HomeMy WebLinkAbout12/15/2005 Meeting Minutes
December 15, 2005
Town of Los Altos Hills
City Council Regular Meeting
Thursday, December 15, 2005 6:00 P.M.
Town Hall Council Chambers, 26379 Fremont Road
1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Kerr called the City Council Regular Meeting to order at 6:00 p.m. in the Council
Chambers at Town Hall.
Present: Mayor Breene Kerr, Mayor Pro Tem Dean Warshawsky Councilmember
Craig A. T. Jones, Councilmember Jean Mordo and Councilmember Mike
O'Malley
Absent: None
Staff: City Manager Maureen Cassingham, City Attorney Steve Mattas, Planning
Director Carl Cahill, Administrative Services Director Sarah Ragsdale,
Director of Public Works/City Engineer Henry Louie and City Clerk
Karen Jost
2. APPOINTMENTS AND PRESENTATIONS
2.1 Honorable Ira Ruskin, 21St Assembly District
The Honorable Ira Ruskin addressed Council. He thanked Council for the opportunity to
share with his constituency an overview of the past legislative year in Sacramento and
offered that he was pleased with the recent opportunities to have an exchange of ideas
with various members of the Los Altos Hills Council. Assembly Member Ruskin
summarized his capitol assignments and recent legislation efforts. He noted that he had
authored eighteen(18) Assembly Bills and seven of the nine forwarded to the Governor's
desk had been signed and enacted. Ruskin introduced Richelle Noroyan,his local District
Director and encouraged the Council to continue their dialogue with his office on shared
matters of interest.
Council thanked Assembly Member Ruskin for his vigilant representation of the Town
and residents' concerns in Sacramento.
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3. PLANNING COMMISSION REPORT
Planning Director Carl Cahill reported that the Planning Commission had met on
December 8, 2005. He noted that the Commission had reviewed Lands of Malavalli, a
request for a new residence and auxiliary buildings. The project was approved by a 5-0
vote. Discussion had centered on the Pathways Committee's recommendation, with the
Commission confirming the Pathways Committee's request that called for the
construction of a native path as shown on the 2005 Master Path Map. Two additional
items on the meeting agenda were for fence exceptions. Both requests were denied.
Cahill advised Council that the Planning Commission had approved the draft fence
ordinance and noted that the draft ordinance would be scheduled for a public hearing
before Council for their consideration of adoption in January.
Cahill explained that the draft ordinance on highly visible lots had been continued b the
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Commission for further review.
Cahill reported that the Commission had also continued the discussion of the prezoning
of unincorporated San Antonio Hills scheduled as Public Hearing Item 11.1 on tonight's
Council's agenda. The Commission was seeking additional information on the subject
and recommended that Council continue the hearing to such time as the Commission had
completed their review and could provide the appropriate recommendations.
• Cahill informed Council that the County of Santa Clara and Stanford University had
reached consensus on the Sl trail and were moving forward with the S 1 C alignment.
Council had before them a map of the trail and press release of the agreement. Town
staff had requested funds to improve the path alignment segment through Town and funds
up to $1 million dollars would be provided. A formal agreement between the Town and
Stanford would return to Council at a future meeting for their approval.
4. CONSENT CALENDAR
Items Removed: 4.4 (Mordo/O'Malley) 4.5 and 4.9 (O'Malley) 4.7 (Kerr)
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by O'Malley and
passed unanimously to approve the remainder of the Consent Calendar with Mayor Kerr
abstaining on the payment to Toeniskoetter & Breeding included as a dispursement in
agenda item 4.2 due to a potential conflict of interest:
4.1 Approval of Minutes: Regular City Council Meeting December 2, 2005
4.2 Review of Disbursements: 11/23/2005 — 12/2/2005 $285,786.68
4.3 Acceptance of the 2004-2005 Street Rehabilitation, Storm Drain
Improvements and Pavement Marking Project—Resolution No.113-05
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• 4.6 Notification of Fast Track Approval: Lands of Nie: 13070 S. Alta Lane; A
Request for a Site Development Permit for 456 square-foot first and second
story addition, major remodel, and 472 square-foot attached secondary
dwelling unit(maximum height 24 feet) (85-05-ZP-SD-GD)
4.8 Resolution of the Town of Los Altos Hills Commemorating the 75th
Anniversary of the Santa Clara Valley Water District—Resolution No.110-05
Items removed:
4.3 Award of Bid for Actuarial Consulting Services—Resolution No.l 11-05
Councilmember Mordo requested clarification of the scope of services for the actuarial
consultant. He requested assurance that meeting time with the Finance and Investment
Committee was included. Administrative Services Director Sarah Ragsdale confirmed
that the agreement included two meetings with"clients"and a scheduled meeting with the
FIC would be most appropriate.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Mordo and
passed unanimously to award the bid for actuarial consulting services.
