Friday, March 16, 2007

First hand experience waiting for a stall.

We have lived in LAH for 26+ years and have owned horses a great deal of that time. Our girls were on a waiting list for stalls at Westwind Barn for two years and we finally gave up and built our own barn at home. This list, which was run by Friends of Westwind, was a sham. It was not made public - and we saw many many non-residents move into the Barn ahead of us. After many requests... and many years.... this list is STILL not made public. We were extremely naive about this - but finally realized FOW was running Westwind as a private club for their friends (the vast majority of whom were non- residents). The interesting thing about this is that Westwind Barn is LOS ALTOS HILLS TAXPAYER FUNDED. I'm not in favor of my LAH RESIDENT taxes funding a private club which consists of over 75% NON- residents. It just makes no sense - and I strongly feel our Council is not acting with the best interest of our Town in mind when they allow FOW to continue this farce. FOW has defaulted on their (sweetheart) agreement, but the Council continues to insist on letting them continue to manage the barn.

There is a Town Committee set up to look at Westwind Barn - but they were not allowed to consider other forms of governance. I understand that if residents cannot fill the barn, the remaining stalls could be offered to non- residents, but there should be clear and positive first benefit to residents - with residents making the rules. The private club continues - and local taxpayers continue to fund it. Westwind Barn could (and should) be a showcase facility in Los Altos Hills - and should, foremost, be benefitting the residents who fund it - OUR residents.

The non-residents are in positions of authority - and have made the majority of the decisions. Can you imagine if a LAH resident went to Los Altos or Mountain View and told THEM how a facility in THEIR town was going to be run? It just wouldn't happen - and I think our Town Council has a lot of explaining to do here. Why are the Council Members not making sure OUR tax money is benefitting OUR residents? They have a fiduciary duty to do this - and they are failing.

Shari Emling

Research on status of Westwind Barn and Friends of Westwind

Friends,

I need to clarify some remarks made in the previous email regarding Westwind Barn and Friends of Westwind. This email, will provide additional information, but also invites informative responses from others with a different point of view. All responses will be posted on the Hills2000 BLOG, available through the Hills2000 home page http://www.hills2000.org/ or directly at http://hills2000.blogspot.com/. This BLOG is moderated, so please make your submissions through webmaster@friendsofthehills.org.

Why is this the right time to review the management of Westwind Barn?

For many, Westwind Barn and Byrne Preserve represent the visible picture of Los Altos Hills. The rural nature, open space, and pathway system, all come together to say who we are. For this reason, many of us feel that it is important to spend the $500,000 or more needed to renovate the barn. The City Council and Community Leaders have a responsibility to fulfill their fiduciary duties to the community and exercise sound business judgment and follow established management practices in a manner they believe to be in the best interests of the community. Don’t we, as members of the community also need to review the operation of the barn and ask the question of whether the needs of the public are being met?

Friends of Westwind is a private club that represents the interests of its members. It’s unrealistic to assume that some minor changes to the bylaws will change the goals of the organization. An operating agreement is being proposed that makes changes to the election process, but no changes to the current board. There is every reason to assume that Friends will continue to operate in its own interests.

The Town is reviewing the current lease, and considering an operating agreement that is being offered exclusively to Friends of Westwind. Before the LAH council puts their signature onto a new contract they have a responsibility to ensure that Westwind be run responsibly and that it presents an open and friendly atmosphere that meets the needs of LAH residents.

Background.

Friends of Westwind have operated the barn for the last 29 years and have benefited from a very favorable lease from the Town. The lease has been renegotiated regularly, and the bylaws of Friends have changed from time to time to provide more influence to the non-resident boarders. The non-residents, which currently comprise over 75% of the boarders largely operate and control the barn. The website http://www.westwindbarn.com/Documents.htm provides a copy of the current lease and bylaws labeled “Current Lease” and “1998 Bylaws.”

Friends of Westwind do not run the events that we are most familiar with. The Town with the permission of Friends runs annual events including Earth Day, Fun Run, and the Barn Lighting. The Town runs the Year-Round Riding Program with the Town requesting arena time from Friends. 4-H for the Handicapped runs its handicapped-riding program with specific accommodations dictated by the lease. None of these activities actually requires boarding in the barn.

Friends of Westwind holds a 10-year lease, however, due to recent lawsuits against Friends and the Town, Friends is in technical default, and the Town is looking to change the current lease. The Town is under negotiation with Friends on an operating agreement, the terms of which are being discussed in closed session of the city council. An early draft has been made public.

