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HomeMy WebLinkAbout06/20/2024Page 1 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, June 20, 2024 Council Chambers, 26379 Fremont Road, Los Altos Hills, California Present: Mayor Stanley Q. Mok, Vice Mayor Lisa Schmidt, Council Member George Tyson, Council Member Kavita Tankha Absent: Council Member Linda Swan Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, City Clerk Arika Birdsong-Miller, Assistant to the City Manager Cody Einfalt, Community Development Director Bradley Evanson, Assistant Community Development Director Jay Bradford, and Public Works Director WooJae Kim 1.CALL TO ORDER (6:00 P.M.) Mayor Mok called the meeting to order at 6:00 P.M. 2.ROLL CALL Mayor Stanley Mok, Vice Mayor Schmidt, Council Member Tankha, and Council Member Tyson were present. Council Member Linda Swan was absent from the meeting. 3.PLEDGE OF ALLEGIANCE- Recited 4.AGENDA REVIEW Council Member Tankha made a motion to approve the agenda review as presented. Council Member Tyson seconded the motion. Approved, Vote 4-0 AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: Swan 5.PRESENTATIONS AND APPOINTMENTS A.Appointment/Reappointment to the Los Altos Hills Planning Commission- Council Member Tankha made a motion to reappoint Jitze Couperus, Brigitta Indaco, and Jim Waschura. Council Member Tyson seconded the motion. Approved, Vote 4-0 AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: Swan 6.PRESENTATIONS FROM THE FLOOR 1.Eric Matthews, San Jose, representing the group United Sovereign Americans explained the importance of having a valid 2024 General Election. ITEM 7A Page 2 2. Brian B., San Jose, read a Resolution for a Legally Valid 2024 General Election. 3. Josephine Kawakami, San Jose, read a Resolution for a Legally Valid 2024 General Election. 4. Jean Raby, San Jose, read a Resolution for a Legally Valid 2024 General Election. 5. Dennis Jamison, San Jose read a Resolution for a Legally Valid 2024 General Election. 7. CONSENT CALENDAR Council Member Tankha made a motion to approve the Consent Calendar removing Item 7F, 7J, and 7L. Vice Mayor Schmidt seconded the motion. Approved, Vote 4-0 A. Approval of the Special Study Session Meeting Minutes- May 16, 2024 (Staff: A. Miller) Approved, Vote 4-0 B. Approval of the Special Closed Session Meeting Minutes- May 16, 2024 (Staff: A. Miller) Approved, Vote 4-0 C. Approval of Regular City Council Meeting Minutes - May 16, 2024 (Staff: A. Miller) Approved, Vote 4-0 D. Approval of Special Joint City Council and Finance Committee Meeting Minutes- May 21, 2024 (Staff: A. Miller) Approved, Vote 4-0 E. Investment Quarterly Report Ended March 31, 2024 (Staff: P. Pirnejad) Approved, Vote 4-0 F. Review of Disbursements: April 2024 (Staff: P. Pirnejad) REMOVED FROM CONSENT CALENDAR G. Approval of Treasurer’s Report for the Month Ended April 2024 (Staff: P. Pirnejad) Approved, Vote 4-0 H. Consideration of an Ordinance Amending Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code to Amend Regulations Relating to Accessory Dwelling Units, the Grading Ordinance, Low Barrier Navigation Centers, and Emergency Shelters- Second Read (Staff: B. Evanson) Approved, Vote 4-0 I. Consideration of a Resolution Adopting Memorandum of Understanding between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) Member Jurisdiction Establishing Ongoing Management and Operation of Edible Food Recovery Program to Comply with the Requirement of SB1383 (California’s Short- Lived Climate Pollutant Reduction Strategy (Staff: S. Mattas) Approved, Vote 4-0 J. Consideration of a Resolution to Oppose Initiative #21-0042A1, the Taxpayer Protection and Government Accountability Act, and Authorization for the City Manager to Send a Letter to the California League of Cities (Staff: S. Mattas) REMOVED FROM CONSENT CALENDAR Page 3 K. Consideration of a Resolution Approving the Sewer Construction and Dedication Agreement for the Old Ranch Lane Sewer Main Extension (Staff: W. Kim) Approved, Vote 4-0 L. Informational Update on the El Monte Fire Station Utility Undergrounding (Rule 20A) Project Construction and Project Management Agreements (Staff: W. Kim) REMOVED FROM CONSENT CALENDAR ITEM 7F- Review of Disbursement: April in the amount of $1,519,821.77. City Manager Peter Pirnejad clarified that there was an error in the report and the actual disbursement for April was $1,519,821.77. Approved, Vote 