HomeMy WebLinkAbout09/17/2020Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, September 17, 2020
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
Via teleconference according to the Governor's Executive Order N-29-20, Mayor Wu called the
City Council Regular Meeting to order at 6:03 p.m.
CALL TO ORDER (6:00 P.M.)
A. Roll Call
B. Pledge of Allegiance
Present: Mayor Wu, Vice Mayor Tankha, Councilmember Corrigan, Councilmember
Spreen, Councilmember Tyson
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning/Building
Director Zachary Dahl, City Engineer/Public Works Director Nichol Bowersox,
Administrative Services Director Sarina Revillar, Management Analyst Cody
Einfalt, City Clerk Deborah Padovan
1. AGENDA REVIEW
The Council requested that Item 7.13 be considered first.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
B. Report by the Fire Audit Ad Hoc Committee and Recommended Action by the Town
with Regard to the Proposed Consolidation of the Los Altos Hills County Fire District
(Vice Mayor Tankha and Councilmember Corrigan)
City Manager Carl Cahill presented the staff report and said the recommendation of the
ad hoc committee is to send a letter to the Santa Clara County Board of Supervisors
opposing the suspension of delegated authority and consolidation of the Los Altos His
Hills County Fire District (LAHCFD) and express an open-ness to a more regional
approach to fire protection services that reserves a measure of meaningful local control.
Supervisor Joe Simitian said that the fire district is a dependent district, it is a special
district, but not independent. It receives delegation from the County. He offered to
answer any questions the Council had regarding process.
Council asked questions of Supervisor Simitian and received his responses. He
reminded everyone to stay positive and respectful despite strongly held feelings; to
deliver the message in a positive and respectful tone. He encouraged residents to
participate, be in touch, and be part of the process.
City Council Regular Meeting Minutes
September 17, 2020
Councilmember Tyson expressed his gratitude to Supervisor Simitian who has guided
us every step of the way and said "we have received careful and wise coaching."
Public Comment:
Rick Ellinger, Los Altos Hills, said he has been engaged in emergency services since
1985 and would request that the Town augment the staff report to include that Los Altos
Hills is unique. Numerous neighborhoods which are choke points for evacuation require
enhanced public safety and a CERT program.
Anne DeGheest, Los Altos Hills, said that she manages an emergency response team of
45 households and believes this is a land grab. She opposes the recommendation of
consolidation.
Bob Molinari, Los Altos Hills, values the services of the district for brush trimming and
chipping.
Robert Sandor, Los Altos Hills, would like to hear what the Council is doing in terms of
an alternative to County services.
Martha Bowden, Los Altos Hills, said the Liddicoat fire was 100 yards from her
home. She asked, "what district would the fire district be merged with? It appears to be
the south county, which is very far away." The Town needs to modify ordinances that
are in place as to landscaping plans not allowing trees close to the house.
Jim Basiji, Los Altos Hills, said the Town needs specific wildfire preparedness. The
CZU fire was a very close call, only 8 miles from his home.
Jitze Couperus, Los Altos Hills, said the fire district is small, but nimble, and can make
decisions much faster than the County Board of Supervisors.
Phil Mahoney, Los Altos Hills, thanked Supervisor Simitian for his tireless work and
said he did a great job in the County's Housing, Land Use, Environment and
Transportation Committee (HLUET) meeting. We all have a lot of work to do, we need
to pull together and have other supervisors enlightened to the issue. He expressed that it
is time for the council to get serious about fire.
Neal Mielke, Los Altos Hills, thanked Supervisor Simitian as he was masterful
throughout this process - especially in this meeting. He asked: what can we do to further
our cause for the October 6th meeting? The petition has been circulating. Should we
continue to gather more signatures? Would it be helpful and feasible that we try to get
support from neighboring communities and their City Councils?
Supervisor Simitian responded that if we want to ensure that the comments are heard,
the community must speak up. It is important that residents share your concerns and if
your desire is to avoid the revocation of authority and consolidation, on October 6th you
need to say so.
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Dru Anderson, Los Altos Hills, said for the last 26 years, she has volunteered for the
Town for emergency services. Her neighborhood ran a drill this last Sunday on
evacuation which worked quite well. We all work together as best we can to keep our
community fire safe. She expressed appreciation of Supervisor Simitian's assistance
with this matter.
Eleanor Wong, Los Altos Hills, asked if other fire districts are being considered for
consolidation. Supervisor Simitian replied the recommendation in the LAHCFD audit
was to suspend the delegation of authority due to capital projects that were
undertaken. Since that issue was no longer pending and since the district had agreed to
all six of the substantive recommendations in the audit, the seventh recommendation
suspending authority should be voted against.
Eduardo Arias, Los Altos Hills, would like to have the fire district work with the Town
as well as we work with them. Putting together a CERT meeting that helps the
community in terms of fire prevention. He thanked Supervisor Simitian and wants to
work with everyone.