A Lawsuit against Friends of Westwind addresses pay and overtime.

In early 2006, problems with living conditions for the two ranch hands employed by Friends of Westwind was made public in the San Jose Mercury. It turns out that this is not a new issue as evidenced by a letter from Friends to the LAH City Council in 2001. (See http://www.westwindbarn.com and click on “Click here to read the FOW response in 2001 to the same issues.”) As a result of the Mercury article, the Town investigated the living conditions, and found the housing unsafe. Consequently Friends evicted the ranch hands with just hours’ notice. One ranch hand had been employed and resident at the barn for 15 years and the other over 5 years. The ranch hands initiated a lawsuit .

The ranch hands lived at the barn in order to accommodate a Lease requirement to provide 24-hour on-site coverage at the barn. Without getting into the legal details, the question as to whether the ranch hands were paid for the off-time hours they were required to be on-site and off-time hours spent tending to the needs of the horses, is a key issue in the lawsuit. (Numerous articles have appeared in the local papers, a rather complete compilation appears at http://www.westwindbarn.com. )

The question as to whether Friends can require its ranch hands to be on-site for specific hours, respond to horse needs as they occur, and not pay them for that time, is currently being litigated. This is a complex legal question, which includes issues with housing, but regardless of the legal outcome, this is simply not the standard that the Town should expect. For the council to say that a private club has the right to handle its own employee issues begs the question of who negotiated the contract with Friends, and who is looking to negotiate another contract without sufficient oversight.

What about the stories of starving horses?

Without making any interpretation about starving, let us just look at the facts pertaining to the Friends of Westwind disciplinary actions against one of its members and that member’s horses. A member of Friends of Westwind for the last 10 years, and a Board member for 5 years had lost favor with the current board for disrespectful remarks to the barn manager -- although specific accusations were never made. The bylaws of the Friends of Westwind, allows for a hearing where the charges are made and remedies up to and including expulsion can be made.

The barn manager, on December 30, 2006, provided a 3-day notice to this member requiring her to remove her two horses, which at that time were boarded and receiving 5 and 6 flakes of hay respectively. She asked for a hearing before the board to hear the complaints. She and her lawyer were excluded from a closed session hearing. The result of that hearing is the letter already posted to the Hills2000 BLOG which states in part, “we will provide the following service for your horses: 2 flakes of hay per day, unlimited access to water, and cleaning of the stalls.”

Also of interest in this letter from the Friends Board is the section stating, “All disciplinary proceeding in our organization are to be conducted in private. Our organization has the right to conduct any investigation related to disciplinary issues internally. Neither Friends of Westwind, Inc, nor any of its members have the right to make public any information pertaining to such issues. Please note that this right to privacy applies to both parties even after a member has been expelled.”

Friends may have an issue with one of its members, however there are legal ways to handle these problems. There is no justification to reduce the feed to horses under their care by 66% rather than seek legal remedy.

While this may be legal in a private club, it is certainly inconsistent with the open and friendly atmosphere many of us hope to see at a Town owned facility. We thank the horse owner for releasing these letters to the Town, the papers, and us.

Your comments and research are requested.

Once again, there is another side to each argument. You are encouraged to do your own research. We will BLOG any opinion and research we receive.

I’ve conducted the research herein, the opinions expressed are mine, and I will make every effort to correct inaccuracies.

John Harpootlian

Sunday, March 11, 2007

Friends of Westwind member response

January 22, 2007


Ulli Sharma, President
Friends of Westwind Community Barn
27210 Altamont Road
Los Altos Hills, CA. 94022


RE: MEMBERSHIP TERMINATION


Ms. Sharma:

I received your letter dated January 21, 2007. I have repeatedly attempted to resolve this matter in a civil and professional manner. You and other board of directors and the current barn manager continue to escalate and inflame the matter.

Clearly there are some personal issues that are beyond my control. However, I am quite shocked that you would now attempt to harm my horses. As you are aware Tex and Brice each receive 5 flakes and 6 flakes of hay per day respectively. Brice also receives 2 pounds of pellets in the morning and 2 pounds of pellets in the evening to maintain his weight.

To limit their rations to only two flakes of hay per day is inhumane and amounts to cruelty to animals. Additionally, denying them their daily turnouts will also cause undue stress.

I have followed all rules and regulations with regards to Westwind Barn policies and procedures. I have attempted to determine what the so-called evidence against me is. Despite my requests, you have failed to provide me this information.

I attempted to get this information at the hearing on January 19, 2007. Again, you denied me access to this information. You have violated my civil rights, you have denied me due process and now you have the audacity to deny me free speech. This conduct is outrageous.

