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HomeMy WebLinkAbout09/28/20231 City Council Regular Adjourned Meeting Minutes September 28, 2023 Town of Los Altos Hills City Council Regular Adjourned Meeting Minutes Thursday, September 28, 2023 Council Chambers, 26379 Fremont Road, Los Altos Hills, California Present: Mayor Linda Swan, Vice Mayor Stanley Q. Mok, Councilmember Lisa Schmidt, Councilmember George Tyson, Councilmember Kavita Tankha Absent: None Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, Community Development Director Bradley Evanson, Public Works Director/City Engineer WooJae Kim, Assistant to the City Manager Cody Einfalt, City Clerk Deborah Padovan CALL TO ORDER (6:00 P.M.) A. Roll Call B. Pledge of Allegiance Mayor Swan called the meeting to order at 6:08 p.m. Councilmember Tyson arrived at 6:13 p.m. 1. AGENDA REVIEW There were no changes to the agenda. 2. PRESENTATIONS AND APPOINTMENTS A. Appointment to the Los Altos Hills History Committee City Clerk Padovan presented the application of Patty Woolsey. Ms. Woolsey expressed interest in serving on the History Committee. MOTION MADE AND SECONDED: Councilmember Schmidt moved to appoint Patty Woolsey to the Los Altos Hills History Committee for a four-year term. The motion was seconded by Councilmember Tankha. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None 2 City Council Regular Adjourned Meeting Minutes September 28, 2023 B. Appointment to the Los Altos/Los Altos Hills Senior Commission City Clerk Padovan presented the application of Sharvari Dixit. Ms. Dixit expressed her interest in serving on the committee. MOTION MADE AND SECONDED: Councilmember Tankha moved to appoint Sharvari Dixit to the Los Altos/Los Altos Hills Senior Commission to serve a four- year term. The motion was seconded by Councilmember Tyson. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None C. Appointment to the Los Altos Hills Pathways Committee (Completing a Partial Term) City Clerk Padovan presented the application of Kater Hake. He introduced himself to the Council and expressed an interest in serving on the committee. He was not appointed. Mayor Swan asked that he attend some Pathway Committee meetings before being considered for appointment. D. Presentation by Silicon Valley Clean Energy on the Electric Showcase Awards Councilmember Tyson introduced Zoe Elizabeth with Silicon Valley Clean Energy (SVCE). Ms. Elizabeth presented the certificate to the winners of the Electric Showcase Awards. Congregation Beth Am and Judy Lu received the awards and took a photo with the City Council. No action was taken. 3. PRESENTATIONS FROM THE FLOOR Tony Scott, Los Altos Hills, spoke about his property that is on the General Plan Exhibit A and requested that the Council remove the historic designation from his property. 3 City Council Regular Adjourned Meeting Minutes September 28, 2023 Allan Epstein, Los Altos Hills, said that there are a number of items on the agenda tonight related to law enforcement. He asked for clarification on the upcoming sheriff’s contract and the status of the law enforcement services. 4. CONSENT CALENDAR Mayor Swan asked to pull Item 4.P for discussion. She asked to postpone Item 4.F and Item 4.R to the Thursday, October 19, 2023 Regular City Council Meeting. MOTION MADE AND SECONDED: Councilmember Tankha moved to approve the Consent Calendar with the exception of Items 4.F, 4.P., and 4.R. The motion was seconded by Vice Mayor Mok. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None A. Approval of Special City Council Meeting Minutes – August 17, 2023 B. Approval of Regular City Council Meeting Minutes – August 17, 2023 C. Approval of Special City Council Meeting Minutes – August 23, 2023 D. Approval of Special City Council Meeting Minutes – September 8, 2023 E. Disbursements for August 1-31, 2023 $1,513,903.19 F. Approval of Treasurer’s Report for the Month Ended August 31, 2023 (Staff: Administrative Services) – This item was removed from the agenda and continued to the October 19, 2023 Regular City Council Meeting. G. Received Quarterly Investment Portfolio Report – Quarter Ending June 30, 203 (Staff: Administrative Services) H. Rejection of Claim of McCormick (Staff: D. Padovan) I. Consideration and Issuance of Report on Efforts to Alleviate the Conditions which led to the Adoption of the SB 9 Urgency Ordinance (Staff: E. Ling) J. Adoption (Second Reading) of Ordinance 610 of the Town of Los Altos Hills Amending Title 9 (Subdivisions and Plan Lines) and Title 10 (Zoning and Site 4 City Council Regular Adjourned Meeting Minutes September 28, 2023 Development) of the Los Altos Hills Municipal Code to add Article 16 to Chapter 1, and Article 15 to Chapter 1, Respectively, Establishing Regulations for the Subdivision and Development of Qualified Senate Bill 9 Properties. (Staff: E. Ling) – Waive Reading and Adopt the Ordinance K. Informational update on VTA Measure B – Bicycle & Pedestrian Education & Encouragement Funds (Staff: W. Kim) L. Resolution 79-23 Accepting the Storm Drain Improvements at Purissima Park, Story Hill Lane, and Oak Park Court Project (Staff: D. Liang) M. Informational Item: SB 450 Opposition Correspondence (Staff: P. Pirnejad) N. Resolution 80-23 Repealing Resolution 24-22 Related to Mandatory COVID-19 Vaccine and Testing Policy (Staff: P. Pirnejad) O. Resolution 81-23 Appointing Representatives to PLAN JPA On Behalf of the Town Of Los Altos Hills (Staff: C. Einfalt) P. Resolution 82-23 Approving Changes to the Employee Handbook Pursuant to Recent Legal Requirements and Risk Management Best Practices (Staff: P. Pirnejad) City Manager Pirnejad explained the updates to the employee handbook. MOTION MADE AND SECONDED: Councilmember Tankha moved to adopt Resolution 82-23 Approving Changes to the Employee Handbook Pursuant to Recent Legal Requirements and Risk Management Best Practices. The motion was seconded by Councilmember Tyson. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None Q. Declaring the Week of October 7 through October 15, 2023 as “Compassion Week 2023” (Staff: P. Pirnejad) R. Authorize the Mayor or City Manager to Enter into the Joint Powers Agency Agreement for Cities Association of Santa Clara County (Staff: P. Pirnejad) – This item was removed from the agenda and continued to the October19, 2023 Regular City Council Meeting. 5 City Council Regular Adjourned Meeting Minutes September 28, 2023 5. NEW BUSINESS A. Consider Scheduling a “Sacramento Legislative Action Day” in Early 2024 (Staff: P. Pirnejad) City Manager Pirnejad presented the report. Council discussion ensued. The Council agreed to partner with the Peninsula Division of the League of California cities and determine what issues might relate to LAH. Mayor Swan agreed to go. City Manager Pirnejad said he would bring back more information when the time comes. B. Consideration of a Resolution 83-23 Approving a Waiver of Applicable Application Processing Fees for Planning Permits Review for Facilities Proposed by Los Altos Hills Community Fiber (Staff: P. Pirnejad) Assistant to the City Manager Cody Einfalt presented the report. Council discussion ensued. Public Comment Sasha Zbrozek, Los Altos Hills, said the FCC’s authority is quite clear. Why is a CUP needed at all? He asked for a clear explanation. Janna Clayton, Los Altos Hills, she is the treasurer of LAHCF and clarified a few points. They are asking for exemptions for their radio antennas. Allan Epstein, Los Altos Hills, expressed concerns from the financial standpoint. Waiving the fees does not eliminate the work the staff has to do, or the costs incurred. It’s a budgetary expense. If you waive fees, that transfers the costs to other applicants. Kjell Karlsson, Los Altos Hills, anything that falls in the scope of the FCC rules, doesn’t need any work from staff. Further Council discussion ensued. MOTION MADE AND SECONDED: Mayor Swan moved to approve Resolution 83-23 Approving a Waiver of Applicable Application Processing Fees for Planning Permits Review for Facilities Proposed by Los Altos Hills Community Fiber, as amended to waive the fees for the first 5 years and reevaluate at that time. 6 City Council Regular Adjourned Meeting Minutes September 28, 2023 MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None C. Discussion and Possible Action to Reschedule the December Regular City Council Meeting (Staff: D. Padovan) City Clerk Padovan presented the staff report. MOTION MADE AND SECONDED: Mayor Swan moved to cancel the Thursday, December 21, 2023 Regular City Council meeting and schedule a Special City Council Meeting for Thursday, December 14, 2023. The motion was seconded by Councilmember Tyson. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None D. Introduction of Ordinance (First Reading) Amending Section 2-1.201 Of Title 2, Chapter 1, Article 2 of the Los Altos Hills Municipal Code, “Councilmember Salaries” (Staff: S. Mattas) – Waive Reading and Introduce the Ordinance City Attorney Steve Mattas presented the staff report. Council discussion ensued. MOTION MADE AND SECONDED: Mayor Swan moved to Waive Reading and Introduce the Ordinance (First Reading) Amending Section 2-1.201 Of Title 2, Chapter 1, Article 2 of the Los Altos Hills Municipal Code, “Councilmember Salaries.” The motion was seconded by Councilmember Mok. Public Comment Sasha Zbrozek, Los Altos Hills, said that time cost is a barrier. Tear down these barriers and give yourself a raise. Allan Epstein, Los Altos Hills, sent an email that identified what the Council received in 2022 and comparable cities in the area. Most of the comparable cities don’t pay salaries or benefits. If everyone were to take the salary and benefits, it would cost the Town $160K per year. 7 City Council Regular Adjourned Meeting Minutes September 28, 2023 MOTION FAILED 2-3: AYES: Swan, Mok NOES: Schmidt, Tankha, Tyson ABSTAIN: None RECUSE: None ABSENT: None E. Resolution 84-23 Authorizing the City Manager to Submit Payment to the Santa Clara County Office of the Sheriff for Additional Law Enforcement Services Received During FY 22-23 Totaling $432,877 and Appropriating Funds from the Unreserved General Fund for Law Enforcement Services (Staff: C. Einfalt) Assistant to the City Manager Cody Einfalt presented the staff report. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Tyson moved to adopt Resolution 84-23 Authorizing the City Manager to Submit Payment to the Santa Clara County Office of the Sheriff for Additional Law Enforcement Services Received During FY 22-23 Totaling $432,877 and Appropriating Funds from the Unreserved General Fund for Law Enforcement Services. The motion was seconded by Councilmember Schmidt. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None F. Update on Residential Burglary Efforts Including a Third-Party Review of the Town’s ALPR System, Public Awareness Campaign Efforts, and an Overview of Genesis Private Security with Future Options/Considerations (Staff: P. Pirnejad) MRG Consultant Brian Uhler provided a report on residential burglary efforts and provided proposed options for the Council to consider. Council discussion ensued. Public Comment Paige Alloo, Los Altos Hills, said she is a co-leader of a neighborhood watch and the message she has is that people are scared. You read about it everywhere. We have done a lot of work in our neighborhood watch and educated people on how to keep your home safe. It needs to be addressed with more, not less. 8 City Council Regular Adjourned Meeting Minutes September 28, 2023 Sasha Zbrozek, Los Altos Hills, said that he has no opinion of private patrols. He said that we should not have ALPRs in LAH. We can’t tell if they work, and they cost more, and it is not clear that we are getting anything for it. Erika Ameri, Los Altos Hills, a safe place to live is a key characteristic of a civilized society. The police need to protect the citizens. It is not feeling very safe these days. They want more sheriff and more private patrols and anything else that can be done that can make the residents feel safer. Op56, Town Not Stated, said she has been given $76,000 to hire a private patrol. We are terrified. We don’t have faith in our town government to keep us safe. She is in favor of private patrol. The number of patrols should be increased 10-fold. Elizabeth Roberts, Los Altos Hills, agreed with the previous speaker. Perhaps we could partner with Google for more cameras. We need to have four to six deputies on duty at any given time. Anand Ranganathan, Los Altos Hills, thinks that we have a lot of data on ALPRs and it is clear they don’t work and cost a boatload of money. Jim Basiji, Los Altos