4-0 ITEM 7J- Consideration of a Resolution to Oppose Initiative #21-0042A1, the Taxpayer Protection and Government Accountability Act, and Authorization for the City Manager to Send a Letter to the California League of Cities. City Manager Peter Pirnejad removed this item because it does not comply with the process to change the State Constitution and is not eligible for the 2024 ballot. ITEM 7L- Informational Update on the El Monte Fire Station Utility Undergrounding (Rule 20A) Project Construction and Project Management Agreements. Council Member Tyson explained that all the qualifying bids were reviewed, and the lowest qualified bidder was selected through a thorough process. Approved, Vote 4-0 8. ONGOING BUSINESS A. Consideration of a Resolution Approving the Proposed Concept Plan for the Heritage House Upgrade Project and Authorizing the City Manager to Execute CDBG Funding Agreement with the County of Santa Clara Public Works Director WooJae Kim introduced the item and introduced Melissa Elian, Assistant Engineer, who is taking the lead on this project. Mrs. Elian-Carrillo explained that The Heritage House, built in 1908, was originally located in Los Altos downtown and was the home of William Eschenbruecher, the first postmaster of Los Altos who also owned a local hardware store. This wood bungalow home was moved to the current location next to the Town Hall in 1986 to save it from being demolished as part of a new development. The building was renamed the Heritage House by the Town and has been utilized and occupied by the County Sheriff’s Office, Town staff, HAM Radio operators, and by the History Committee. The Heritage House Upgrade project was first approved in the FY2022-23 Five Year Capital Improvement Plan to improve the 1,100 square-foot space for multi-purpose use for community events, meeting space, and committee operations. In 2023, the Town worked with an independent architect to prepare a preliminary conceptual layout to better define the scope of the project with input from the History Committee and Emergency Preparedness and Response Committee (EPRC) that includes HAM Radio operators. With the preliminary conceptual layout and scope of services, the Page 4 Town issued a request for proposal (RFP) in September 2023 to hire a qualified professional architect for the final design and construction documents. On December 14, 2023, the City Council awarded a consultant services agreement to The KPA Group for an amount not to exceed $100,000. In April 2024, the Town applied for the Urban County Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) through the County of Santa Clara Housing and Community Development. In May 2024, the County of Santa Clara Board of Supervisors approved and reserved $400,000 of CDBG funds for the Heritage House Upgrade project. Mrs. Elian-Carrillo further stated that the KPA Group analyzed the preliminary conceptual layout based on the project needs, ADA accessibility improvements, building code requirements, and conservation of historic elements of the Heritage House. The KPA Group and staff went through numerous iterations of the conceptual layout and revisions after meetings with the History Committee, EPRC, and the Environmental Design and Protection Committee. Council Member Tankha asked how much money is coming from Town funds for this project. Assistant Engineer Elian-Carrillo stated that the total was $600,000. Council Member Tyson explained that he is glad to see the Town is looking at option of installing the ramp on the east side of the Heritage House. Mayor Mok asked was it possible to get a coffee area. Assistant Engineer Elian-Carrillo stated that a coffee area wasn’t considered in this plan. Duffy Price, Los Altos Hills, complimented Melissa on this effort. Elizabeth Loinaz, Los Altos Hills, offered improvements to the west side pathway for a more streamlined access path. Council Member Tyson inquired about the safest option for using the ramp at night. Council Member Tankha stated that this will be a great community space and would like Assistant Engineer Elain-Carrillo to work with the Environmental Design and Protection Committee (EDPC) . Vice Mayor Schmidt made a motion to approve the Resolution for the Proposed Concept Plan for the Heritage House Upgrade Project and Authorized the City Manager to Execute the CDBG Funding Agreement with the County of Santa Clara. Council