At the hearing of January 19, 2007 you attempted to deny me my lawyer’s presence. You also denied me my fundamental right to confront my accuser and stated that Mr. Bisono would not be present.

Additionally, you stated that you decided during the meeting of January 19, 2007 at the Los Altos Hills Town Council Chambers (of which I have a video-tape) that you decided my membership would be terminated. We have video proof that you adjourned that meeting, therefore any “secret” meeting you had on Los Altos Hills Town Council property to determine my dismissal was unlawful. All meetings of the board of directors must be specially noticed and posted.

You have caused me undue hardship and severe emotional distress.

I once again request that you cease and desist. Any change in my horse’s routines will be reported to the SPCA and appropriate legal action will be taken.

Sincerely,




Name withheld

Friends of Westwind terminates a membership

Ulli Sharma
President, Friends of Westwind
27210 Altamont Road
Los Altos Hill, CA 94022

January 21, 2007

To:
Name withheld

Re: Termination of your membership

Dear :

I regret to inform you that the Board of Directors of Friends of Westwind, Inc., has voted by unanimous decision to terminate your membership in our organization. This decision was made on January 19, 2007, and is effective immediately.

The reasons for this decision are as follows:

1) During the special board meeting on Jan. 10, 2007, which had been requested by you for the specific purpose of discussing the disciplinary charges brought against you, you refused to cooperate with requests made by the board. All persons present at a meeting of our organization have an obligation to obey the legitimate orders of the presiding officer. Failure to do so can result in expulsion from the organization.

2) All disciplinary proceedings in our organization are to be conducted in private. Our organization has the right to conduct any investigation related to disciplinary issues internally. Neither Friends of Westwind, Inc., nor any of its members have the right to make public any information pertaining to such issues. Please note that this right to privacy applies to both parties even after a member has been expelled.
While our investigation of your situation was pending, you chose to disclose information pertaining to the disciplinary charges brought against you to the Los Altos Hills Horsemen's Association. Furthermore, you have disclosed information about these proceedings to the councilmembers of the Town of Los Altos Hills in writing. Additionally, you have personally appeared at the Los Altos Hills Town Council meeting on January 11, 2007, to complain about Friends of Westwind, Inc. Such behavior is unacceptable for a member of our organization and can result in expulsion from our organization.

3) You were given a written 3 Day Notice to remove your horses from Westwind Barn on December 30, 2006. As of today, January 21, 2007, you have not complied with the notice. On the contrary, you have responded in writing declaring that you have no intention of complying with the notice. Such conduct is in direct violation of the rules of our organization, which you chose to accept when you first joined our organization, and which you again actively chose to accept and abide by every year since then when you renewed your membership agreement on an annual basis.

An organization has the right to require its members to conduct themselves in a manner that is not injurious to the organization. Your conduct has failed the standard which we expect from our membership.

I am again asking you to remove your horses from the premises of Westwind Barn immediately. Until you do so, we will provide the following service for your horses: 2 flakes of hay per day, unlimited access to water, and cleaning of the stalls. No additional services such as grain, blanketing or turnout will be provided by Friends of Wetswind, Inc. and our staff. You will be billed at the prevailing daily rate for every day your horses have been at the barn since January 3rd, 2007, up to and including the day you remove them from the barn.

Sincerely,


Ulli Sharma
President, Friends of Westwind

Saturday, January 27, 2007

Our Council's resolution asked them to create petition

Craig et al. -
The only business of the County Committee, until we showed up, has been to approve/disapprove completed petitions based on the 9 criteria. Our Council's resolution was asking them to create a completed petition which would then be evaluated against the 9 criteria. Not one committee member, and staff did not provide much guidance, indicated that they were aware that this was the case. They were in their County Committee mindset.

Part of the job that we were asking them to take on was to define the territory. Different definitions would result in different student head counts. Since no territory definition was specified, no one knew what the actual head count was. The head count argument at this point was, at best, a red herring.

One committee member said that the Council's resolution was too narrow. Hogwash. The Council's resolution merely included the Council's preferences. In my opinion the resolution's contents, other than the request for reorganization, in no way constrained the County Committee, contrary to what that member said.

My overall take was that the members of the County Committee did not want to take on this legally defined, yet novel, task. It appeared that "Any excuse to sink it!" was their motto.

- Steve

P.S. The best reason that was presented for voting us down was that there were no signs that the students were being underserved educationally. If we want success going forward we have to strongly demonstrate that they are being underserved by the current arrangement. This is not new information.

