPaloAlto.org
· Campbell Councilmember Sergio Lopez sergiol@campbellca.gov
NEW PROGRAM FOR OUTDOOR DINING/PARKLETS
At its April 11th Council Meeting, Council will take up the new “Los Altos Outdoor Dining Program.” Again, the public cannot learn what the Council will be considering until the details (agenda packet) is posted which the City advises won't be until on or before Friday, April 7th. LAR will update you with the details as soon as the Council makes them public.
https://meetings.municode.com/adaHtmlDocument/index?cc=LOSALTOSCA&me=232a9e691f3943a2884f0cb06eb360b0&ip=True
7.Outdoor Dining Program: Extend the current COVID parklet program, adopt the City of Los Altos Resolution No. 2023-XX to amend the Los Altos Parklet Program, adopt the City of Los Altos Resolution No. 2023-XX to establish the Los Altos Sidewalk Dining Program, and adopt the City of Los Altos Resolution No. 2023-XX to amend the Los Altos Outdoor Display Program. (A. Carnesecca)
Report forthcoming.pdf (0.12 MB)
Council is considering a new “Los Altos Outdoor Dining Program” to allow restaurants to use public sidewalks and parking spaces for dining. It would update design, health and safety regulations and set fees for participating restaurants.
The City’s 20 downtown restaurant parklets were approved under a COVID Parklet Program in 2020. At a January 23rd study session, Council heard a proposal for a new long-term program that would improve on current shortcomings by
· Creating adequate road distance for emergency vehicles
· Protecting diners with concrete barriers and metal railings
· Prohibiting canopies for fire code compliance
· Requiring wood platform structures that meet sidewalk grade
· Limiting parklet size to the greater of (1) all parking stalls within primary building frontage or (2) four angular parking stalls on Main Street or two parallel stalls on State Street. Annual fee would be $3/square foot. If operational expenses exceed proposed fees, the general fund would be used to cover excess expenses.
· Inspecting premises to ensure maintenance and compliance with code requirements
For more details on the proposed plans see:
https://tinyurl.com/LAParkletGuide
https://tinyurl.com/LASidewalkDine
https://tinyurl.com/LAOutdoorDisplay
March 22, 2023 LAR’s Questions about Parklets / Anthony Carnesecca, Assistant to the City Manager, Answers
1.Question: Is the building owner’s permission required in order for the restaurant owner to obtain a parklet agreement with the city.
Answer: Yes.
2.Question: In the event of an injury that occurs on a parklet, is the city potentially liable for damages? Is the building owner potentially liable?
Answer: Businesses will be required to have insurance and an agreement that indemnifies the City.
3.Question: Does the building owner have any responsibility for the parklet’s compliance with all applicable regulations/ordinances that apply to parklets?
Answer: The business owner will have the ultimate responsibility for compliance.
4.Question: How many parklets currently exist in Downtown Los Altos?
Answer: 20
5.Question: How many are just on the sidewalk?
Answer: We have a number of businesses that have only sidewalk dining or a- frame signs governed by the Outdoor Display Permit Program, but there are no parklets that exist only on the sidewalk.
6.Question: How many are only in parking spaces?
Answer: 6
7.Question: How many are on both sidewalk and parking spaces?
Answer: 14
8.Question: Does the city negotiate parklet leases/rentals with the restaurant owner or the building owner or both? Please describe what role the building owner has in the establishment of a parklet.
Answer: The City will sign a uniform parklet agreement with the business owner installing the parklet. The business owner will be required to receive approval from the property owner on the application.
9.Question: Do the adjacent retail business owners have to agree to the parklet? What happens if one objects?
Answer: A neighboring business owner approval will be required only if the parklet occupies a parking stall that does not have any portion within the applicant’s frontage.
10.Question: How many parking spaces do the current parklets take up?
Answer: 71
11.Question: The original pilot plan for parklets restricted their placement. It now appears that every restaurant that wants to have a parklet is entitled to have a parklet. Does the city have any plans for parking in the event that most of the parking spaces on Main Street and State Street are lost to parklets?
Answer: ThePilot Parklet Program in 2019 pre-pandemic did restrict placement and quantity because it was trial program, but the Permanent Parklet Program adopted in 2021 that we are looking to revise did not restrict their placement. Furthermore, the City will be conducting a comprehensive parking plan this year for downtown. At this point in time, we have returned to standard business operations downtown post-pandemic and have not had significant parking issues.
What you can do:
Attend the April 11th City Council Meeting. Email comments and questions to City Council: council@losaltosca.gov
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HCD REJECTS LOS ALTOS HOUSING ELEMENT
In a March 30, 2023 to Nick Zornes, the City of Los Altos Director of Development Services, the California Department of Housing and Community Development (HCD) rejected the Los Altos Housing Element. Stay tuned for the City's announcement of this development and its plans to address HCD's concerns.
To read HCD's letter with its detailed description of the deficiencies of our Housing Element, click on this
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SEWER FEE INCREASE
One of the line items on your property tax bill is a sewer fee. Council is considering an increase that would gradually raise the current annual fee for single-family homes from $562.65 to $1,219.74 in 2027/28.
Los Altos Municipal Code authorizes the City to impose sewer service charges to fund the City's sanitary sewer system. Costs include operations and maintenance plus debt obligations to the Regional Water Quality Control Plant in Palo Alto where our sewage is processed. Service charges are “property-related fees,” not taxes. Thus, an increase does not require a vote, but rather a “protest ballot” per Prop 218. https://tinyurl.com/LAprop218
Council will hold a public hearing on June 13, 2023. At least 45 days prior, notice will be sent through US Mail to all customers, who have the option to protest the increase. If a majority of 50%+1 protest, the City will have to take over $21M from the general fund to meet contractual and other legal obligations. Otherwise, the city could be sued and would not be able to discharge sewage into the treatment plant.
If there is no majority protest, new rates would go into effect July 1, 2023.
What you can do:
Email comments and questions to City Council: council@losaltosca.gov