Member Tyson provided the second. Approved, Vote 4-0 AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: Swan Page 5 B. Consideration of a Resolution Authorizing the City Manager to Execute a Two-Year Extension to the Law Enforcement Agreement with the Santa Clara Office of the Sheriff. Assistant to the City Manager Cody Einfalt explained that at the start of 2024, the Sheriff’s Office convened a meeting of the three contract cities (Cupertino, Saratoga, and Los Altos Hills) to discuss the expiring law enforcement agreements. At this meeting, County staff alerted the parties that the services provided to the three jurisdictions were causing the Office of the Sheriff to operate at a deficit for the County. To offset this deficit the County requested renewing the law enforcement agreements with significantly higher rates with a revamped methodology to recoup expenses from these services. This was the first time any of the three contract cities were alerted to a proposed cost increase, only a few months before the expiration of the 2014-2024 agreement. The contract with the Sheriff is scalable, allowing for supplemental law enforcement resources to be made available to the Town upon request or through a determination made in real-time by the Office of the Sheriff in response to an in-progress emergency. Mr. Einfalt also explained that in the proposed two-year extension of the law enforcement agreement, the County Sheriff uses the same methodology for rate increases that have been in place for the past 10 years. The proposed cost for law enforcement services for FY2024-25 is $2,655,828, or a 7.64% increase from the previous fiscal year. This amount includes law enforcement services, operation of the West Valley Substation, and a bank of $200,000 in overtime hours which would be able to be used throughout the year. Staff used these numbers in the proposed FY2024-2026 operating budget currently being considered by the City Council. Rajiv Bhateja, Los Altos Hills, is happy to see funding for the Santa Clara Office of the Sheriff. Vice Mayor Schmidt made a motion to approve the Resolution Authorizing the City Manager to Execute a Two-Year Extension to the Law Enforcement Agreement with the Santa Clara Office of the Sheriff. Council Member Tankha seconded the motion. Approved, Vote 4-0 AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: Swan 9. PUBLIC HEARING A. Consideration of a Resolution of the Town of Los Altos Hills Requesting the Santa Clara County Tax Collector Collect Delinquent Sewer Charges and FY2024-25 Sewer Service Charges for both the Palo Alto and Los Altos Sewer Basin. Public Works Director WooJae Kim stated that On May 25, 2022, the City Council adopted Resolution No. 59-22, setting the annual sewer services charges per single-family equivalent dwelling unit (EDU). For the sewer tax roll, a single-family house is assessed as one EDU, while an accessory dwelling unit (ADU) is assessed at 0.5 EDU. The Town’s annual sewer service charge for FY2024-25 set by the resolution is $1,846 per EDU. Page 6 Through NBS Government Finance Group, staff has prepared the FY2024-25 sewer tax roll schedule of charges. These fees are paid through the Santa Clara County property tax bills. The Santa Clara County Tax Collector requires a Council resolution each year with the tax roll requesting that these fees be collected through the County’s tax billing and collection system. The Public Hearing was opened for comments in favor or against the Resolution of the Town of Los Altos Hills Requesting the Santa Clara County Tax Collector Collect Delinquent Sewer Charges and FY2024-25 Sewer Service Charges for both the Palo Alto and Los Altos Sewer Basin. There were no public comments. Vice Mayor Schmidt made a motion to approve the Resolution of the Town of Los Altos Hills Requesting the Santa Clara County Tax Collector Collect Delinquent Sewer Charges and FY2024-25 Sewer Service Charges for both the Palo Alto and Los Altos Sewer Basin. Council Member Tankha seconded the motion. Approved, Vote 4-0 AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: Swan B. Consideration of a Resolution Adopting the Proposed FY 2024-25 Operating Budget and FY 2025-29 Five-Year Capital Improvement Plan Budget and Gann Limit for the Town of Los Altos Hills and Resolution Approving the FY 2024-25 Salary Schedule. City Manager Peter Pirnejad introduced Drew Corbitt, DKG