Friday, January 26, 2007

Ladies and Gentlemen of the Committee:

In observing the presentations and discussions at the last meeting on this subject held in November, numerous competing factors operating in the decision process became abundantly clear:

1. Many citizens of Los Altos Hills are outraged over the treatment received at the hands of the Los Altos School District trustees over a period of thirty years. These citizens feel a loss of community that comes from absence of a neighborhood school.

2. Many other citizens of Los Altos Hills, not affected by the past and recent closure of the schools, are quite satisfied with the existing school district.

3. The citizens of Los Altos Hills cannot cure the problem themselves because they hold only 15% of the total district voting power. Even a Trusteeship, while helpful, would provide only one vote on a five person board.

4. The LASD seems to feel that reopening Bullis school in some form will cure the dissatisfaction problem. The outraged citizens no longer trust the LASD to keep its promises.

5. The affected school districts oppose any redistricting, fearing loss of revenue or loss of control over district boundaries.

6. The Committee is reluctant to add a new district, preferring to consolidate districts rather than spinning off new districts.

7. Some committee members question the metrics behind the formation of a new district. Los Altos Hills believes the metrics are sound.

Given these competing forces at work, a rational decision to redistrict or not to redistrict seems almost impossible to achieve. Any definitive decision will leave at least one party, and possibly more, very unhappy. The committee is being asked to figuratively cut the baby in half, almost like King Solomon of biblical times.

While I strongly support the redistricting request if it can be achieved, a negotiated solution agreeable to all parties seems to be more achievable. Such an agreement must be binding and not rescindable in a year or so at the whim of any party. A rudimentary draft of a "Good Outcome" (GO) Plan is now in existence, and should be built upon.

My plea to you, the Committee, is to take an active role in fixing the very real school problems facing the citizens of Los Altos Hills. Whether the fix is redistricting or a negotiated agreement, the results of the past four years have proven that we need your strong hand to achieve a good outcome. Please do your duty to the good citizens of Los Altos Hills. Thank you for your conscientious duty and for your support.

Sincerely yours,

James W. Steiner,
PresidentHILLS2000/Friends of the Hills

Monday, December 11, 2006

Bullis-Purissima Soccer Fields

KEEP LAH FIELDS FOR COMMUNITY AND KIDS ALERT
From Scott Vanderlip
December 10, 2006

Dear Los Altos Hills Residents –

I am concerned about potential loss of community school field space at the Bullis Purissima school site. Although the final LASD plans and any use agreements for the Bullis Fields from LASD are still not finalized for their remodel phase, I think it is important for concerned members of the community to be involved of various options they are proposing since they are under a very tight deadline to submit plans to start construction changes in June 2007. It is important to stress that we don’t know what LASD and LAH Town council will determine for the fieldsm but discussions are certainly underway and it would be helpful if the LAH community was well informed and involved in this important community asset. I hope that I am not too early with this alert but I don’t want to be too late either and be stuck with a decision that Los Altos Hills residents will be sorry they were not better informed about for the next decade or two. This item is planned to heard on the December 14th LAH council meeting agenda.

The Los Altos School District (LASD) is considering significant changes to the community playing fields at the Bullis-Purissima campus and potentially offering exclusive use of those fields for high school aged club soccer organizations as part of the planned remodel project starting in June 2007.

Although this is still in the proposal stage, the only real proposal on the table right now includes:

(1) Extensive grading of the two top Bullis fields into one large field to enable creating one large, artificial turf field that is big enough to support year round high school aged competitive soccer or even possibly a NCAA sized field.
(2) MY-LA Youth Soccer Association (club soccer) has offered to help fund the redevelopment of the fields in exchanged for exclusive use of them during non-school hours. (See emails and plans below)

A big lose for our community
This would be a significant lose-lose for our community and our kids. The Bullis site is the last of the LAH public and accessible community fields (other than the Purissima Little League fields where general public access is limited ) where the community can use the fields after hours for everything from playing catch to flying a kite or organized sports and community uses. This proposal could potentially change the field use from a community field area to primarily a highly used field for out of town high school aged competitive soccer leagues. Big fields (110 Yards) for high school aged soccer activities are hard to find and this field would likely be highly used by these older players.

High School Size or NCAA astro-turf field not needed for K-6 School
The Bullis elementary school site does not need a high school sized (110 Yards by 65 Yards) or NCAA sized artificial turf soccer field for it own K-6 school purposes. This larger field is not necessary to accommodate school PE program, or the younger AYSO soccer organizations games and practices that currently serve more LAH community members than the older MV-LA Youth Soccer organizations or even other organized sports and community activities.

