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HomeMy WebLinkAbout9/21/2017 1 City Council Regular Meeting Minutes September 21, 2017 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, September 21, 2017 Council Chambers, 26379 Fremont Road, Los Altos Hills, California CALL TO ORDER (6:00 P.M.) Mayor Waldeck called the meeting to order at 6:05 p.m. B. Pledge of Allegiance A. Roll Call Present: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning Director Suzanne Avila, Public Works Director/City Engineer Allen Chen, Senior Planner Marni Moseley, Consultant Planner Steve Padovan, City Clerk Deborah Padovan 1. AGENDA REVIEW There were no changes to the agenda. 2. PRESENTATIONS AND APPOINTMENTS A. Appointment to the Los Altos Hills Education Committee City Clerk Padovan presented the application of Janna Land. Janna Land, Los Altos Hills, introduced herself and expressed interest in serving on the Education Committee. MOTION MADE AND SECONDED: Vice Mayor Radford moved to appoint Janna Land to the Los Altos Hills Education Committee for a four-year term. The motion was seconded by Councilmember Spreen. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, 2 City Council Regular Meeting Minutes September 21, 2017 Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None B. Appointment to the Los Altos Hills Public Art Committee City Clerk Padovan presented the application of Nicole Andrews. Nicole Andrews, Los Altos Hills, introduced herself to the City Council and expressed her interest in serving on the Public Art Committee. MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint Nicole Yvonne Andrews to the Public Art Committee for a four-year term. The motion was seconded by Vice Mayor Radford. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None C. Report by the Open Space Committee on the Status of Grassroots Ecology Work at Byrne Preserve and Town Open Spaces Kit Gordon, Co-Chair of the Los Altos Hills Open Space Committee, thanked the Council for enhancing our open spaces. She provided an update on the status of the Grassroots Ecology fire management work at Byrne Preserve. Council discussion ensued. No action was taken. E. Annual Report of the Los Altos Hills Public Art Committee Farah Tabatabai, Member of the Public Art Committee, presented the annual report of the committee. Council asked questions of Ms. Tabatabai and received her responses. No action was taken. 3 City Council Regular Meeting Minutes September 21, 2017 F. Presentation by John Swan, a Member of the Los Altos School District Citizens’ Oversight Committee for General Obligations Bonds, Requesting the City Council Consider a Resolution Supporting a School Site in Los Altos Hills John Swan, Los Altos Hills, requested the Council consider a school site in Los Altos Hills. Council asked questions of Mr. Swan and received his responses. No action was taken. Council discussion ensued. Vice Mayor Radford informed the Council that he would be moderating a session on Wednesday, September 27th where plans will be presented showing how a school could be built on a current site. DIRECTION: The City Manager shall prepare a letter encouraging the Los Altos Hills School District Trustees to attend the Creative Facilities Solutions Event scheduled for Wednesday, September 27th from 6:30 to 8:00 pm at the Hillview Community Center. 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: Vice Mayor Radford moved to approve the CONSENT CALENDAR as stated. The motion was seconded by Councilmember Spreen. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None A. Review of Disbursements: August 1, 2017 - August 31, 2017 $1,364,165 4 City Council Regular Meeting Minutes September 21, 2017 B. Amending the Resolution 53-17 Establishing Standing Committees and Adopting General Special Rules Pertaining Thereto to Clarify the Wording Regarding a Committee Member Whose Term Has Expired Serves Until Replacement is Appointed (Staff: D. Padovan) C. Resolution 54-17 Awarding a Contract to Audio Visual Design Group to Update the Audio/Video System in the City Council Chambers (Staff: D. Padovan) D. Rejection of Claim of Santosh Bhati (Staff: D. Padovan) E. Approval of Annual Investment Report for Fiscal Year Ending June 30, 2017 (Staff: P. Lin) F. Resolution 55-17 Authorizing the December 2017 Town Holiday Closure from December 20, 2017 through January 1, 2018 (Staff: P. Lin) G. Resolution 56-17 Authorizing an Hourly Rate of $80 for the Temporary Part-Time Finance Project Manager (Staff: P. Lin) H. Memorandum for Fiscal Year 2017-18 Carryover Encumbrance (Staff: P. Lin) I. Resolution 57-17 Authorizing the City Manager to Execute Payment to the Sea by Alexander Steakhouse in the Aggregate Amount of $19,620 (Staff: P. Lin) J. Adoption of Ordinance 