HomeMy WebLinkAbout8/18/2016 (2)i Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, August 18, 2016
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
CALL TO ORDER (6:00 P.M.)
Mayor Harpootlian called the meeting to order at 6:05 p.m.
A. Roll Call
Present: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning
Director Suzanne Avila, Public Works Director/City Engineer Richard
Chiu, Administrative Services Director Pak Lin, Senior Engineer Tina
• Tseng, City Clerk Deborah Padovan
B. Pledge of Allegiance
L
Eden Rose Murray, Los Altos Hills led the pledge of allegiance.
1. AGENDA REVIEW
Mayor Harpootlian removed Item 4.1) from the Consent Calendar and stated it would not
be discussed. There were no other changes to the agenda.
2. PRESENTATIONS AND APPOINTMENTS
Judy Miner, Chancellor of Foothill-DeAnza College introduced Thuy Thi Nguyen as
the new president of Foothill College.
Ms. Nguyen introduced herself to the City Council and stated she looked forward to
continuing Foothill's strong working relationship with the Town.
The Council welcomed Ms. Nguyen. No action was taken.
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A. Reappointments to the Parks and Recreation Committee
City Clerk Deborah Padovan presented a request for three individuals to be
reappointed to the Parks and Recreation Committee.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to reappoint
Kathy Evans, Patty Radlo and Julia Zarcone to the Parks and Recreation
Committee for a third, four-year term. The motion was seconded by
Councilmember Corrigan.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Corrigan, Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
B. Reappointment to the Environmental Design and Protection Committee
City Clerk Padovan presented the reappointment of Wal Lee Wong to the
Environmental Design and Protection Committee.
MOTION MADE AND SECONDED: Councilmember Spreen moved to
reappoint Wai Lee Wong to the Environmental Design and Protection
Committee for a second, four-year term. The motion was seconded by
Councilmember Radford.
Motion Carried 5 to 0:
AYES: MUor Vice Mayor Waldeck, Councilmember
Corrigan, Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
C. Appointment to the Environmental Initiatives Committee
• City Clerk Padovan introduced the item.
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0 Drew Grewal, Los Altos Hills, introduced himself to the City Council.
•
MOTION MADE AND SECONDED: Councilmember Spreen moved to appoint
Drew Grewal to the Environmental Initiatives Committee for a four-year term.
The motion was seconded by Vice Mavor Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Corrigan, Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
D. Appointments to the Youth Commission
City Clerk Padovan introduced the item.
Jai Bahri, Los Altos Hills, introduced himself to the City Council.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
appoint Jai Bahri and Claire Young to the Los Altos Hills Youth Commission.
The motion was seconded by Councilmember Radford.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
E. Appointment to the Los Altos/Los Altos Hills Library Commission
City Clerk Padovan introduced the item.
Rebecca Coleman, Los Altos Hills, introduced herself to the City Council.
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August 18, 2016
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
appoint Rebecca Coleman to the Los Altos/Los Altos Hills Library Commission.
The motion was seconded by Councilmember Spreen.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
F. Appointment to the Pathways Committee
City Clerk Padovan presented the item.
Council discussion ensued on the Code of Conduct.
Peter Brown, Los Altos Hills, introduced himself to the City Council.
• Les Earnest, Los Altos Hills, explained why he wanted to serve on the committee.
Andrew Kirk, Los Altos Hills, introduced himself to the City Council.
Rachelle Mirkin, Los Altos Hills, introduced herself to the City Council.
City Clerk Padovan distributed and then collected the ballots for the Pathways
Committee and stated that Rachelle Mirkin received the majority of votes.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
appoint Rachelle Mirkin to the Pathways Committee for a four-year term. The
motion was seconded by Councilmember Radford.
Motion Carried 5 to 0:
AYES: Mayor Ha000tlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
I* ABSTAIN: None
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! G. Introduction of Santa Clara County Sheriffs' Office Traffic Officer
Santa Clara County Sheriff Captain Rich Urena presented traffic officer Deputy
John Prado and provided an overview of the sheriff s role in Town.