Hills, wholeheartedly is in favor of what Erika and Fiona said. This is not a joke. He told a story of a burglary that happened to her many years ago. Six other burglaries happened in the past year around his area. Rajiv Bhateja, Los Altos Hills, presented a slide on how little we spend compared to other towns on law enforcement. We are on track to triple burglaries from two years ago. He requested that the town try funding private patrols through this fiscal year. Kjell Karlsson, Los Altos Hills, said that a deputy in a patrol car should be doing traffic stops. We shouldn’t have a motorcycle deputy trying to do some patrol work. Please specify traffic enforcement, talking about a patrol deputy in a patrol vehicle. Further council discussion ensued. MOTION MADE AND SECONDED: Councilmember Schmidt moved to double the budget for overtime deputies from one to two, with a focus on their efficient deployment; and to double the allocation for private patrol over the next four months while closely monitoring burglary rates in order to allow us to assess the effectiveness of the extra security measures by March 31, 2024. The motion was seconded by Councilmember Tankha. MOTION PASSED 4-1: AYES: Swan, Schmidt, Tankha, Tyson NOES: Mok 9 City Council Regular Adjourned Meeting Minutes September 28, 2023 ABSTAIN: None RECUSE: None ABSENT: None MOTION MADE AND SECONDED: Councilmember Tyson moved to continue the meeting past 10:00 p.m. The motion was seconded by Councilmember Schmidt. MOTION PASSED 5-0: AYES: Swan, Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None Recess at 9:44 p.m. Reconvene to Open Session at 9:52 p.m. 6. STAFF REPORTS A. City Attorney City Attorney Mattas reported that SB 450 did not make it out of both houses. It has now been placed in a legislative inactive file and can be brought up again. B. City Clerk No report. C. Planning Director Director Evanson said that we are in a contract with a consultant for the Reach Codes. In August the Planning Commission and Environmental Initiatives Committee met in a joint meeting this month. They will meet again in October. They will be presented to the Council in November. Public Comment Anand Ranganathan, Los Altos Hills, said the EIC has offered to do the work and they have been ignored and rebuffed. They are willing to do all of the work and talk to the vendors and the stakeholders to determine what needs to be done. Just let us do it. There needs to be a culture of saying - allow the committees to do the work. D. Administrative Services Director 10 City Council Regular Adjourned Meeting Minutes September 28, 2023 City Manager Pirnejad informed the Council about the staff vacancies that are currently in recruitment. We are on track to have both the Accounting Manager and Administrative Services Director filled by the end of this year. The audit was completed last week, and we will receive the final audit results in the near future. E. Public Works Director Director Kim reported that the town’s annual street repair project and the pathways construction on Briones Way, Concepcion Road, and La Paloma Road are moving forward and currently on schedule. The annual street project should be completed by mid-October. For the pathway project, the Briones Way path was installed and completed by the Public Works maintenance staff. The contractor is currently working on pathways on Conception Road and La Paloma Road. All work is anticipated to be completed by the end of October. F. City Manager City Manager Pirnejad provided the following: Residential Burglary Updates and the analysis for potential options as we approach the Sheriff’s contract renewal. Contractor Brian Uhler from MRG is on medical leave and we will continue to find resources that might be able to keep up on track for a City Council recommendation and discussion before the end of the year. Recruitment Efforts are well underway to fill vacancies in the organization. A Real-Time Financial Transparency Tool that links to a running list of all the contracts under the City Manager Signing authority was added several weeks ago to the Weekly. Goal Setting Session – 1st Meeting Staff held their 1st retreat yesterday with Dr. Frank Benest to plan for the upcoming 2-year Council Work Plan. This document will be important as the Town transitions to a two-year budget cycle in the next fiscal year. Vines and Wines is scheduled – Sunday October 15, 2023 from 2:00 p.m. to 5:00 p.m. at Town Hall under the Oak Tree. ICMA Conference, September 30, 2023 - October 4, 2023 in Austin Texas. Community Services Touch a Truck will be taking place this Saturday September 30, 2023 from 9:00 a.m. to 11:00 a.m. at Gardner Bullis. 