Consultants, and together they explained that the budget is an annual planning tool that communicates priorities and sets the Town’s operating and spending policy for the year. The City Manager is responsible for presenting a budget to the City Council, in accordance with Municipal Code 2-3.219. The objective of the budget is to ensure that there are enough funds to meet ongoing spending needs. The following sections highlight the requested actions of the Council related to budget adoption. Fiscal Year 2024-25 Operating Budget - The budget process culminating in the resolution to adopt the fiscal year 2024-25 budget was the Town’s first two-year operating budget. Fiscal year 2024-25 is being presented for Council approval, with fiscal year 2025- 26 being a plan that will serve as the foundation for next year’s budget process. This year’s budget process was challenging on a number of fronts due to a significant staffing shortage in the Administrative Services Department, making the transition to a two-year budget that much more difficult. This transition, however, provides greater insight into the Town’s budgetary position, and it will create greater operational efficiency going forward. The proposed budget has been reviewed on several occasions prior to adoption. This includes a budget preview provided to the FIC on April 16th, a follow-up review with the FIC on May 13th, and a Joint City Council/FIC study session on May 21st. A financial summary Page 7 of the fiscal year 2024- 25 budget is below. An in-depth discussion of the fiscal year 2024- 25 budget is included in the budget document as a part of the City’s Manager’s letter of transmittal. General Fund Special Revenue Capital Projects Sewer Total Beginning Balance $16,048,510 $1,147,335 $1,856,456 $4,516,302 $23,568,604 Revenues $19,063,100 $179,633 $867,080 $3,955,291 $24,065,104 Expenditures ($19,342,844) - ($4,384,226) ($4,715,103) ($28,442,173) Net Transfers ($1,858,386) ($852,081) $2,710,467 - - Ending Balance $13,910,380 $474,887 $1,049,777 $3,756,490 $19,191,535 Fiscal Years 2024-25 to 2028-29 Capital Improvement Plan - The five-year Capital Improvement Plan (CIP) presented for adoption represents the first step in a comprehensive update of the CIP. As noted previously, given staff constraints and the conversion of the operating budget to a two-year plan, the update to the CIP for this cycle was not comprehensive. That being said, the fiscal year 2024-25 to 2028-29 project costs are reflective of staff’s expectations for each of the projects listed in the CIP section of the budget. However, the existing set of projects that already have ongoing budget appropriations needs to be reconciled to ensure funding has been set aside for these projects. Despite existing reserve funds in the General Fund dedicated to capital projects, it is expected that when the reconciliation is complete, some projects will need to be classified as ‘unfunded’ until a funding source is identified. Staff intends to complete this reconciliation and return to the Council on this subject prior to the end of 2024. It should be noted that existing high-priority projects such as the streets rehabilitation project and the Matadero Creek project will continue as planned. Fiscal Year 2024-25 Appropriations Limit - The Town is required by the State Constitution, Article XIIIB (Proposition 4) to annually calculate the maximum amount of appropriations subject to limitation. The calculation is intended to limit the annual growth in tax revenues used to fund governmental expenditures in California. Article XIIIB was changed with the passage of Proposition 111 on the June 1990 ballot. These changes permit greater flexibility with regard to annually calculating increases in the appropriations limit (Gann Limit) by allowing additional growth factors to be used. The factors permitting the maximum allowable increase in the appropriations limit are chosen for the calculation each fiscal year. The fiscal year 2024-25 appropriations limit is calculated as follows: Fiscal Year 2023-24 Limit $ 9,166,162 2024 Change in County of Santa Clara Population 1.0002 FY 2023-24 Change in California Per Capita Personal Income 1.0362 FY 2024-25 Limit $ 9,499,965 Page 8 FY 2024-25 Budget Amount Subject to Limitation $ 8,233,993 Amount Under Appropriation Limit $ 1,265,972 Fiscal Year 2024-25 Salary Schedule - The California Public Employees