HomeMy WebLinkAbout04/15/2021 (2)Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, April 15, 2021
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
Via teleconference according to the Governor's Executive Order N-29-20, Mayor Tankha called
the City Council Regular Meeting to order at 6:16 p.m.
Present: Mayor Tankha, Vice Mayor Tyson, Councilmember Mok, Councilmember
Schmidt, Councilmember Swan
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning/Building
Director/Interim Engineering Services Manager Zachary Dahl, Administrative
Services Director Sarina Revillar, Community Services Supervisor Sarah
Robustelli, Assistant Engineer Christine Hoffman, Management Analyst Cody
Einfalt, City Clerk Deborah Padovan
AGENDA REVIEW
2. APPOINTMENTS AND PRESENTATIONS
A. Appointment to the Los Altos Hills Parks and Recreation Committee
City Clerk Deborah Padovan presented the application of Kejun (Ben) Xu.
Ben Xu, Los Altos Hills, introduced himself to the City Council and expressed an interest in
serving on the committee.
The Council asked questions of Mr. Xu and received his responses.
MOTION MADE AND SECONDED: Mayor Tankha moved to appoint Kejun
(Ben) Xu to the Los Altos Hills Parks and Recreation Committee for a four-year term.
The motion was seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES:
Tankha, Tyson, Mok, Schmidt, Swan
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
B. Presentation by Community Health Awareness Council (CHAC)
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Marsha Deslauriers, Executive Director of CHAC provided the City Council with an
update on the activities of CHAC.
Council discussion ensued. 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.
Robert Sandor, Los Altos Hills, said the City Manager has created a toxic work
environment and discussed recent staff turnover and the tractor port item. He advised the
Council not to approve the resolution approving the tractor port.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Councilmember Mok moved to approve the
CONSENT CALENDAR with the exception of Items 4.13 and 4.11. The motion was
seconded by Councilmember Swan.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
A. Approval of Special City Council Meeting Minutes: March 18, 2021
B. Approval of Regular City Council Meeting Minutes: March 18, 2021
Councilmember Swan said she wanted the two goal setting items (the green sheets and
review of the town hall expansion) included in the City Council goals.
Council discussion ensued.
City Attorney Mattas said that Councilmember Swan raised both issues during her
comments at the March 18th meeting. However, when the vote took place, the two items
were not included. She is asking them to be included now. He advised that it is a policy
determination to be decided by the City Council.
MOTION MADE AND SECONDED: Councilmember Swan moved to approve the
Regular City Council Meeting Minutes of March 18, 2021 as amended to include the two
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items requested by Councilmember Swan. The motion was seconded by Councilmember
Mok.
MOTION FAILED 2-3:
AYES:
Mok, Swan
NOES:
Tankha, Tyson, Schmidt
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to approve the Regular City
Council Meeting Minutes of March 18, 2021 as presented. The motion was seconded by
Councilmember Schmidt.
MOTION PASSED 3-2:
AYES:
Tankha, Tyson, Schmidt
NOES:
Mok, Swan
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
C. Review of Disbursements: February 1-28, 2021 $705,504.75
D. Review of Disbursements: March 1-31, 2021 $1,325,084.48
E. Resolution 19-21 of the City Council of the Town of Los Altos Hills Condemning
Anti -Asian Hate and Violence (Staff. D. Padovan)
F. Request by the Community Relations Committee for Approval of Budget for a TEDx
Event (Community Relations Committee)
G. Notification of Fast Track Approval: 25900 Springhill Drive; File #SD20-0082;
Lands of Goel; Site Development Permit for a 436 square -foot first floor addition and
a new 552 square -foot second floor addition to an existing 3,333 square -foot, one-
story single-family dwelling. CEQA review: Categorical Exemption per Section
15301(e); (Staff. Z. Dahl/K. Yost) Appeal Deadline: Thursday, April 22, 2021 at
5.00 p.m.
H. Resolution Accepting the Public Works Corporation Yard Tractor Port Project as
Complete (Staff. C. Cahill)
Councilmember Swan pulled the item and said she thought the matter needed to be
examined in more detail.
City Manager Cahill presented the staff report. He said that he was changing his
recommendation and was not seeking approval, just that the City Council receive the
report.
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Council discussion ensued regarding policies and procedures going forward. All
projects that have a cost of $25,000 or more must come to the City Council and not be
done in a piecemeal manner.
MOTION MADE AND SECONDED: Councilmember Swan moved to reprimand
the City Manager for not getting prior Council approval and not following city
procedures and possibly creating a huge mess. The motion was seconded by
Councilmember Mok.