571 (Second Reading) Amending Los Altos Hills Municipal Code Section 4-3.1002 to reflect "Pathways" rather than "Parkways" (Staff: C. Cahill) K. Resolution 58-17 Approving the List of Projects Eligible to be Funded by SB1: The Road Repair and Accountability Act (Staff: A. Chen) L. Resolution 59-17 Accepting Dedication of a Right-of-Way Easement; Lands of Dutchints Development, LLC; 24925 Oneonta Drive (Staff: A. Chen) M. Resolution 60-17 Accepting the Grant of a Pathway Easement; Lands of Heng and Pareigis; 25383 La Rena Lane (Staff: A. Chen) N. Resolution 61-17 Accepting the Grant of an Open Space Easement on the Lands of Heng and Pareigis; 25383 La Rena Lane (Staff: S. Avila) O. Resolution 62-17 Accepting the Grant of an Open Space Easement on the Lands of Grau and Jones; 24802 Olive Tree Lane (Staff: S. Avila) P. Authorize the City Manager to Amend the Contract with Superion for Additional 5 City Council Regular Meeting Minutes September 21, 2017 User Licenses and Addition of Code and Inspection Modules for Trak-iT Permit Management and Tracking Software (Staff: S. Avila) (Resolution 63-17) 5. COUNCIL INITIATED ITEMS A. Discussion and Possible Action to Amend the Standing Committee Resolution to Update Committee Charters (Mayor Waldeck) Mayor Waldeck presented the standing committee resolution. Council discussion ensued. Carol Gottlieb, Chair of the Environmental Design and Protection Committee (EDPC), said that the EDPC is part of the Fast Track process and they are asking that their attendance at Fast Track hearings be included in the charter of the committee. Allan Epstein, Member of the Finance and Investment Committee (FIC), explained the proposed charter edits to the FIC. DIRECTION: Return the charter amendments to the Public Art Committee and Open Space Committee for further review and edits. 6. PUBLIC HEARINGS A. Introduction of an Ordinance (First Reading) Amending Chapter 10 of the Los Altos Hills Municipal Code (Zoning) to Adopt Short-Term Rental Regulations Within Residential Zones. File # 117-17-MISC (Staff: M. Moseley) Mayor Waldeck opened the Public Hearing. Senior Planner Marni Moseley presented the staff report. The Council now considered public comment. Eric Evans, Los Altos Hills, said that the proposed ordinance is restrictive and would prohibit residents from taking part in vacation rental exchanges. Also, residents would not be allowed to take advantage of federal and state tax codes. Betty Kayton, Los Altos Hills, suggested the Council look at her submitted written suggestions and send it back to the Planning Commission in order to get the ordinance right. Jill Snyder, Los Altos Hills, ask that we take a step back and ask why are we even considering this ordinance. She was not in support of allowing short-term rentals. 6 City Council Regular Meeting Minutes September 21, 2017 Maria Caffey, Los Altos Hills, said her personal belief is that there should be no short-term rentals. Jack Caffey, Los Altos Hills, does not believe that short-term rentals will add anything to the community and was not in support of the ordinance. Eric Bredo, Los Altos Hills, said that if the ordinance was adopted it would be legalizing these types of rentals. He was not in support of the ordinance. Carrie Snyder, Los Altos Hills, said that short-term rentals are businesses and Los Altos Hills has no businesses. She was not in support of short-term rentals. Peter Evans, Los Altos Hills, said there has been no discussion on enforcing existing ordinances. He was not in favor of short-term rentals, but there is a difference between owner occupied and empty rentals. Scott Vanderlip, Los Altos Hills, was not in favor of the ordinance. Mayor Waldeck closed the Public Hearing. City Attorney Steve Mattas, responding to a question from Vice Mayor Radford, said that people may rent rooms in their houses currently and the Town's ordinance does not prohibit one from operating a business in Town, but short-term rentals are allowed right now. If the Town wanted to prohibit short-term rentals, it must expressly do so. Ms. Moseley outlined the key features in the proposed ordinance: one would need a one-time permit and maintain an active business license; the host is required to be onsite through the rental period so a responsible party is local and able to address any issues; it requires separate parking for the rental, but retaining the ability to determine the number based on the proposed rental; and the requirement to have house rules that must be posted. Councilmember Wu asked why staff chose to model the ordinance after Sunnyvale? Ms. Moseley replied that the feedback received from the Council was similar to what Sunnyvale had implemented. Councilmember Spreen thanked staff because he said that the Council did