1 City Council Special Meeting Agenda
August 22, 2024
NOTICE TO PUBLIC
Any writings or documents provided to a majority of the City Council regarding any item on the open session portion of this agenda will be made available for public inspection in the City Clerk’s office located at 26379 Fremont Road, Los Altos Hills, California during normal business hours. These materials will also be made available on the City website at www.losaltoshills.ca.gov subject to Staff’s ability to post the documents before the meeting.
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference. Members of the City Council may participate remotely from time to time in accordance with the provisions of Government Code section 54953.
To attend the meeting in person:
City Council Chambers, 26379 Fremont Road, Los Altos Hills, CA 94022 To provide Public Comment in person:
Members of the public wishing to speak are requested to complete a speaker card and submit it to the City Clerk at the meeting.
To participate in the meeting via Zoom Video Conference, please follow the instructions below:
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council.
If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
If you wish to submit a public comment during the meeting, please use the following information.
Before speaking, please identify yourself by name and where you reside. The City Council meeting will be live-streamed on the Town’s website and via Zoom at the following location:
https://bit.ly/August22SpecialMeetingLAH
Webinar ID: 816 7374 8459
Passcode: 94022
Public testimony will be taken at the direction of the Mayor and members of the public may only comment during times allotted for public comments.
Town of Los Altos Hills
City Council Special Meeting Agenda
Thursday, August 22, 2024, at 1:00 p.m.
Council Chambers, 26379 Fremont Road
Los Altos Hills, California
REMOTE LOCATION:
8216 E. Orange Blossom Lane
Scottsdale, AZ 85250
2 City Council Special Meeting Agenda
August 22, 2024
1. CALL TO ORDER (1:00 P.M.)
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENT (Public Comment is Limited to Items which are the Subject of the Special Meeting)
5. NEW BUSINESS
Consideration of a Resolution Canceling the November 5, 2024, General Municipal Election and Appointing the Nominated Candidates to the Los Altos Hills City Council (Staff: A. Miller)
6. ADJOURN
ASSISTANCE FOR PERSONS WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk at 650-941-7222. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Copies of all agenda reports and supporting data are available for inspection at Town Hall, 26379 Fremont Road 72 hours in advance of the meeting.
A complete agenda can be found on the Town’s webpage: http://www.losaltoshills.ca.gov.
A complete packet of information is available for inspection during the meeting at the table to the back of the Council Chambers and online. Council may take action on any agendized matter in any manner deemed appropriate by Council.
TOWN OF LOS ALTOS HILLS August 22, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION CANCELING THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION AND APPOINTING THE NOMINATED
CANDIDATES TO THE CITY COUNCIL
FROM: Arika Miller, City Clerk
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Consider the following options:
1. Adopt a Resolution canceling the November 5, 2024, General Municipal Election and appoint Rajiv Bhaeja, Stanley Mok, and Linda Swan to the City Council for full four-year terms; or
2. Take no action and proceed with the November 5, 2024, General Municipal Election as scheduled.
BACKGROUND:
At the June 20, 2024, City Council meeting, the Council adopted Resolution 30-24 calling for the November 5, 2024, General Municipal Election and requested that the Town consolidate with the Statewide General Election. The municipal election is for the election of three Council Members for full four-year terms. The initial nomination period ran from July 15, 2024, through August 14, 2024. As of the close of the nomination period, Rajiv Bhaeja, Stanley Mok, and Linda Swan had been nominated.
DISCUSSION:
As provided in Elections Code Section 10229, the City Council may consider one of the following courses of action:
1. Appoint to the office the persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
A statement presenting the fact that there are no more candidates than offices to be elected and outlining the optional courses of action available to the Council is attached and has been formally presented to the City Council. A notice was also published in the Daily Post on August 15, 2024, pursuant to Elections Code 10229(a)(3) and also ABM
PP
Staff Report to City Council Page 2
Cancelling the November 5, 2024 General Municipal Election August 22, 2024
published in three public places in Town on August 15, 2024, after 4:00 p.m. A decision to cancel the election and make the appointments must be made by the 75th day before the election (i.e. August 22, 2024); otherwise, the election will be held. (Elections Code Section 10229(a)(3)).
The notice was published in the Daily Post, a newspaper of General Circulation in the County of Santa Clara, which includes Los Altos Hills. Government Code Section 6061 allows for publication to be made in any newspaper of general circulation as designated by the elections official. As there must be a 5-day waiting period between publication and the City Council meeting, the Daily Post was selected for publication.