Council asked questions of Captain Urena and received his responses. No action
was taken.
3. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Council
on any subject not on the agenda may do so now. Please complete a Speaker Card
located on the back table of the Council Chambers and submit it to the City Clerk.
Comments are limited to two (2) minutes per speaker. California law prohibits the
Council from acting on items that do not appear on the agenda. Under a Resolution
previously adopted by the Council, such items can be referred to staff for
appropriate action, which may include placement on the next available agenda.
There were no presentations from the floor.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Councilmember Radford moved to approve
the CONSENT CALENDAR, with the exception of Item 4.D, as follows: The motion
• was seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
A. Approval of Regular Meeting Minutes: City .Council Regular Meeting - June 16,
2016
B. Approval of Special Meeting Minutes: City Council Special Meeting - July 20,
2016
C. Approval of Regular Meeting Minutes: City Council Regular Meeting - July 21,
2016
D Resolution A....epfi,.t a !'gash Donation of $40,000 to the Town _of_Los Altos Hills
for- tYYI+�'i'trehase of —Sochipture to Enhance tit knage of the Los Altos Hilus
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August 18, 2016
Genununity (Staff. P. Lin) This item was removed from the agenda and not
considered.
E. Resolution 47-16 Approving Sewer Service Charge Refund to the Property Owner
at 11040 Eastbrook Avenue (Staff: R. Chiu)
F. Resolution 48-16 Accepting Grant of Pathway Easement; Lands of Banatao,
26810 Ortega Drive (Staff R. Chiu)
G. Resolution 49-16 Accepting Dedication of Right -of -Way Easement; Lands of
Banatao, 26810 Ortega Drive (Staff: R. Chiu)
H. Resolution 50-16 Establishing a Preferential Parking District on Mora Drive
Between Sunhills Drive and Terry Way (Staff: R. Chiu)
I. Notification of Fast Track Approval: Lands of Wu Family Trust; 13210 Sunset
Drive, East; A request for a Site Development Permit to demolish an existing
residence and construct a new 6,312 square foot residence with a 1,908 square foot
basement, a relocated swimming pool and related hardscape improvements;
CEQA Review: Categorical Exemption per section 15303(a) -construction of a
new single-family residence in a residential zone district (Staff. S. Avila) Appeal
• Deadline: Wednesday, August 24, 2016 at 5:00 p.m.
J. Notification of Fast Track Approval: Lands of Nashashibi; 28008 Laura Court; A
request for a Site Development permit for a 6,689 square foot new two story
residence with a 2,955 square foot basement, a 978 square foot second unit and a
swimming pool; Categorical Exemption per section 15303(a) -construction of a
new single-family residence or a single-family residential structure and Section
15303(e) accessory structures including swimming pools (Staff. S. Avila) Appeal
Deadline: Wednesday, August 31, 2016 at 5:00 p.m.
K. Resolution 51-16 Accepting an Open Space Easement; Lands of Banatao; 26810
Ortega Drive (Staff. S. Avila)
As it was before 7:00 p.m. the Council first considered Item 6.A.
6. ONGOING BUSINESS
A. Consideration of Policy for Pathway Construction Cost Cap (Staff. R. Chiu)
Public Works Director Richard Chiu presented the staff report.
Council discussion ensued.
Eileen Gibbons, Los Altos Hills, questioned if this is a problem that needs to be
solved.
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Sue Welch, Los Altos Hills, was not in favor of the policy.
Allan Epstein, Los Altos Hills, said that there should be consideration that when
the costs are well in excess of what other people are required to pay, that some
consideration is given in that regard.
Nick Dunckel, Los Altos Hills, encouraged the Council to establish a high
threshold for changing the process that has worked well for the last 50 years.
Gerda Crystal, Los Altos Hills, questioned that shouldn't the cost of pathways be
square one?
Further Council discussion ensued.
Vice Mayor Waldeck suggested that Councilmember Corrigan form an ad hoc
committee; figure it out and come back with a proposal.