not provide enough direction earlier this year. The problematic situations that we are dealing with are bad neighbors, multi-tenant long term situations, unsupervised short-term rental party houses, unsupervised hotel rentals, and unoccupied homes. What hasn't been a problem are well supervised, on-site short-term rentals. He said that he wouldn't mind "clampi ng down" on unsupervised, short- term rentals, but was not ready to stop responsible owners. Mayor Waldeck agreed with Councilmember Spreen. He said that the Town works on a system of complaints and with a limited police force and officers won't be out there looking for trouble. A number of complaints have occurred over the 7 City Council Regular Meeting Minutes September 21, 2017 past few years that have been dealt with. The Council needs to find the proper balance. Vice Mayor Radford asked about someone who simply wants to rent out their home for the weekend, has to stay in that home? Ms. Moseley replied "yes, that is the way the ordinance is written in order to reduce the ability or the potential for those issues that need to be addressed by a property owner." Vice Mayor Radford expressed that he did not believe that any developer should be allowed to build a house in Los Altos Hills, not take residence, and immediately start using it as a hotel and simply renting it out to whomever they wish. He firmly believed that homeowners should be allowed to rent their homes out, on the weekend, if there are no problems caused by the rental. Councilmember Wu said it is a “disruptive economy” coming to our Town, but the good news is Los Altos Hills is not alone as other cities are facing similar issues. She suggested partnering with Atherton in order to work out solutions. She did not think the proposed ordinance would address the real issues of public safety, traffic, noise, etc. Further, she said the money in short-term rentals is very alluring and that is good income for some. Councilmember Corrigan thanked everyone in attendance. She suggested that the Council is nowhere near approving a policy at this time. She expressed concerns that we are creating a regulation that is basically punishing all for the actions of a few. She suggested creating some rigid guidelines that apply to nuisances. Some concepts for restrictions on nuisance, short-term rentals (defined as 30 days or less) are as follows: ➢ Impose a minimum number of nights ➢ Homeowner must be on property or on contiguous lot ➢ Ban multiple renters concurrently/No "Beds for Rent" or sub-tenants allowed ➢ Limit the maximum number of renters/people on property to coincide with the number or beds and baths being rented ➢ Homeowner must notify neighbors ➢ Restrict rental listings to platforms that allow for neighbor complaints ➢ Require phone and email for both property owner and renter be supplied to Town-24x7x365 ➢ Demand that all parking associated with property be 100% contained on site ➢ "Host" must be one and the same as Property owner ➢ Minors (under 21) may rent only with an adult present--either their own adult chaperone or the homeowner ➢ Constrain the maximum number of nights a home may be rented in a year ➢ Impose financial penalties for failure to comply and to cover all costs including, but not limited to, Town Staff, damages, law enforcement, etc. 8 City Council Regular Meeting Minutes September 21, 2017 Mayor Waldeck said that we are trying to regulate against something, but not so sure that the focus is correct. He would like to send the list outlined by Councilmember Corrigan back to the Planning Commission for further review. Further Council discussion ensued. Councilmember Corrigan stated that it was agreed that no property in Los Altos Hills shall be purchased or built for the sole use as a short-term rentals or event rentals. The guidelines proposed by her shall be written up and provided to staff and the Planning Commission. We must tighten up the restrictions on the nuisances. No short-term rentals for a non-owner-occupied property. City Attorney Mattas said from a practical and enforcement standpoint, we would want to have people be part of a system. The Town could construct an over-the- counter permit that would get people into the system and then if the way they operate violates that permit, they would agree that they are subject to these higher constraints. The challenge is that Towns have to enforce ordinances in a similar manner and when rules apply, it is better if individuals are voluntarily acknowledging that they are subject to those rules. DIRECTION: Return the ordinance to the staff and Planning Commission with the suggestions outlined by the City Council. The Council now considered Agenda Item 2.D. 2.D. Annual Report of the Los Altos Hills Community Relations