If the Council makes appointments pursuant to Elections Code Section 10229, the City Clerk shall not accept filing any statement of write-in candidacy, which is submitted after the appointment is made.
Should the Council decide to cancel the election, a Resolution would need to be adopted to cancel the election and appoint Rajiv Bhaeja, Stanley Mok, and Linda Swan as Council Members. The Resolution would need to be delivered to the Santa Clara County Registrar of Voters by 5:00 p.m. on Thursday, August 22, 2024.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2024-25 CITY COUNCIL WORKPLAN:
Holding an election was identified under the current City Clerk priorities in the Council adopted Workplan.
FISCAL IMPACT:
The Town budgeted $40,000 to conduct the November 5, 2024, General Municipal Election.
To date the Town has incurred the following costs:
La Oferta; Costs for Translation and Legal Publication (Notice of Election posted in 4 languages in July 2024:
$4,480.00
Election Consultant- Diane Gladwell Less than or equal
to $2,900.00
Daily Post, Costs for Legal Publication $281.25
MCA Direct- Qualifying/Election Supplies $1,481.93
Total Spent as of August 16, 2024: Less than or equal
to $9,143.18
Staff Report to City Council Page 3
Cancelling the November 5, 2024 General Municipal Election August 22, 2024
The Santa Clara County Registrar of Voters Fee Schedule charges $1,464 plus the cost of legal publications for jurisdictions that do not go to the election due to insufficient nominees. The Town could potentially realize a General Fund savings of up to $29,392.82 should the November 5, 2024, election be canceled.
ATTACHMENTS:
1. Proposed Resolution
2. Notice that there are not More Candidates than Offices to be Elected
3. Proof of Publication in the Daily Post on August 15, 2024
4. City Clerk’s Certification that there are not More Candidates than Offices to be Elected
Resolution XX-XX Page 1
RESOLUTION XX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS CANCELLING THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND
APPOINTING THE NOMINATED CANDIDATES TO THE LOS ALTOS HILLS CITY
COUNCIL
WHEREAS, pursuant to §10229 of the Elections Code of the State of California, as of the close of the Nomination Period on August 14, 2024, there were not more candidates than offices to be elected and that §10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated; and WHEREAS, only three candidates were nominated for the three City Council seats to be filled at the November 5, 2024 election; and
WHEREAS, the City Council may now take action pursuant to No. 1 (appoint to the office the person who has been nominated) or No. 3 (hold the election if either no one or only one person has been nominated) above; and
WHEREAS, there are no other city offices to be filled at the November 5, 2024 election, and no city measure has qualified to be submitted to the voters at that election; and WHEREAS, the City Clerk has, on August 15, 2024, published the notice required by California Elections Code Section 10229; and
WHEREAS, the City Clerk has, on August 15, 2024, posted in three locations within Los Altos Hills the notice required by California Elections Code Section 10229; and WHEREAS, the City Council has determined that by appointing the officers as permitted by Elections Code Section 10229 the General Fund of the Town of Los Altos Hills will save approximately $30,000.00; and
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California the City Council now desires to appoint the three persons nominated for office of Councilmember, Rajiv Bhateja, Stanley Mok, and Linda Swan, to four-year terms as if they were elected at the November 5, 2024, General Municipal Election; and
WHEREAS, in accordance with Section 10229 of the Election Code, the appointments are made by the 75th day before the municipal election.
Resolution XX-XX Page 2
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby RESOLVE, DECLARE, AND DETERMINE as follows:
1. That pursuant to §10229 of the Elections Code of the State of California, the following action is being taken:
a. The following persons are being appointed to the offices for which they were nominated and are considered to be the same as being elected, pursuant to §10229(a)(3) of the Elections Code.
Rajiv Bhateja, Member of the City Council for a Four-Year Term Stanley Mok, Member of the City Council for a Four-Year Term Linda Swan, Member of the City Council for a Four-Year Term
2. The election scheduled to be held on Tuesday, November 5, 2024, is now cancelled.
3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
4. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
5. Direct the City Clerk to transmit a certified copy of the Resolution and all necessary documents to the Santa Clara County Registrar of Voters and Board of Supervisors.
6. Direct the Elections Official not to accept for filing any statement for write-in candidacy after the appointments are made.