4.4 Approval of Annual Update to Personnel and Employee Benefits Manual
Resolution No.112-05
• Councilmember O'Malley requested clarification on the date of the last update of the
manuals under consideration. Administrative Services Director Ragsdale explained that
the last update was performed in January, 2005.
MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Mordo and
passed unanimously to approve the annual update to the Personnel and Employee
Benefits manuals.
4.7 Notification of a Fast Track Approval: Lands of Kim: 13686 Page Mill Road;
A Request for a Site Development Permit for a 5,999 square-foot two-story
New Residence with a 2,686 square-foot Basement(maximum height 27 feet)
and a 677 square-foot Swimming Pool.(129-05-ZP-SD-GD)
Mayor Kerr requested additional information on this item.
Ginger Summit, Pathways Committee Chair provided an overview of the Pathways
Committee's recommendation for the siting of the path on the property below the berm
on Page Mill Road. She offered that the Committee had differed with the staff
recommendation for locating the path on the shoulder of the road. The project had been
approved with the staff recommendation.
Mayor Kerr appealed the Fast Track approval of the project, Lands of Kim, for
consideration by the City Council at a future meeting. He noted his concern for the path
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• on a highly trafficked road. Kerr would follow-up with a notification in writing of his
appeal to the City Clerk.
Pae Mill Road neighbor of Lands of Kim voiced his support Jitze Couperus, g gh for the
Fast Track approval of the project and the staff recommendation for the path. He offered
that there was ample room for the path. He distributed photos to the Council.
4.9 Approval of Revised Investment Policy
Councilmember O'Malley requested clarification on the item from Administrative
Services Director Sarah Ragsdale. Ragsdale noted that the investment instruments had
been modified at the request of the Town's financial consultants, the PFM Group. Their
request and the investment vehicles had been reviewed and approved by the Finance and
Investment Committee.
MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Mordo and
passed unanimously to approve the revised Town of Los Altos Hills Investment Policy.
5. UNFINISHED BUSINESS
5.1 Town Goals
5.1.1 Implementation of Strategic Conservation Goals
• Mayor Kerr advised that the Council would be considering a component of the Strategic
Conservation Goal as agenda item 6.2.
5.1.2 Bringing Public Education Back to the Hills
Mayor Kerr announced that the Bullis Charter School was currently holding open
enrollment for the next school year.
Councilmember Jones advised Council that the Public Education Committee would be
reporting out to Council in January,2006.
5.2 Underground Project Status Report
Mayor Pro Tem Warshawsky reported that the early start date for the two Town pilot
undergrounding projects was November, 2006 and the late start date was April, 2007. He
noted that there was interest from several neighborhoods in Town to underground their
utilities and the Ad-Hoc Undergrounding Committee was investigating how best to
facilitate/accommodate these requests. Warshawsky explained that individual projects
move more quickly through the maze of PG&E requirements than Rule 20A projects.
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• 5.3 Update on General Plan Review
Councilmember O'Malley reported that the Ad-Hoc Committee had scheduled two
meetings in January,2006 on the second and fourth Wednesday at noon.
5.4 Update on Improved Cell Phone Coverage
Planning Director Carl Cahill reported that the Cingular Wireless application for a cell
tower at Town Hall was expected to be agendized for Council consideration at a February
meeting. A neighborhood meeting to provide residents the opportunity to review the
project with Cingular representatives had been scheduled for December 21, 2005.
Currently the project called for a mono-pine tower located behind the Heritage House.
Mayor Kerr asked if it was possible for the cell phone providers to generate their own
energy. Cahill responded that he would advise Cingular that there was interest in the
possibility of solar driven power. He noted that the providers engineers would report on
the feasibility of the request.
Cahill advised Council that the T Mobile "cow" on De Bell Road was scheduled for
installation within the next thirty (30) days. It would serve as a visual story pole for
neighbors and coverage reference.
5.5 Status of Town Pathways Projects
• Public Works Director/City Engineer Henry Louie introduced this item to Council.