Committee Roy Woolsey, Chair of the Los Altos Hills Community Relations Committee, presented the annual report of the committee. Council thanked Mr. Woolsey and the committee for their hard work the past year. No action was taken. The Council meeting went into recess at 8:55 p.m. The Council reconvened to open session at 9:05 p.m. B. Appeal of a Planning Commission Decision Affirming the Requirement to Construct a Native Path Along the Westerly Property Line in Conjunction with the Development of a New Residence; Site Development Permit #166-08-ZP-SD-GD; Lands of Emad-Vaez; 27333 Ursula Lane; File #394-16-PM (Staff: S. Avila) Mayor Waldeck opened the Public Hearing. Consultant Planner Steve Padovan presented the staff report. Council asked clarifying questions of staff and received responses. 9 City Council Regular Meeting Minutes September 21, 2017 Sadhir Emad-Vaez, Los Altos Hills, Owner of the property located at 27333 Ursula Lane, spoke in support of the pathway removal on his property. Council asked questions of Mr. Emad-Vaez and received his responses. Kimberly Lee, Los Altos Hills, said that she is in favor of pathways, but this one doesn't make sense. Linda Swan, Los Altos Hills, said it is a very important connector path and would like to see it built. Ann Duwe, Los Altos Hills, said this pathway is a final link that has been planned for decades. Felix Lee, Los Altos Hills, said he a cardiologist and that the grade of the pathway would be too steep for most individuals to climb. Nick Dunckel, Los Altos Hills, spoke in support of keeping the pathway on the property. Scott Vanderlip, Los Altos Hills, spoke in support of keeping the native pathway. Ginger Summit, Los Altos Hills, said she was surprised this was before the Council as it had been resolved years ago. She expressed her support of keeping the pathway on the property. Susan Cretekos, Los Altos Hills, spoke in support of keeping the path on the property. Carol Gottlieb, Los Altos Hills, spoke in support of keeping the pathway. Eric Bredo, Los Altos Hills, stated that he hikes the paths as a geriatric adult and supports the pathway. Alisa Bredo, Los Altos Hills, said that the Pathways Committee has been trying to make connections and this pathway has been on the map. She believed it would be used by equestrians and non-equestrians. Carrie Snyder, Los Altos Hills, said that we sacrifice our privacy for the sake of pathways and suggested keeping the natural pathway. Sue Welch, Los Altos Hills, spoke in support of keeping the pathway on the property. MOTION MADE AND SECONDED: Vice Mayor Radford moved to extend the meeting past 10:00 p.m. The motion was seconded by Mayor Waldeck. 10 City Council Regular Meeting Minutes September 21, 2017 Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None Kjell Karlsson, Los Altos Hills, spoke in support of keeping the path in place and that the Council should send it back to the Planning Commission. Teresa Baker, Los Altos Hills, spoke in support of keeping the pathway on the property. Mayor Waldeck closed the Public Hearing. Council discussion ensued. Councilmember Corrigan said this property is problematic. She believed that the cost of this pathway is prohibitive and reminded the Council of the history of cost decisions and pathway decisions to get us to this point. She further outlined the reasons this pathway does not make sense in that location and fiscally. What she has asked for time and time again is a reasonableness standard to what we are building, where it is going, why we need it and what it will cost. Vice Mayor Radford said this pathway troubles him. He has said in the past that pathway connectors are important, but slope and cost should be taken into account. He does not support asking some homeowners to significantly pay more than others just because we deem a pathway necessary. He suggested the homeowner pay the in-lieu fee and have the Pathways Committee prioritize the cost to build this path and show the connector. Councilmember Wu said she spoke with the owner of the property and the owner was not aware of the easement when he purchased the property. However, the owner is willing to build the pathway, but had some concerns with privacy, liability and cost. She said it is "not affordability, but fairness." She went to the property on Friday, September 15th to investigate the path. During one of her visits she walked down the west side, where she held on to the fence and went down. She said that there is drainage, but not walkable, and would difficult to construct a path there. Then she went to the other slope, but didn't go all the way down, but the steepness is much milder. 