Councilmember Radford also suggested the formation an ad hoc committee to
review the issue.
There was Council consensus that Councilmembers Corrigan and Spreen review
the matter and return to the Council with recommendations. The subcommittee is
welcome to invite a Pathways Committee member to join them.
5. PUBLIC HEARINGS
Ex Parte Communication: Councilmember Corrigan stated that she had coffee with the
Feeneys; Councilmember Spreen said that he also met with the Feeneys;
Councilmember Radford had no contact; Vice Mayor Waldeck had no contact; Mayor
Harpootlian also had no contact and nothing to report since the last meeting.
A. Hearing to Consider Protests Against Territory Designated as Mora Glen Drive
No. 1, Approximately 8.48 Acres Located on Mora Glen Drive and Mora Drive
(APNs 331-14-017, 331-15-017, 028, 029, 041 and 041); File #67-16-Misc (Staff:
S. Avila
Mayor Harpootlian opened the public hearing.
Planning Director Suzanne Avila presented the staff report, including a revised
resolution that contained some additional findings. At this point, based on the three
valid protests received, an election is not required.
Karen Jost, Unincorporated Santa Clara, stated that she submitted a waiver so
that it was on the record. She doesn't oppose annexation to the Town, but felt her
neighborhood was being torn apart.
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August 18, 2016
Hal Feeney, Unincorporated Santa Clara County, expressed his opposition to
the annexation.
Mary Jo Feeney, Unincorporated Santa Clara County, expressed her displeasure
in the annexation.
Mayor Harpootlian closed the Public Hearing.
City Attorney Mattas said the City Council has received one group of protest for
three property owners, which are appropriate and should be counted as protest. The
three registered voter protests do not meet the 25% protest threshold required and
the City Council could adopt the resolution that would order the reorganization of
the territory designated as Mora Glen Drive without an election.
Mr. Feeney returned the podium and asked the City Attorney to explain why he
was not subject to the waiver.
City Attorney Mattas stated that this particular annexation was formally initiated
by the City Council. It is correct that Mr. Burch did request service. LAFCO
requires that there be a connection when service is provided. LAFCO has also
advised that they would not provide any out -of -agency service agreements. The
Council by adoption of a resolution, actually initiated the annexation and is
. compliant with the terms of the sewer agreement.
Mr. Feeney said that the area being annexed in the Mora Drive sewer agreement is
not the area that is actually being annexed. City Attorney Mattas stated the sewer
agreement does not define the term area to include all of the properties and does not
require the annexation of all properties at one time.
City Manager Cahill stated that staff is working on the annexation of the
remaining area, but there are geo-technical issues on Eastbrook. Town staff
is working with the County to further investigate those issues.
Mr. Feeney said that it is difficult to believe that the Linebarger property been
purchased without constructive knowledge of the sewer agreement. Mr. Mattas
concurred that the notice was an issue as the agreement was not recorded until just
recently.
Further Council discussion ensued.
City Manager Cahill said he spoke with the LAFCO Executive Director and they
confirmed they are not going to administratively approve any more out -of -agency
service agreements. The LAFCO commission is on record saying that as well. We
are making progress on the overall annexation.
iCity Attorney Mattas said that a city is not authorized to provide services outside
of its jurisdictional boundaries without LAFCO approval.
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Ms. Bostick provided an explanation of the contact with the County to date and
provided a status update about their current septic system.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to adopt
Resolution 52-16 Ordering the Reorganization of the Territory Designated as Mora
Glen Drive No. 1 Without Election. The motion was seconded by Councilmember
Radford.
Motion Carried 4 to 1:
AYES: Mayor Harpootlian, Vice Mayor Waldeck,
Councilmember Corrigan, Councilmember Radford
NOES: Councilmember Spreen
ABSENT: None
ABSTAIN: None
0 (The motion was amended — see page 10)
B. Introduction (First Reading) of an Ordinance Amending Sections 10-1-503 And
10-1.1007 of the Los Altos Hills Municipal Code Modifying Development
Regulations for Substandard Lots; File #342 -15 -Mise; CEQA Review: Categorical
Exemption Per Section 15061(B)(3) (Staff --S. Avila)
Mayor Harpootlian opened the Public Hearing.