Council had before them a spreadsheet titled "CIP Funding Update (12-15-05). Louie
summarized the status of the Robleda Road Path, Moody Road Path (Segment 1) and
Foothill College Path(Segment 2)projects and reviewed their funding.
Council thanked Louie for his report and expressed their support of the projects. Mayor
Kerr advised Council of the status of VTA approved funds for the Moody Road and
Foothill College. The VTA had approved approximately $400,000 for the project and
additional funding would be provided by Foothill College through matching funds. Kerr
noted that the project cost estimates had increased since Council's earlier approval in
concept of the path. He believed the project would greatly improve pedestrian and
bicyclists safety and provide a safe and attractive route. Once completed, with the
availability of parking space at Foothill College, the Town could enforce "no parking"
restrictions on Moody Road. Kerr noted the additional outside funding the Town would
receive for the 2005 Street Improvement CIP as identified on Louie's spreadsheet.
OPENED PUBLIC COMMENT
Ginger Summit, Pathways Committee Chair, stated that the Committee was "thrilled"
with the planned projects and thanked the City Engineer and Mayor for their efforts. She
requested that the Pathways Committee be kept apprised by the City Engineer of the
status of the projects.
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Sandy Humphries, Environmental Design and Protection Committee, expressed her
concern about any asphalt path being placed near a creek (Foothill College). She
concurred that it was important to get a safe route for bicyclist on El Monte Road.
Humphries added that she would like rolled/residential friendly curbing as the standard
for any road/street projects.
CLOSED PUBLIC COMMENT
5.6 Arastradero Traffic Signals Update (Mayfield Project)
Planning Director Carl Cahill advised Council that the Town was monitoring the
Mayfield Project. The City of Palo Alto staff had reported that they had completed the
traffic count and an analysis of the findings would be completed in January, 2006. They
expected the study would provide them with an indication regarding the necessity of
traffic signals or alterative traffic calming methods.
Council requested clarification on Town resident participation in the Palo Alto
neighborhood meetings. Cahill noted that staff had not been advised of the first
neighborhood meeting however, Town residents were in attendance. Council requested
that residents be advised of future neighborhood meetings.
6. NEW BUSINESS
• 6.1 Consideration of Proposed Mayor's Letter to Former Mayors Regarding
Attending the 50`h Anniversary Gala
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by
O'Malley and passed unanimously to approve the revised draft letter to former Mayors
submitted by the Community Relations Committee.
6.2 Report on Zero Permit Fees for Solar Panel Systems
Planning Director Carl Cahill introduced this item to Council. He noted that at the City
Council meeting of December 1, 2005, Councilmember Jones requested that the Town
consider waiving the building permit fees for new solar electric systems. He offered that
in 2005, the Town's Building Department had collected $8,800 in permit fees for solar
systems. Cahill noted that the Town already waives the roadway impact fee and the
permit fees collected represent most actual processing costs.
Council discussion ensued. They concurred that eliminating the building fees would
symbolize the Town's interest in encouraging resident solar systems. Councilmember
Jones shared a San Jose Mercury news article and chart of municipal permit fees for solar
applications that ranged from $50 to $1,620. The Town's current fees placed them below
the average cost of identified cities but Jones noted that it would send a symbolic signal
• of the Town's support of solar power if they were the lowest with zero ($0) cost of
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• permits. Jones noted that the Environmental Initiatives Committee was supportive of the
proposed zero fee. Jones recommended that the new zero fee be permanent.
Council concurred. Mayor Kerr advised that some exceptions to the zero fees might
include larger systems that could potentially require outside consultants to review. Cahill
explained that the Building Inspector usually relied on the applicant's engineers'
documentation/specifications for building review and the issuance of a permit. Cahill
added that planning permit fees would still be required for any proposed solar system that
required a variance or Planning Commission public hearing.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Mordo and
passed unanimously to direct staff to draft the necessary fee amendment resolution for a
permanent reduction of the solar system building application fees to zero. Planning fees
would still be applicable if a variance or public hearing was required for the application.
6.3 Discussion of November 2, 2005 Appointment of a Committee Member to the
Pathways Committee,Including Potential Rescission of the Appointment
Mayor Kerr provided a brief overview of the appointment of Courtenay Corrigan to the
Pathways Committee by Council at the November regular Council meeting. Following
the appointment, the issue of residency requirement for Committee members had been
broached by the Community Relations Committee and Pathways Committee.
• City Attorney Steve Mattas noted that Council had been provided a background memo by
staff.