11 City Council Regular Adjourned Meeting Minutes September 28, 2023 This Sunday, October 1, 2023, from 2:00 p.m. to 5:00 p.m. there will be an Artist Reception at Town Hall. Guess the Pumpkin’s Weight Giant Pumpkin will be delivered to Town Hall to celebrate Fall and Halloween. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES A. Report by the Undergrounding Subcommittee (Councilmember Tyson) Councilmember Tyson reported that a composite drawing has been submitted. PG&E is working on their cost estimates and the project is on track to be funded in 2024. No action was taken. B. Report and Possible Action from the Council Ad Hoc Committee Focusing on Broadband (Councilmembers Mok and Tankha) Vice Mayor Mok reported that we have had some significant movement in broadband. He would like to get a handle on how many real complaints we have on broadband at this time, and then determine the next steps. No action was taken. C. Report from the Council Ad Hoc Committee on Residential Burglaries (Councilmembers Tankha and Tyson) No further report. D. Report from the City Council Ad Hoc Committee to Review the Changes to the Standing Committee Resolution (Councilmembers Schmidt and Tyson) Councilmember Tyson reported that a listening session occurred with committee chairs on September 20. There were vigorous comments and feedback. They are working on making more revisions in order to bridge the divide. Some committee members and chairs don't want more rules and restrictions, and they are trying to strike a balance. No action was taken. E. Status Reports from All Councilmembers on Committee Liaison Assignments and Outside Agencies Activities Councilmember Tyson reported that the CEO of Silicon Valley Clean Energy SVCE has announced his retirement, and they are proceeding with planning interviews. He thanked Supervisor Joe Simitian for providing county funding for CHAC. With the assistance of the County, they have righted the budget. 12 City Council Regular Adjourned Meeting Minutes September 28, 2023 Mayor Swan reported that she went to the Cities Association meeting, and they formed a JPA, and that agreement will come to the Council next month for approval. She said she went to the following events: Campbell State of the City; Sunnyvale State of the City; League of California Cities; and the Atherton centennial celebration. 8. COUNCIL INITIATED ITEMS A. Request to Revisit the Ordinance Authorizing the City Manager’s Signing Authority (Mayor Swan) Mayor Swan presented the item. Council discussion ensued. No action was taken. B. Request to allow Los Altos Hills to Participate in a forum at Foothill College that will focus on “Strengthening Collaborative Artificial Intelligence (AI) Opportunities in Silicon Valley”. This initial effort is to help create a regional coalition with select Silicon Valley Mayors, San Jose State University, Foothill College, and the business community to develop a regional approach for the successful implementation of AI (Mayor Swan) Mayor Swan introduced the item. Council discussion ensued. There was Council consensus to participate in a forum at Foothill College. C. Consider the Addition of New Furniture in the Town Hall Courtyard for Community Engagement (Mayor Swan) Mayor Swan withdrew her request as the Los Altos Hills Environmental Initiatives Committee had already ordered a bench based on a grant received from Silicon Valley Clean Energy. 9. ADJOURN The meeting was adjourned at 10:28 p.m. Respectfully submitted, Deborah L. Padovan Deborah Padovan, City Clerk 13 City Council Regular Adjourned Meeting Minutes September 28, 2023 The minutes of the September 28, 2023, adjourned regular City Council meeting were approved as presented at the October 19, 2023, regular City Council meeting.