Aanand Raganathan, Los Altos Hills, asked, "what is our backup plan in case all of this
goes the wrong way? What is plan B?"
Maria Caffey, Los Altos Hills, said that Los Altos Hills is unique in that the Town is
divided by 280, and Caltrans have only cut the weeds once in 40 years; they are
notoriously unsupported and have created a real fire hazard many times. This unique
situation needs to be addressed.
City Attorney Steve Mattas stated there are other options available to the Town if the
consolidation option proceeds. LAFCO must approve the consolidation and there are
options that could be considered regarding subsidiary district and service areas could be
considered. Alternatives and legal options could be considered. They are not all
completely within control of the Town.
Council discussion ensued.
Vice Mayor Tankha suggested that a Councilmember be designated to speak at the
Board of Supervisors meeting on behalf of the Council. She asked that funds be allocated
to send a postcard to unincorporated area residents.
Mayor Wu attended the HLUET meeting and was very impressed by Supervisor
Simitian and thanked him for his logical, reasonable deliberation.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint
Councilmember Tyson as the Council's spokesperson for all matters related to this topic
and prepare a strongly worded letter on behalf of the City Council expressing concerns about
the consolidation. The motion was seconded by Vice Mayor Tankha.
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MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
MOTION MADE AND SECONDED: Vice Mayor Tankha moved to reject the proposal
of the Santa Clara County Board of Supervisors regarding consolidation of the Los Altos
Hills County Fire District with central fire and proposed suspension of delegated authority
of the commission. The motion was seconded by Councilmember Corrigan.
MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
Councilmember Tyson said that he accepts the responsibility with great seriousness.
2. PRESENTATIONS AND APPOINTMENTS
A. Reappointment to the Los Altos Hills Environmental Initiatives Committee
City Clerk Deborah Padovan presented the reappointment application of April Anair.
MOTION MADE AND SECONDED: Vice Mayor Tanhka moved to appoint April
Anair to the Los Altos Hills Environmental Initiatives Committee for a third, four-year
term. The motion was seconded by Councilmember Tyson.
MOTION PASSED 3-2:
AYES:
Wu, Tankha, Tyson
NOES:
Corrigan, Spreen
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
B. Appointment to the Los Altos/Los Altos Hills Library Commission
City Clerk Padovan presented the application of Reginia Chan.
Ms. Chan introduced herself to the City Council and expressed an interest in serving on the
commission.
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MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint
Reginia Chan to the Los Altos/Los Altos Hills Library Commission for a four-year
term. The motion was seconded by Councilmember Tyson.
MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
C. Appointment to the Los Altos Hills Parks and Recreation Committee
City Clerk Padovan presented the application of Boxia Schmidt.
Boxia Schmidt, Los Altos Hills, introduced herself and expressed an interest in serving on
the Parks and Recreation Committee.
MOTION MADE AND SECONDED: Councilmember Spreen moved to appoint
Boxia Schmidt to the Los Altos Hills Parks and Recreation Committee for a four-year
term. The motion was seconded by Councilmember Corrigan.
MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
D. Appointment to the Los Altos Hills Environmental Design and Protection Committee
City Clerk Padovan presented the application of Phil Mahoney.
Phil Mahoney, Los Altos Hills introduced himself to the council and expressed an interest
in serving on the committee.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint
Phil Mahoney to the Los Altos Hills Environmental Design and Protection Committee
for a four-year term. The motion was seconded by Vice Mayor Tankha.
MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
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E. Appointment to the Los Altos Hills Public Art Committee
This item was not considered and continued to the October meeting.
F. Appointment to the Los Altos Hills Youth Commission
This item was not considered and continued to the October meeting.
G. Presentation of the Regional Water Quality Control Plant Master Plan Capital
Improvement Project and Budget Updates by the City of Palo Alto
James Allan, City of Palo Alto, presented the Regional Water Quality Control
Master Plan CIP and budget update. Karin North, City of Palo Alto provided
information about the treated effluent transfer agreement with the City of Palo Alto.
The presentation was received. No action was taken.
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.
Jitze Couperus, Los Altos Hills, expressed the History Committee's thanks for the
recent revival of the historic farm equipment.
Robert Sandor, Los Altos Hills, asked about the tree policy. He loves trees but does not
want them regulated by the Town.
Jim Waschura, Los Altos Hills, read his comments into the record regarding fire safety,
communication, and the proposed tree ordinance.
Councilmember Corrigan asked that this topic of fire safety and communication be
agendized for October. Her request was supported by the City Council.
Rebecca Hickman, Los Altos Hills, thanked the Council and Councilmember Spreen for
the support of the Parks and Recreation Committee. She voiced concerns about the
committee and its members. She suggested that Council review and evaluate the
workings of the committee to accept a more positive engaging environment.