Retirement System (CalPERS) requires that the governing board of each participating agency approves the agency’s salary schedule on an annual basis. As such, the Town updates its salary schedule annually for approval during the budget adoption process. Utilizing consumer price index information (CPI) for the San Francisco Bay area from the Bureau of Labor Statistics, the growth in CPI from April 2023 to April 2024 was 3.77%. The salary schedule reflects increases of 4% to the top and bottom of the range for each position except the City Manager’s, for which the salary is set by contract. It is important to note that this is not a cost-of-living adjustment and pay increases will continue to be determined through the performance review process. The Public Hearing was opened for comments in favor or against the Resolution Adopting the Proposed FY 2024-25 Operating Budget and FY 2025-29 Five-Year Capital Improvement Plan Budget and Gann Limit for the Town of Los Altos Hills and Resolution Approving the FY 2024-25 Salary Schedule Rajiv Bhateja, Los Altos Hills, thanked staff for the corrections made to the budget. Mr. Bhateja suggested the Council to defer the decision of adding the Management Analyst position to the budget. Mr. Bhateja stated that the 6% increase for Public Safety is reasonable. Council Member Tankha asked for the City Manager's perspective on adding the Management Analyst position. Mr. Pirnejad stated that the overall number of staff members requested in the proposed budget has decreased from 28 positions to 27 positions based on the needs of the organization. Council Member Tyson thanked Peter Pirnejad, Drew Corbett, and Town staff for the preparation of the 2-year budget document. Council Member Tyson shared that he heard concerns from residents and he shared some of their concerns about where we are in the budget, but stated that we have built up a reserve. Council Member Tyson expressed that going forward we should all make sure all of our expenses line up with the income the Town receives. Mayor Mok thanked City Manager Peter Pirnejad, Drew Corbett, Fifi Ngom, and Allan Epstein for all of their hard work in creating the budget. Mayor Mok acknowledged how much of a heavy lift this was for everyone involved. Council Member Tankha made a motion to approve the Resolution Adopting the Proposed FY 2024-25 Operating Budget and FY 2025-29 Five-Year Capital Improvement Plan Budget and Gann Limit for the Town of Los Altos Hills and Resolution Approving the FY 2024-25 Salary Schedule. Vice Mayor Schmidt seconded the motion. Approved, Vote 4-0 Page 9 AYES: Mok, Schmidt, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: Swan 10. NEW BUSINESS A. Council Discussion and Staff Direction on how to Disperse the Community Service Grant Fund (Staff: P. Pirnejad) This item was moved to the July 18, 2024, Regular City Council Meeting. B. Consideration of a Resolution of the City Council of the Town of Los Altos Hills Calling a Municipal Election to be held on Tuesday, November 5, 2024, and Requesting Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters (Staff: A. Miller) Approved, Vote 4-0 11. STAFF REPORTS A. City Attorney – No report. B. City Clerk Arika Miller stated that the Town’s contract and agreement list is completed and will be reviewed and released next week. C. Community Development Director Bradford Community Development Director Evanson provided an update on the progress on the Housing Element progress. It included a schedule which included going to the Planning Commission in August (as it is dark in July) with a comprehensive update and schedule through the completion of the Objective Design Standards (ODS), Zoning Ordinance (ZO) Update, and CEQA. The staff intends to come back to the City Council in September with a follow-up to review the progress and provide the Council and the general public with a similar update of the events to follow through compliance with the outstanding programs including but not limited to the ODS, ZO, Update and CEQA compliance. D. Public Works Director WooJae Kim reported that on June 20, the Town received one bid for the 2024 Pavement Rehabilitation project. The bid is below the Engineer’s Estimate and within the project budget. Staff will look to seek Council approval for the construction contract award in July. Septic systems, also referred to as Onsite Waste Water Treatment systems, are