Planning Director Suzanne Avila presented the staff report.
Abbie Bourgan, Los Altos Hills, spoke in opposition of the proposal.
Reza Ahy, Los Altos Hills, was not in support of the proposed ordinance.
Norman Happ, Los Altos Hills, was opposed to the proposed regulations.
Mayor Harpootlian closed the Public Hearing.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to waive
reading and introduce Ordinance 566 amending Sections 10-1.503 and 10-1.1007 of
the Los Altos Hills Municipal Code, with the requirement that the second reading of
the ordinance shall be fully noticed. The motion was seconded by Councilmember
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August 18, 2016
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Radford.
Motion Carried 4 to 1:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Harpootlian, Vice Mayor Waldeck,
Councilmember Radford, Councilmember Spreen
Councilmember Corrigan
None
None
Council recessed at 8:50 p.m.
Council reconvened to open session at 8:57 p.m.
City Attorney Mattas asked that the Council revisit Item 5.A, the resolution
adopted relating to the Mora Drive annexation. There were some minor edits to the
revised resolution. First, in the resolution, there was a reference to a
Town Surveyor in Finding 1.2. The wording was corrected to say County
Surveyor. At the bottom of the resolution, there are blanks that should read as
follows: 1. That three (3) written protests to the reorganization proceedings were
received and the value of those protests submitted prior to the close of the protest
hearing constitute 21% of the registered voters and 17% of property owners
owning six percent (6%) of the assessed value in the affected territory.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to approve
Resolution 52-16 with the corrections as stated by the City Attorney. The motion
was seconded by Councilmember Radford.
Motion Carried 4 to 1:
AYES: Mayor Harpootlian, Vice Mayor Waldeck,
Councilmember Corrigan, Councilmember Radford
NOES: Councilmember Spreen
ABSENT: None
ABSTAIN: None
The Council now returned to Ongoing Business Item 6.B.
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ONGOING BUSINESS
B. Consideration of Policy for the Installation of Broadband Cable Service (Staff:
C. Cahill
City Manager Cahill presented the report.
Council discussion ensued.
Les Earnest, Los Altos Hills, said that there is a better solution. He dropped
Comcast and picked up Sonic.net and the cost is less than half and the service works
fine. All one needs is a telephone line.
Colin Knight, Los Altos Hills, requested that the Town absorb all of the owners
share of service to remedy the mistake made with the franchise agreement with
Comcast.
Lynn Miller, Los Altos Hills, strongly requested that the Council approve the
policy.
Ameesh Divatia, Los Altos Hills, said he would like to submit an invoice for
$5,253 that Comcast charged him for an extension to his home. He also urged the
Council to "do something that is fair."
Nils Angquist, Los Altos Hills, asked why should some residents pay for internet
when no one else has done so.
Pat Knight, Los Altos Hills, requested that the Town amend the policy that the
Town absorb all of the owners share of the cost because the streets were not included
in the franchise agreement. She said she is simply asking that the Town remedy the
injustice.
Peter Evans, Los Altos Hills, said that every place in Town should have broadband
access in excess of 50 megabits per second.
Wendy Pica-Furrey, Los Altos Hills, said this topic has been discussed for over a
year. She spoke in support of the proposed policy.
Councilmember Radford asked the City Attorney to respond regarding Mr.
Knight's points. City Attorney Mattas responded that the Town does have the
discretion to decide what, if any amount the Town will pay, but is not obligated to
pay.
City Manager Cahill estimated that the cost to include the other five streets is
• approximately $220,000. Almaden Court and Central Drive are not included in this
estimate.