City Attorney Mattas said that the topic to reprimand the City Manager is not on the
agenda and the Council would have to separately agendize that for any consideration
of action. The only action the Council could take at this time is to consider accepting
the report. Alternatively, the Council could continue the item to another meeting, but
either action would require a majority vote of the City Council
Public Comment
Allan Epstein, Los Altos Hills, said there are a couple of policy related issues that do
need to be addressed. He thinks the municipal code should be clarified as it relates to
purchasing authority for a single project.
Mayor Tankha suggested bringing back to the Council a clarification of the
municipal code and budget policy considerations.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to accept
the report. The motion was seconded by Vice Mayor Tyson.
MOTION PASSED 3-1-1:
AYES: Tankha, Tyson, Schmidt
NOES: Swan
ABSTAIN:
Mok
RECUSE:
None
ABSENT:
None
5. ONGOING BUSINESS
A. Resolution Authorizing the City Manager to Negotiate and Enter Into an Agreement
with Flock Safety for Forty (40) Automatic License Plate Reader (ALPR) Cameras
not to exceed $120,000.00 Annually and Appropriate $120,000.00 from the
Unreserved General Fund in Fiscal Year 2020-2021 for ALPR Expenses (Staff: C.
Einfalt)
Management Analyst Cody Einfalt presented the staff report.
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Council discussion ensued.
Public Comment
Robert Sandor, Los Altos Hills, said that before any money is spent, the Council
should have a data policy in place with the County.
Rajiv Bhateja, Los Altos Hills, said he appreciated the Council moving quickly. The
interior cameras were added at the request of the sheriff. He said the Council should
contact the Board of Supervisors to support our requests. The Council should be
aware that this could include an additional cost from the sheriff.
Jim Waschura, Los Altos Hills, said the privacy issues do not seem to be addressed
fully to reflect how important they are to the residents. Reluctantly he is in favor of
the proposal.
Anand Ranganathan, Los Altos Hills, said the committee who selected the cameras
was not made public and public input should be required. He suggested there was a
Brown Act violation.
City Manager Carl Cahill replied and said there was no formal committee. He said
that residents helped Town staff gather data, understand the intricacies of the contract,
and they also interviewed other cities.
City Attorney Mattas said the group would not have required noticed meetings and
the Council has considered the policy and the contract at open, public meetings,
where the Council has taken extensive input on it.
Essy Stone, Los Altos Hills, she is against the cameras as the crime rate in Town is
really low and there is not a lot of evidence that they work. The message is pretty
unwelcoming.
Ameesh Divatia, Los Altos Hills, said data privacy is in the adopted ALPR policy
and checks and balances are in place for reviewing the data.
John Swan, Los Altos Hills, said this is a perfect example where residents identified
an issue, came forward, and found a solution. This is a classic example where
residents come forward with an issue and are proactive.
Shyamoli Banerjee, Los Altos Hills, assured Ms. Stone said that the cameras will
only capture scanned license plates. She said that she supports the cameras and
thanked the Council for moving on it quickly.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to adopt
Resolution 20-21 Authorizing the City Manager to Negotiate and Enter Into an
City Council Regular Meeting Minutes
April 15, 2021
Agreement with Flock Safety for Forty (40) Automatic License Plate Reader (ALPR)
Cameras not to exceed $120,000.00 Annually and Appropriate $120,000.00 from the
Unreserved General Fund in Fiscal Year 2020-2021 for ALPR Expenses; with the
understanding that the Town will bring back an ordinance addressing penalties in the
case of improper use. The motion was seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES:
Tankha, Tyson, Mok, Schmidt, Swan
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
B. Resolution Authorizing the City Manager to Execute the Third Amendment to the
Maintenance Services Agreement Between the Town of Los Altos Hills and West
Bay Sanitary District for Operation and Maintenance of Los Altos Hills Sanitary
Sewer System (Staff. J. Chen/Z. Dahl)
Planning Director Zach Dahl presented the staff report.
Council discussion ensued.
Wan Chan, Los Altos Hills, asked about the resolution on Asian hate. The Mayor
explained the entire Council supported the resolution and it was passed earlier in the
meeting.
Allan Epstein, Los Altos Hills, said West Bay does an excellent job for the Town,
but from time to time we should look around to review pricing from other companies.
MOTION MADE AND SECONDED: Councilmember Mok moved to adopt
Resolution 21-21 Authorizing the City Manager to Execute the Third Amendment to
the Maintenance Services Agreement Between the Town of Los Altos Hills and West
Bay Sanitary District for Operation and Maintenance of Los Altos Hills Sanitary
Sewer System. The motion was seconded by Vice Mayor Tyson.
MOTION PASSED 5-0:
AYES:
Tankha, Tyson, Mok, Schmidt, Swan
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
C. Resolution Awarding a Contract for the Construction of the Town Hall Addition
Project— Phase 1 (Staff C. Hoffman/Z. Dahl)
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Assistant Engineer Christine Hoffman presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Schmidt moved to adopt
Resolution 22-21 Awarding a Contract for the Construction of the Town Hall
Addition Project — Phase 1. The motion was seconded by Vice Mayor Tyson.