7. Determine that this Resolution will become effective immediately upon adoption.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a Special Meeting held on the 22nd day of August 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
________________________________
Arika Birdsong-Miller, City Clerk
TOWN OF LOS ALTOS HILLS
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Municipal Election in the Town of Los Altos Hills to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 14, 2024, there are not more candidates than offices to be elected.
The persons so nominated are:
RAJIV BHATEJA
STANLEY Q. MOK
LINDA SWAN
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Council will meet on Thursday, August 22, 2024, at 1:00 p.m. to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Arika Miller
City Clerk
August 15, 2024
Thursday, August 15, 2024 Daily Post 31
NEWS
SUDOKU
Easy Difficult
Puzzles on page 29
661 El Camino Real, SAN CARLOS
(650) 486-1506 | impastosancarlos.com
Tue - Sat | 5 p.m. – 9 p.m. (for now)
We bring a taste of Italy to your table!
NOW OPEN
NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Municipal Election in the Town of Los Altos Hills to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 14, 2024, there are not more candidates than offices to be elected.
The persons so nominated are:
RAJIV BHATEJA
STANLEY Q. MOK
LINDA SWAN
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Council will meet on Thursday, August 22, 2024, at 1:00 p.m. to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Arika Miller
City Clerk
August 15, 2024
TOWN OF LOS ALTOS HILLS
NOTICE THAT THERE ARE NOT
MORE CANDIDATES
THAN OFFICES TO BE ELECTED
APPRAISALS
Local, Experienced, Certified
Appraisals/ Price
Opinions for
• Private Mortgages
• Estate/Trust Planning
• Prenuptial Asset Valuation
• Investment Properties
• Tax Assessment Disputes
• Divorce
• Dissolution/Division of Assets
• Estate Settlement
Contact Mark Nanevicz
at (650) 799-7923 or
[email protected]
paloaltoappraisal.com
Peninsula Civil War
Round Table Meeting August 20, 2024 at 11:30 a.m.
peninsulacivilwarroundtable.org
Harry’s Hofbrau
1909 El Camino Real,
Redwood City
Stephen Kirby on “Naval Warfare in the Valley
of the Mississippi River (1862-1865)”
3rd Tuesday of each month
(650) 651-5055 • [email protected] Be_Better_Do_Better 14U, 13U & 12U
Open Clinics/Gym
sessions start August 17th
October 25th & 26th
Blue Banner
Volleyball
TRYOUT
PREPARATION
Prepare Today,
Succeed Tomorrow!
BY BRADEN CARTWRIGHT
Daily Post Staff Writer
A driver allegedly hit two police
cars in Mountain View, led officers on
a chase and then rammed into another
police car in Palo Alto before he was
arrested, police said yesterday.
Jose Josue Francisco Albino, 22, of
Daly City, allegedly hit the first police
car on Aug. 8 at 2:26 a.m., police said.
The police car was parked at the intersection of Franklin Street and Villa Street in downtown Mountain View,
and Francisco Albino was allegedly
driving under the influence, police said.
Francisco Albino intentionally hit
another Mountain View police car as
he was fleeing, and then he rammed a
Palo Alto police car that disabled his
own car, Capt. Scott Nelson said.
Damage, arrest
One car had major damage, including a broken axle, and an officer had pain and swelling in his arms from the
crash, Nelson said.
Francisco Albino was arrested for
DUI, assault with a deadly weapon, hit
and run, fleeing police and driving the
wrong way.
Police: Man rams
squad cars, flees
TOWN OF LOS ALTOS HILLS
CITY CLERK’S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED
I, Arika Birdsong-Miller, City Clerk of the Town of Los Altos Hills, do hereby certify that pursuant to § 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 14, 2024, there are not more candidates than offices to be elected.
The persons so nominated are:
RAJIV BHATEJA
STANLEY MOK
LINDA SWAN
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the persons who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
A notice of these facts was published on August 15, 2024, in a newspaper of general circulation in the Town pursuant to § 6061 of the Government Code and posted on August 14, 2024 after 4:00 p.m. in three public places in the Town of Los Altos Hills. After the fifth day following the date of publication, the City Council will meet to either make the appointments or direct an election to be held. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes the appointments pursuant to § 10229 of the Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
____________________________________
Arika Birdsong-Miller, City Clerk
August 15, 2024