The Town of Los Altos Hills and Los Altos School District should not allow our last precious field and park space to be redeveloped into a high school or adult size all weather/high use soccer field that gives club soccer organizations exclusive use of the fields while limiting community use of the last remaining community field and park space.

Schedule for field redevelopment
LASD is currently moving quickly to submit remodel plans to the state architects office by January 2007 and part of the plans they will be submitted will include this field re-grading project necessary to create this larger soccer field. The field redevelopment project could start as early as June 2007 along with the proposed site redevelopment . This item is suppose to appear on the Los Altos Hills Council agenda on Thursday December 14th since the town may be involved in some of the permitting process. Other financial and use agreements are being discussed between LASD and LAH concerning use of the fields although they have not been made public at this point yet.


Other proposals and costs:
No other proposals are on the table currently that look at simply restoring the top two fields to regular turf fields or proposals that look at other creative uses of the field sites to benefit Los Altos Hills park and recreation community uses. The extensive cost to re-grade the two fields into one field level to create one large soccer field is part of the 10 million dollar site renovation plan using school bond monies. These limited school bond funds should be used for school or fields improvements that can benefit primarily the school aged children during school hours and the local Los Altos Hill community after-school hours. Using our tax dollars to help create a regional club soccer center is not an appropriate use of our school tax dollars.

Field Design:
The current proposal involves a year round, high use artificial-turf solution rather than natural turf. This type of surface is specialized for certain sports and yet it often limits other uses and the original proposal submitted over a year ago included a fence around the field to control access and protect the fragile artificial-turf surface. This is not a field for the Sunday afternoon fly your kite in the neighborhood with your son or daughter.

Other Options:
Field space and flat park space is very scarce in Los Altos Hills, and the BP site is uniquely situated to develop multi-purpose field space and even other natural community park environments. One proposal might be to first restore the lower level turf field to a level acceptable for both soccer practice and games and other field sports and then develop the upper field into both a smaller turf field and other natural wild park / recreation area. We need to explore alternatives for the fields and how to make the best possible school and community use of the fields.

Call to Action:
If you feel the last remaining field space in Los Altos Hills should be better utilized for our school aged children and the Los Altos Hill community, then please stay informed. Most of the decision will rest within the LASD school board but certain permitting issues maybe within the control of the Town of Los Altos Hill.
For additional information, please contact Scott Vanderlip at (650) 948-6455 or by email at scott@inet-sciences.com. This item is suppose to appear on the Los Altos Hills Town Agenda on December 14th, 2006.



References:
To further provide credibility for this current proposal, I have listed two references articles. The first is an email exchange that was obtained from the Freedom Of Information Act (FOIA) requested from the LASD school district. The email shown below is a forwarded email from Rodney Robinson (President of the MV-LA Youth Soccer Association to Randy Kenyon (LASD) and then the forwarding and notating that email to the LASD board of trustees. The second is the current set of plans for the Bullis site remodel that shows the high school sized field and optionally the NCAA sized field after grading the top two fields into one larger field.

Reference 1: Email From Rodney Robinson to Randy Kenyon to LASD board of Trustees
--------------

FROM: Randy Kenyon
Sent: Wednesday 7/12/2006 1:27 PM
Subject: FW: Bullis Field development

Fyi: Rodney is the president of MV-LA Youth Soccer Association (club soccer) who presented a proposal to us about a year ago. They would renovate and remodel the fields at Bullis in exchange for exclusive use of them during non-school hours.

Randy Kenyon
Los Altos School District


---- Original Message -----
From: Rodney Robinson
Sent: Thursday, July 6, 2006 7:24 AM
Subject: Bullis field development

Randy –

I am checking in to see if it is a good time to move our Bullis soccer field redevelopment proposal forward. I understand that LASD is reopening Bullis in 2008, we would be delighted to donate funds to redevelop the field.

Let me know if the district is open to working with us. We can be flexible on the use agreement, as we are simply trying to increase the field capacity in the community which will benefit us as well.

Rodney Robinson


------

Reference #2 – Bullis Elementary School (Preliminary Grading Plan: Phase 1- November 8, 2006) This is one document scanned into two graphics.



Figure 1 – Western side of Bullis Site showing fields – The text in the field says “ HIGH SCHOOL SIZED SOCCER FIELD AT 65YD x 110 YD [DASHED]



Figure 2 – Easterly side of Bullis