MOTION PASSED 4-1:
AYES:
Tankha, Tyson, Mok, Schmidt
NOES:
Swan
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
The meeting went into recess at 8:21 p.m.
The meeting reconvened to Open Session at 8:28 p.m.
6. PUBLIC HEARINGS
➢ City Council Ex Parte Contacts Policy Disclosure
Ex Parte Communications: Vice Mayor Tyson reported that the topic to prohibit
remote controlled cars and drones in Byrne Preserve was discussed at an Open
Space Committee (OSC) meeting. There were no other ex parte communications.
A. Introduction of an Ordinance (First Reading) Amending Title 12, Chapter 1 "Parks,
Preserves and Public Areas", Section 12-1.04 "Powered Model Vehicles Prohibited"
to Include a Prohibition on Remote Control Cars and Drones in Byrne Preserve
(Staff. S. Robustelli) Motion to Waive Reading and Introduce the Ordinance
Community Services Supervisor Sarah Robustelli presented the staff report.
Council asked questions of staff and received responses.
Mayor Tankha opened the Public Hearing.
Sue Welch, Los Altos Hills, said she is disappointed that the OSC recommendations
to include all three preserves were not included in the ordinance.
Mayor Tankha closed the Public Hearing.
MOTION MADE: Councilmember Swan moved to waive reading and introduce
Ordinance 593 Amending Title 12, Chapter 1 "Parks, Preserves and Public Areas",
Section 12-1.04 "Powered Model Vehicles Prohibited" to Include a Prohibition on
Remote Control Cars and Drones in Byrne Preserve.
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Councilmember Schmidt suggested an amendment to the motion to include
direction for other relevant committees to review and provide input on whether or not
to include all open spaces in Town, not just Byrne Preserve. Councilmember Swan
did not accept the amendment.
The motion FAILED due to lack of a second.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to waive reading
and introduce Ordinance 593 Amending Title 12, Chapter 1 "Parks, Preserves and
Public Areas", Section 12-1.04 "Powered Model Vehicles Prohibited" to Include a
Prohibition on Remote Control Cars and Drones in Byrne Preserve; and direct that
relevant committees review other open spaces and return to Council. The motion was
seconded by Councilmember Mok.
MOTION PASSED 5-0:
AYES:
Tankha, Tyson, Mok, Schmidt, Swan
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
7. NEW BUSINESS
A. Introduction of an Ordinance (First Reading) of The Town of Los Altos Hills
Amending Article 1 of Chapter 1 of Title 2 (Meetings) of the Los Altos Hills Municipal
Code to Confirm that City Council Meeting Procedures Set Forth in the Municipal
Code Comply with California Government Code Requirements Related to Meeting
Procedures (Staff: S. Mattas) Motion to Waive Reading and Introduce the
Ordinance
City Attorney Mattas presented the staff report.
Council discussion ensued.
City Attorney Mattas clarified that the ordinance provides that Council members
can place items on the agenda under "Council -Initiated" items. This allows the
Council to weigh in and they have the option to direct staff to review an item further.
Public Comment
Allan Epstein, Los Altos Hills, said it is a good time to make clear who has the right
to place items on the agenda. It is advantageous for the public to know in a clear way
who has the right to put items on the agenda.
Further Council discussion ensued.
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John Swan, Los Altos Hills, encouraged the ability for one council person to put an
item on the agenda be considered.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to waive reading
and introduce Ordinance 594 of the Town of Los Altos Hills Amending Article 1 of
Chapter 1 of Title 2 (Meetings) of the Los Altos Hills Municipal Code to Confirm
that City Council Meeting Procedures Set Forth in the Municipal Code Comply with
California Government Code Requirements Related to Meeting Procedures; and
further direct staff to document the process used for bringing items to the City
Council for review at a future meeting. The motion was seconded by Councilmember
Swan.
MOTION PASSED 5-0:
AYES: Tankha, Tyson, Mok, Schmidt, Swan
NOES: None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
8. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Vice Mayor Tyson)
Vice Mayor Tyson presented the utility undergrounding report.
Council discussion ensued.
Public Comment
Allan Epstein, Los Altos Hills, asked about the timing of the matching/reimbursement
funds. Vice Mayor Tyson responded that the Town has to front the money before the
Town is reimbursed.
No action was taken.
B. Report by the Fire Taskforce Subcommittee (Councilmember Schmidt)
Councilmember Schmidt presented the Fire Taskforce update.
Council discussion ensued. No action was taken.
C. Status Reports from All Councilmembers on Subcommittee and Outside Agencies
Activities
There were no reports.