Courtenay Corrigan, addressed Council. She explained that she and her husband had
purchased property on Fremont Pines Lane in Los Altos Hills and were currently moving
through the planning process to build a new residence on the site. In the interim, she and
her family planned to relocate to a family residence and would be residing in Los Altos
Hills on Robleda Road. She expressed her desire to continue on the Pathways Committee
and noted her belief that participation in public service was very important to being a
good community citizen. She expected to be relocated to the Robleda Road residency in
several weeks.
Ginger Summit, Pathways Committee Chair, acknowledged that the residency issue was
resolved by this information and she noted that she looked forward to working with
Corrigan.
City Attorney Steve Mattas suggested that Ms. Corrigan notify the Town in writing via
the Clerk when they had relocated in Town. Corrigan concurred.
•
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7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Herbicide Reduction Proposal—Open Space Committee
and Staff Report
Director of Public Works Henry Louie introduced this item to Council. He explained that
the Open Space Committee in late October, 2005 had submitted a herbicide reduction
proposal to staff requesting the suspension of the Town's weed control spraying
operation. In response to the proposal, staff had re-examined the Town's existing
operation and policy. Louie explained that the Town was currently using the most cost
effective method to control weeds along public rights-of-way. The program was similar to
those employed in Portola Valley, Atherton and Daly City. Herbicides used by the Town
are EPA approved. Louie reviewed the Town's 1998 Council approved "Weed Control
Spraying Strategy for the Town". He advised that the OSC proposal for manual labor to
control the weeds could potentially cost an additional $250,000 per year and the mowing
alternative could cost $200,000 per year for contract services. The Town currently
contracts with Clark Pest Control for two rounds of spraying of approximately 18 miles
of roadways and pathways at an annual cost of$20,000.
OPENED PUBLIC COMMENT
Roger Spreen, Open Space Committee Chair, commented that the Committee at this time
was more interested in focusing on the first part of their request identified in their
• proposal before Council. This included "working with the Public Works staff to
investigate an alternative approach to roadside weed maintenance and to report back to
Council on the proposed approach with its economic and environmental impact." Spreen
noted that they would suspend their request to halt spraying operations at this time.
Sandy Humphries, Environmental Design and Protection Committee member, suggested
that Council use the Clean Bay Initiative as a resource on the subject.
CLOSED PUBLIC COMMENT
Council discussion ensued. They concurred that it would be appropriate to review the
Town's policy and suggested that any outside research should be conducted by the
Committee. Councilmember Jones requested that the study include an investigation for a
more environmentally friendly herbicide as an alternative option.
City Manager Cassingham offered that staff would move forward with the Committee as
time permitted. She requested that the Public Works staff be the direct contact with any
of the Town's vendors and that the Committee work through staff.
Council consensus was to continue with the spraying program at this time to control
weeds.
•
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COUNCILMEMBER REPORTS
Councilmember O'Malley reported that he had attended a Santa Clara Valley Water
District meeting and the Adobe Creek project was moving forward.
Councilmember O'Malley reported that he and City Manager Cassingham had met with
TEA consultant Greg Sellars and the effort to recapture the Town's property tax share
was progressing. He expected a conclusion to the process in early 2006.
8. STAFF REPORTS
8.1 City Manager
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
9. COUNCIL-INITIATED ITEMS
9.1 Consideration of Budget for Consulting Services to Support the Ad-Hoc
Committee Chartered to Make Recommendations to the City Council on
Steps to Strengthen the Mandate and Membership of the Parks and
Recreation Committee to Include Oversight Responsibilities over Town
Recreational Facilities—Mayor Kerr
Councilmember Jones reported that the Ad-Hoc Committee had convened their initial
meeting. They had agreed to move forward in a "fact finding mode." Jones explained
that the Committee might require assistance from a consultant with a background in
equestrian/barn management. He noted that a consultant was already in contract with the
Town to look at the structural integrity and condition of the barn and the supplemental
consultant would be used to provide information on the utilization of the facility and an
unbiased industry opinion. Jones requested a budget authority of not-to-exceed$5,000.
Councilmember Mordo commented that he would support a consultant if the Committee
were included in the selection process. Jones concurred.