Nina Sutaria, Los Altos Hills, spoke about the wildfire risk facing our community and
the La Paloma/Robleda pathway, and asked that the Council open the pathway.
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4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Councilmember Corrigan moved to approve
the CONSENT CALENDAR with the exceptions of items #4.D and 4.E
(Councilmember Corrigan and Vice Mayor Tankha both recused themselves from
voting on Item #4.F). The motion was seconded by Vice Mayor Tankha.
MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
Councilmember Corrigan & Vice Mayor Tankha on 4.F
ABSENT:
None
A. Approval of Regular City Council Meeting Minutes July 16, 2020
B. Review of Disbursements: August 1-31, 2020 $1,144,007.76
C. Biennial Review of the Town's Conflict of Interest Code (Staff. D. Padovan)
D. Proclamation Declaring September 17-23 Constitution Week (Staff. D. Padovan)
E. Authorize the Mayor to Sign the Bay Area Air Quality Management Control
District's "Cut the Commute" Pledge (Staff: D. Padovan)
F. Adoption (Second Reading) of Ordinance 591 amending Article 14 of the Zoning
Code (Accessory Dwelling Units) in Chapter 1 of Title 10 of the Los Altos Hills
Municipal Code, to update site standards and development requirements to address
comments from the Department of Housing and Community Development. (Staff. Z.
Dahl) Motion to Waive Reading and Adopt the Ordinance
G. Receive Quarterly Investment Portfolio Report -Quarter Ending June 30, 2020 (Staff:
S. Revillar)
H. Resolution 51-20 Approving a Grant of an Open Space Easement; Lands of Ho and
Yang; 10842 West Loyola Drive; File #117 -16 -CDP (Staff. S. Padovan)
I. Request by the History Committee to Host and Advertise a Virtual Meeting for their
Annual Fall Presentation on the Tales of Page Mill Road (History Committee)
The Council now considered Items 4.1) and 4.E.
D. Proclamation Declaring September 17-23 Constitution Week (Staff D. Padovan)
Councilmember Corrigan pulled this item to determine who requested the
proclamation.
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City Clerk Padovan responded that resident Donna Santistevan with Daughters of the
American Revolution, Los Altos Chapter made the request and she was not present at the
meeting.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Tankha moved to approve the
Proclamation Declaring September 17-23 Constitution Week. The motion was seconded by
Councilmember Tyson.
MOTION PASSED 3-1-1:
AYES:
Tankha, Spreen, Tyson
NOES:
Wu
ABSTAIN:
Corrigan
RECUSE:
None
ABSENT:
None
E. Authorize the Mayor to Sign the Bay Area Air Quality Management Control District's
"Cut the Commute" Pledge (Staff: D. Padovan)
Councilmember Corrigan pulled the item as it should be noted that Town staff has been
in the office throughout this pandemic for the benefit of the residents.
Mayor Wu said this request to add the item to the agenda was from Councilmember
Tyson and based on the Cities Association vote.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Tyson moved to authorize the
Mayor to Sign the Bay Area Air Quality Management Control District's "Cut the Commute"
Pledge. The motion was seconded by Mayor Wu.
MOTION PASSED 3-2:
AYES:
Wu, Tankha, Tyson
NOES:
Corrigan, Spreen
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
5. ONGOING BUSINESS
A. Resolution to Award the Architectural Design Services Contract for Phase 2 of the
Town Hall Addition Project to Noll & Tam Architects, Inc. in an amount not to
exceed $240,000 (Staff. Z. Dahl)
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As Mayor Wu lives within 500 feet of Town Hall, she recused herself from this item,
turned the meeting over to Vice Mayor Tankha, and left the teleconference.
Planning Director Zach Dahl presented the staff report.
Representatives from Noll & Tam Architects presented samples of current projects.
Council asked questions of Director Dahl and received his responses.
Public Comment
Robert Sandor, Los Altos Hills, said to stop the Town Hall addition.
Allan Epstein, Los Altos Hills, was not in support of the Town Hall addition.
Linda Swan, Los Altos Hills, was not in support of the Town Hall addition.
Jim Waschura, Los Altos Hills, provided an alternate viewpoint, and said some of
the issues faced in the past has been the result of turnover in our staff.
Anand Ranganathan, Los Altos Hills, was not in support of the Town Hall
addition.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Spreen moved to adopt
Resolution 52-20 to Award the Architectural Design Services Contract for Phase 2 of
the Town Hall Addition Project to Noll & Tam Architects, Inc. in an amount not to
exceed $240,000. The motion was seconded by Councilmember Corrigan.