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9. STAFF REPORTS
A. City Manager — No report.
B. City Attorney
City Attorney Mattas said that the City Council met in closed session earlier this
evening. The Council had a thoughtful conversation, and the Council is proceeding
with the evaluation and anticipates completing it next month.
C. City Clerk
i. Report on Town Website
City Clerk Padovan provided a background on the current Town website. She
also reported that Town staff is always open to receive feedback on the website.
The goal is transparency and to make information available to residents as
timely as possible. No action was taken.
Public Comment
Allan Epstein, Los Altos Hills, said that anything that we can do to improve
the search feature in Civic Clerk would be appreciated.
D. Administrative Services Director — No report
E. Public Works Director
F. Planning/Building Director
i. Report on Fire Department Review & Access
ii. Report on WUI Map
Director Dahl reported on the Fire Department review and access. He reported that he
met with the Fire Marshal with the Santa Clara County Fire Department (SCCFD)
specifically to address the concerns on timing and plan review delays and to keep things
moving. They have gone through a few years of staff turnover. The Fire Marshal
recognizes there has been challenges in getting clear and legible comments.
Jitze Couperus, Los Altos Hills, said he have tried for the last two years to get the
Council's attention about the Fire Department's procedures. He would like an update and
a written status report on exactly what the Fire Marshal allow us to do.
Director Dahl replied and said the issue at hand is about the 12 vs. 14 driveway width
requirements and the turnaround for Accessory Dwelling Units (ADU's). The Town
requirement now is the 12 -foot minimum width, not the 14 -foot minimum width. The
handout will be updated shortly. For projects moving forward in the Town, a 12 -foot
driveway is in force. With regard to the turnarounds, state fire code requires that certain
dimensions are required for turnarounds. SCCFD has expressed a willingness to work
with property owners and will look at items on a case-by-case basis. Turnarounds are a
health and safety requirement.
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Mayor Tankha requested that this topic be agendized for discussion at a future meeting
as she believes we need to have to a uniform set of metrics. She also requested a written
report from the Fire Department.
MOTION MADE AND SECONDED: Vice Mayor Tyson moved to continue the
meeting past 10 p.m. The motion was seconded by Councilmember Schmidt.
MOTION PASSED 5-0:
AYES:
Tankha, Tyson, Mok, Schmidt, Swan
NOES:
None
ABSTAIN:
None
RECUSE:
None
ABSENT:
None
F. Planning/Building Director
ii. Report on WUI Map
Director Dahl reported that the State is getting ready to update fire hazard maps
statewide that will include updated criteria. Staff s recommendation would be to
bring back a resolution to reestablish the Wildland-Urban Interface (WUI)
townwide and look at establishing a boundary between moderate and high fire
danger.
Council discussion ensued.
Public Comment
Allan Epstein, Los Altos Hills, asked the Council not to be arbitrary, that there
are real pros and cons to determine what is in the WUI area. He urged the Council
to not make the decision based upon opinions, but with all the factors involved
with it before a decision is made.
Jitze Couperus, Los Altos Hills, said this started a few years ago because the
Planning Commission had to regularly review the WUI. He said leaving the
WUI, meant that people could not get insurance.
DIRECTION: Refer the WUI matter to the Planning Commission and then return
to the Council with a recommendation.
10. COUNCIL INITIATED
A. Discussion and Possible Action on Next Steps on Opposing SB9 (Mayor Tankha)
Mayor Tankha proposed the next steps on items SB 9 and 10. She informed the
Council that there was a Town Hall on the subject and many residents expressed
concerns about the two bills. A petition is being circulated and they are looking to see
what else can be done. She asked for further recommendations from the Council.
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Council discussion ensued. The Council asked that the Mayor keep the Council
apprised of the situation. No action was taken.
B. Discussion and Possible Action to Place Public Record Requests and Responses on the
Town's Website (Councilmember Swan)
Councilmember Swan presented the item and thought it could save staff time to post
responses to public records requests online.
There was no council discussion. No action was taken.
C. Direction and Possible Action to Consider Establishing a City Council Ad Hoc
Committee to Establish Procedures for Improved Transparency, including Evaluating
the Size, Compensation and Bonus of Town Staff, Formulating Exit Interview
Procedures/Policies for Departing Staff Members and Establishing procedures for
Negotiating Major Upcoming Service Agreements (Mayor Tankha)
Mayor Tankha presented the item. She said was not intending to look in the past, but
looking forward.
Council discussion ensued.
Public Comment
John Swan, Los Altos Hills, said the private sector looks at mistakes and try and
determine what to do in the future to not repeat the mistakes. He talked about staff
turnover.
No action was taken.
11. ADJOURN
The meeting adjourned at 10:35 p.m.
Respectfully submitted,
Deborah Padovan
Deborah Padovan
City Clerk
The minutes of the April 15, 2021 regular City Council meeting were approved as presented at
the May 20, 2021 regular City Council meeting.
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