Councilmember O'Malley offered that moving forward, he would only recuse himself
from consideration of Westwind Barn items that involved the Friends of Westwind
because of his wife's participation as Board President. He would participate in all other
discussions of Westwind Barn.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by O'Malley and
passed unanimous) to approve a not-to-exceed amount of $5,000 to hire a consultant
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with expertise in equestrian/barn (facilities) management to assist the Ad-Hoc
• Committee. Mayor Pro Tem Warshawsky did not participate in discussion of this item
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and abstained from the vote due to a potential conflict of interest created by the proximity
of his residence to Westwind Barn.
9.2 Consideration of Consulting Services for Potential Energy Audit of the New
Town Hall Faculties—Mayor Kerr
Mayor Kerr explained that he had been working with Public Works Director Henry Louie
and the property manager to monitor the energy being used by Town Hall. He noted that
an unusual amount of energy was being used on the weekends and requested a not-to-
exceed budget of$2,500 to hire an energy consultant to study the current system.
Councilmember Jones expressed his opinion that maintenance started with evaluation.
He concurred with Mayor Kerr that it was good to monitor and maximize the use of
energy by the Town Hall facility.
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by Mordo and
passed unanimously to hire an energy consultant to review the energy use of Town Hall
for a not-to-exceed amount of$2,500.
9.3 Consideration of Co-Sponsorship of January 30, 2006 Event Hosted by
Hidden Villa at Town Hall"Urban Dreams: Remaking Our Cities for
Sustainability"—Mayor Kerr
MOTION SECONDED AND CARRIED: Moved by Jones, seconded by O'Malley and
passed unanimously to co-sponsor the January 30, 2006 event hosted by Hidden Villa at
Town Hall"Urban Dreams: Remaking Our Cities for Sustainability".
9.4 Discussion of Bridge Maintenance in Byrne Preserve—Mayor Kerr
Mayor Kerr provided a slide show of a bridge located in Byrne Preserve. He questioned
the safety of the bridge and it's ability to support three horses for crossing.
Public Works Director Henry Louie offered pictures of the bridge following cleaning. He
explained that the bridge was not located in an optimum location and was situated at the
low point in the valley of the creek. Louie explained that he had performed an evaluation
of the bridge several months ago. He found the bridge safe but deteriorating and provided
a cross section schematic of the bridge for additional clarification. He believed that the
bridge had a 2-3 year additional life span and suggested maintenance/repairs as an interim
solution. Louie reviewed replacement options, timelines and costs with Council, noting
that it would cost approximately $50,000 to replace the bridge and raise the profile.
Replacement and relocation would eliminate the problem.
City Manager Cassingham offered that issues of maintenance could best be handled by
staff and requested that future requests be forwarded to her directly. Council concurred.
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10. PRESENTATIONS FROM THE FLOOR
Roger Spreen, Open Space Committee Chair, advised the Council on the successful
residential response to the recently mailed"Wildlife Survey". Approximately ten percent
of residents who had received the survey had responded. Many of the returned
questionnaires included antidotal comments that were considered very helpful by the
consulting wildlife biologist. Spreen noted that he would keep Council apprised of the
status of the development of the Town's wildlife corridors map.
11. PUBLIC HEARINGS
11.1 Prezoning of Unincorporated San Antonio Hills Area: 82 Parcels (19.99
Acres)East of the Town of Los Altos Hills and South of the City of Los
Altos, Generally Between Magdalena Avenue and Eastbrook Avenue
Including Spalding Avenue, Par Avenue, Winding Way,Putter Avenue
and Putter Way; #234-04-ZP
Planning Director Cahill advised the City Council that the Planning Commission had
continued the item to permit additional time to investigate the subject.
MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Jones and
passed unanimously to continue the public hearing item"off calendar". Rescheduling of
the item for Council consideration at a future meeting would include re-noticing of the
item as a public hearing.
Council adjourned to Closed Session at 9:05 p.m.
12. CLOSED SESSION
CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Government Code Section 54956.8
Property: 27210 Altamont Road(APN 182-21-016)
Agency Negotiators: Maureen Cassingham and Steve Mattas
Negotiating Parties: Town of Los Altos Hills and Verizon Wireless by Cellco Partnership
Under Negotiation: Terms and Conditions for Lease of Property
Council Reconvened to Open Session at 9:30 p.m..
No action was taken.
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13. ADJOURNMENT
There being no further business, the meeting was adjourned by consensus of the Council
at 9:30 p.m.
Respectfully submitted,
Karen Jost,
City Clerk
The minutes of the December 15, 2005 Regular City Council Meeting were approved as
presented at the January 12, 2006 Regular City Council Meeting.
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