11 City Council Regular Meeting Minutes September 21, 2017 Councilmember Spreen said that he was a member of the subcommittee on pathway costs cap and was on board with the new way the Pathways Committee is doing things. In 2009, a contract was made between the owner of this property and the Town for a pathway and open space easement. The current owner made a private deal to buy the property and the fact that due diligence might not have been accomplished, that is not what the Town is expecting. The Town is expecting a pathway at that location. He considers this pathway different than what is taking place in the Pathways Committee currently. Mayor Waldeck thanked everyone for participating. He agreed with Councilmember Spreen's comments. He said that in 2009 the Town had a deal, and a “deal is a deal.” To wait eight years to back out of the deal goes against his grain. It is a business deal and to ask for relief eight years later did not make sense to him. Further, he said that privacy is not generally an issue as people aren't looking in homes, but at the environment around them. Vice Mayor Radford questioned Pathways Committee member Ann Duwe about the pathway location and received her responses. Councilmember Corrigan expressed concerns about eleventh hour negotiations. MOTION MADE AND SECONDED: Councilmember Spreen moved to uphold the Planning Commission's decision and require the construction of a native pathway within the existing easement prior to final approval. The motion was seconded by Councilmember Wu. Motion Carried 3 to 2: AYES: Mayor Waldeck, Councilmember Spreen, Councilmember Wu NOES: Vice Mayor Radford, Councilmember Corrigan ABSENT: None ABSTAIN: None 7. NEW BUSINESS A. Discussion of October City Council Meeting Schedule (Staff: D. Padovan) City Clerk Padovan presented the staff report. MOTION MADE AND SECONDED: Councilmember Corrigan moved to cancel the October 19, 2017 regular City Council meeting and schedule a special meeting on October 11, 2017. The motion was seconded by Councilmember Spreen. 12 City Council Regular Meeting Minutes September 21, 2017 Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None 8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Mayor Waldeck said that his term on the Los Altos Hills County Fire District is expiring at the end of this year and suggested another councilmember volunteer. He directed that this topic be agendized at the meeting in October. Further, he said that the Cities Association is creating a new aircraft noise roundtable for the South Bay and would like to invite a member from each city to sit on that roundtable. Mayor Waldeck was looking for a volunteer and requested the item be agendized for October. In the alternative the Council could delegate to the Mayor the authority to make the appointment. DIRECTION: Mayor Waldeck shall have the authority to appoint a member to the Cities Association roundtable group on South Bay arrivals. Councilmember Corrigan said that the Silicon Valley Clean Energy requested an individual sit on a subcommittee being formed. Secondly, a homeowner who is working on realizing some personal energy savings in his home, has come up against current policies for color and material for energy savings. She would like to send the discussion of color and materials as they relate to energy savings to the Environmental Initiatives Committee. Council discussion ensued and suggested an ad hoc committee be formed of several individuals to discuss the topic at a future meeting. A. Town of Los Altos Hills Assessment of Town Operations Key Recommendations and City Council Subcommittee Report on Proposed Implementation Measures (Staff: C. Cahill) City Manager Cahill presented the recommendations of the subcommittee on the organizational assessment. Councilmember Wu had specific questions on the recommendations. She will plan to meet with the City Manager and this item will return in October. 13 City Council Regular Meeting Minutes September 21, 2017 9. STAFF REPORTS A. City Manager – Report on the LASD Solar Project City Manager Cahill said that the Gardner Bullis solar project has been continued to very early October. B. City Attorney No report. C. City Clerk - No report. City Clerk Padovan reminded the Council of the LAH Innovators event on Sunday, September 24, 2017 at 2:00 p.m. D. Planning Director Planning Director Avila stated that Austin Hancock is our new building inspector and Veronica Flores is now the building technician. E. Administrative Services Director – Not present. F. Public Works Director Director Allen Chen said that the crosswalk is now in place at Fremont and Concepcion Roads. 10. ADJOURN The meeting adjourned at 11:07 p.m. Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the September 21, 2017 regular City Council meeting were approved as presented at the November 16, 2017 regular City Council meeting.