MOTION PASSED 3-1-1:
AYES: Corrigan, Spreen, Tyson
NOES: Tankha
ABSTAIN:
None
RECUSE:
Wu
ABSENT:
None
The Council now considered Item 6.B
6. NEW BUSINESS
B. Resolution Approving an Agreement for Isolation and Quarantine Program between
Town of Los Altos Hills and Santa Clara County in the amount of $25,270 for the
Benefit of Los Altos Hills Residents (Staff: S. Revillar)
Administrative Services Director Sarina Revillar presented the staff report.
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Ky Le, Santa Clara County Deputy Executive, provided an overview of the matter. He
explained that the purpose of the program is to help Santa Clara County/Los Altos Hills
residents who have tested positive for Covid-19 or have had close contact with someone
who tested positive. It allows them to stay in a motel for as long as needed. The program
is part of the County's Covid-19 response strategy.
The Council asked questions of Mr. Le and received his responses.
Public Comment
Robert Sandor, Los Altos Hills, was not in support of the program. He doesn't trust the
County and doesn't see the need.
City Clerk Deborah Padovan read the public comment of resident Maria Caffey into
the record. Mr. Caffey was not in support of the proposal.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to adopt
Resolution 5213-20 Approving an Agreement for Isolation and Quarantine Program
between Town of Los Altos Hills and Santa Clara County limited to the time period of
September to December 31, 2020 at the cost of $500 per month to help with the resource
center for the benefit of Los Altos Hills Residents. The motion was seconded by
Councilmember Tyson.
MOTION PASSED 5-0:
AYES:
Wu, Tankha, Corrigan, Spreen, Tyson
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
A. Resolution Authorizing the City Manager to Enter into an Agreement with the City of
San Jose for COVID-19 Food Distribution in an amount not to exceed $34,000 for the
Benefit of Los Altos Hills Residents (Staff. S. Revillar)
MOTION MADE AND SECONDED: Councilmember Spreen moved to continue the
meeting past 10 p.m. The motion was seconded by Councilmember Corrigan.
MOTION PASSED 5-0:
AYES: Wu, Tankha, Corrigan, Spreen, Tyson
NOES: None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
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Director Revillar presented the staff report.
Councilmember Corrigan disclosed that her sister-in-law is a board member of
World Central Kitchen, which is a supplier for the City of San Jose's food
distribution program.
Council discussion ensued.
Public Comment:
Robert Sandor, Los Altos Hills, said that he doesn't see that many people in Los
Altos Hills needing meals.
MOTION MADE AND SECONDED: Councilmember Spreen moved to adopt
Resolution 52A-20 Authorizing the City Manager to Enter into an Agreement with
the City of San Jose for COVID-19 Food Distribution in an amount not to exceed
$34,000 for the Benefit of Los Altos Hills Residents. The motion was seconded by
Councilmember Tyson.
MOTION PASSED 4-0-1:
AYES: Wu, Tankha, Spreen, Tyson
NOES: None
ABSTAIN:
Corrigan
RECUSE:
None
ABSENT:
None
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Councilmember Tyson)
Councilmember Tyson reported that staff created a request for proposals for
undergrounding at the El Monte location and two proposals have been received. There
will be more to report in the future regarding undergrounding for the townwide
project. No action was taken.
C. Status Reports from All Councilmembers on Outside Agencies Activities
Councilmember Roger Spreen presented a report on the Committee Review
Subcommittee and outlined some actions by a committee member violating the code
of conduct.
City Attorney Mattas advised the Mayor not to open the discussion to public
comment, but the Council could discuss for further action.
Council discussion ensued. There was Council consensus to schedule a special
meeting to discuss this topic for further discussion.
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The City Attorney said that a minimum of 24 hours advance notice is required for a
special meeting.
The Council agreed to call a special meeting for Wednesday, September 23, 2020 at
2:00 p.m. to discuss this topic.
Mayor Wu presented a report on the activities of the Cities Association.
8. STAFF REPORTS
A. City Manager — Status of Covid-19 County Health Order — No report as the Covid-19
items were discussed earlier in the meeting.
B. City Attorney — No report.
C. City Clerk
City Clerk Padovan reported that the volunteer dinner has been cancelled due to the
Covid-19 restrictions. However, we do still have a thank you gift planned for
committee members.
D. Planning/Building Director
Planning Director Dahl discussed air quality and suspended building inspections.
E. Administrative Services Director
Director Revillar provided an update on the deposits. Will complete the unresolved
deposits by December
F. Public Works Director — Report on Creek Maintenance Responsibilities
Public Works Director Nichol Bowersox presented information on wildfire impacts
and how it relates to creek maintenance
9. COUNCIL INITIATED ITEMS
There were no Council Initiated items.
10. ADJOURN
The meeting adjourned at 10:38 p.m.
Respectfully submitted,
Deborah L. Padovan
Deborah Padovan
City Clerk
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The minutes of the September 17, 2020 regular City Council meeting were approved as presented
at the November 19, 2020 regular City Council meeting.
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