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0 Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to
approve Resolution 53-16 authorizing a voluntary town cost sharing policy with
residents on streets that do not meet minimum density requirements for cable service
as stipulated in the Cable System Franchise Agreement. The motion was seconded
by Councilmember Corrigan.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
7. NEW BUSINESS
A. Introduction (First Reading) of an Ordinance Amending Title 2, Chapter 6 -
• Conflict of Interest - of the Los Altos Hills Municipal Code (Staff: D. Padovan)
City Clerk Padovan presented the report.
City Attorney Mattas said the purpose of the policy is to identify the staff
positions that might have oversight in reviewing development obligations or
contracts.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive
reading and introduce Ordinance 567 amending Title 2, Chapter 6 of the Los Altos
Hills Municipal Code. The motion was seconded by Councilmember Spreen.
Motion Carried 5 to 0:
AYES: Mayorrpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
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B. Approve the Evaluation of Non -Residential Wastewater Dischargedy Prepared
by Municipal Financial Services-, and Resolution Declaring the Intention to Update
the Non -Residential Sewer Allocation Schedule, Setting a Public Hearing and
Directing Staff to Mail Notices to Non -Residential Sewer Users (Staff. R. Chiu)
Public Works Director Richard Chiu presented the report.
Tom Pavletic, Municipal Financial Services presented the Findings and
Recommendation of Non-residential wastewater discharge study.
Council discussion ensued.
Allan Epstein, Los Altos Hills, said the fire station is not part of Los Altos Hills'
responsibility for sewer.
Allan Epstein, Los Altos Hills, said that the intent was that after the
subcommittee received the information from the attorney, the subcommittee would
take the information back to the Finance and Investment Committee (FIC) and the
FIC would come back and make a recommendation. He also said that the approach
that the consultant used is inconsistent and unsupported.
MOTION MADE AND SECONDED: Councilmember Corristan moved to continue the
meeting past 10:00 p.m. The motion was seconded by Vice Mayor Waldeck.
Motion Carried 3 to 2:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan
NOES: Councilmember Radford, Councilmember Spreen
ABSENT: None
ABSTAIN: None
Roddy Sloss, Los Altos Hills, asked the City Attorney to respond about a memo
his office produced.
City Attorney Mattas said that his office provided an analysis of the three options
to the Council; the consultant's report is defensible and the hybrid option that could
be defensible with some modest modification. In order to adopt any modifications,
a Prop 218 notice is required. If the Council wants to receive further input from
the FIC on both options, a revised resolution has been provided that requires a
Prop 218 notice on both options, the FIC could then take up the issue and then
return in October.
0 Further Council discussion ensued.
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August 18, 2016
Director Chiu said that based on previous discussion with the consultant, staff
does believe that some method of calculation similar to the hybrid option may
work. However, it may not be exactly what FIC members had in mind.
There was Council consensus that the ad hoc committee on sewers be reconvened
to discuss the options and return to the City Council.
C. Memorandum on Sewer Service Charge for Secondary Dwellings (Staff: R. Chiu)
- this item was not considered and deferred to the August 25, 2016 special City
Council meeting.
8. REPORTS FROM COMMITTEES, SUB -COMMITTEES,
AND COUNCILMEMBERS ON OUTSIDE AGENCIES
There were no reports.
9. STAFF REPORTS
A. City Manager - No report.
B. City Attorney - No report.
0 C. City Clerk
City Clerk Padovan said she looked forward to seeing everyone at the volunteer
dinner on Friday, August 18, 2016.
D. Planning Director - No report.
E. Administrative Services Director - No report.
F. Public Works Director - No report.
10. COUNCIL INITIATED ITEMS
A. Subd visi ,., Appr-eval RegardingPat",ayss(Vice May
Waldeck) - This item was removed from the agenda by Vice Mayor Waldeck and
not considered.
11. ADJOURN
The meeting adjourned at 10:30 p.m.
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Respectfully subnglitted,
Deborah Padovan
City Clerk
The minutes of the August 18, 2016 regular City Council meeting were approved as presented
ate the October 20, 2016 regular City Council meeting.
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