regulated by the State’s Water Board through the Local Agency Management Program or LAMP for short. The LAMP agency for the Town and Santa Clara County is the County’s Department of Environmental Health or DEH. Little over 40% of the Town parcels are on septic systems. Town residents looking to build ADUs and conduct major renovations are taken back by high costs to upgrade Page 10 their septic systems in conformance with the State’s LAMP requirements as enforced by DEH. Town staff had multiple meetings with DEH and Supervisor Simitian’s Office to better understand the situation. In general, what staff heard is that the County is enforcing the bare minimum requirement imposed by the State’s water board for Onsite Waste Water Treatment Systems. These minimum requirements are important to prevent failures and overflows from septic systems that could impact neighborhoods and the region. At this point, engaging and educating the developers and residents early in their planning stage to make the public aware of these septic requirements may be the key. Town staff will look to educate and advise the public and building permit applicants accordingly and reach out to the DEH early for compliance requirements. We will also look to gather and prepare septic design guideline materials to distribute to the public. E. City Manager Peter Pirnejad presented the following: 1. Update on Residential Burglaries through June 2024 2. Interns a. Behrouz (CMO), b. Jack (ASD), c. Jason (PW), d. Marcus (Planning), e. Candice (Building), and f. Ashley (Community services) 3. Finance Director Recruitment complete, offer made, and background check underway 4. AT&T has revised its proposal to transition from traditional telephone services to modern broadband networks based on feedback. The new proposal, AB 2797, exempts rural areas and urban areas without alternative services. It ensures reliable 911 access and emergency preparedness with backup power and educational outreach. 5. The Cyber Security Event (Technology Committee) is happening on the 23rd (This Sunday) from 2-4 PM 6. The review of the contracts is underway and we should have it complete shortly. 7. The next quarterly will be a combined Quarterly and Recreation Guide targeting August 8. July we will review the goals we put into motion in January 9. August we will be dark Budget Update 1. Please to present our Town’s first 2-year budget 2. We are pleased to present an operationally balanced budget meaning total resources including incoming revenues and the use of reserves equal planned expenditures and transfers out for capital projects. Page 11 3. Thank Staff a.Lack of staff in ASD for over a year. 4. Thank Drew and Fifi 5. Thank FIC and CC 6. Proud to Announce the Town of LAH has received the a.GFOA Distinguished Budget Presentation Award and b.Certificate of Achievement for Excellence in Financial Reporting 7. The total number of proposed positions for FY24/25 and 25/26 is decreasing from 28 to 2 12.REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES A.Status Report from All Council Members on Subcommittees and Outside Agencies Activities 1. Council Member Tyson invited everyone to an event at CHAC on Friday, June 21, 2024 Council Member Tyson made a motion to form an Ad Hoc Committee for the City Manager’s Performance Evaluation nominating Vice Mayor Schmidt and Council Member Swan to be on the committee. Vice Mayor Schmidt seconded the motion. Vote 4-0. 2.Vice Mayor Schmidt informed Council that an RFP is going to go out in the next few days to upgrade the library in Los Altos. 3.Mayor Mok spoke about the importance of Mental Health and informed Council that he attended an event with Council Member Tyson and City Manger Peter Pirnejad that provided great insight into the mental health crisis. Mayor Mok said one of the themes they discuss was “It is ok to not be ok”. 13.REPORTS FROM COUNCIL, COMMISSION, AND COMMITTEE-INITIATED ITEMS A.Duffy Price, a member of the History Committee, explained that she appreciated seeing the concept plans approved for the Heritage House. Mrs. Price also explained that the History Committee is going to be updating their archives needs with assistance from Jitze and Rajiv. She further thanked the Council for approving the budget in support of the Our Town Newsletter continuing. 14.ADJOURN The meeting was adjourned at 8:17 P.M. Respectfully submitted, Arika Birdsong-Miller