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HomeMy WebLinkAbout11/16/2017 1 Regular City Council Meeting Minutes November 16, 2017 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, November 16, 2017 Council Chambers, 26379 Fremont Road, Los Altos Hills, California Mayor Waldeck called the meeting to order at 6:00 p.m. CALL TO ORDER (6:00 P.M.) - Revised Agenda - Revision No. 1 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, Consultant Planner Steve Padovan, City Clerk Deborah Padovan B. Pledge of Allegiance Girl Scouts Troop 60335 led the pledge of allegiance. 1. AGENDA REVIEW There were no changes to the agenda. 2. PRESENTATIONS AND APPOINTMENTS As the representative from the Santa Clara County Planning Department was delayed due to traffic, the Council considered item 2.B. B. Appointment to the Los Altos Hills Public Art Committee City Clerk Deborah Padovan presented the application. Diane Brauch, Los Altos Hills, introduced herself to the City Council and expressed her interest in serving on the committee. 2 Regular City Council Meeting Minutes November 16, 2017 MOTION MADE AND SECONDED: Vice Mayor Radford moved to appoint Diane Brauch to the Public Art Committee for a four-year term. The motion was seconded by Councilmember Corrigan. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None C. Reappointment to the Los Altos Hills Finance and Investment Committee City Clerk Padovan presented the application. Stan Mok, Los Altos Hills, expressed his interest in continuing to serve on the Finance and Investment Committee. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to reappoint Stanley Mok to the Finance and Investment Committee for a fourth, four- year term. The motion was seconded by Councilmember Spreen. Motion Carried 4 to 1: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen NOES: Councilmember Wu ABSENT: None ABSTAIN: None The Council now considered item 2.A. A. Presentation by the Santa Clara County Planning Department on the Draft Environmental Impact Report relating to the Stanford General Use Permit Application 3 Regular City Council Meeting Minutes November 16, 2017 Kirk Girard, Director of Planning and Development for the County of Santa Clara, presented the 2018 General Use Permit Application requested by Stanford and solicited the Council's input on the Draft Environmental Impact Report process. The Council asked questions of Mr. Girard and received his responses. No action was taken. D. Appointment to Los Altos Hills Pathways Committee City Clerk Padovan presented the applications. Hal Feeney, Los Altos Hills, expressed his interest in serving on the Pathways Committee. Birgitta Indaco, Los Altos Hills, introduced herself to the City Council and expressed her interest in serving on the Pathways Committee. Valerie Metcalfe, Los Altos Hills, expressed her interest in serving on the Pathways Committee. The City Clerk distributed and then collected the ballots and stated that no individual received a majority vote. The City Clerk then distributed a second ballot, collected them and stated that Valerie Metcalfe received a majority of three votes. MOTION MADE AND SECONDED: Mayor Waldeck moved to appoint Valerie Metcalfe to the Pathways Committee for a four-year term. The motion was seconded by Councilmember Spreen. Motion Carried 3 to 2: AYES: Mayor Waldeck, Councilmember Spreen, Councilmember Wu NOES: Vice Mayor Radford, Councilmember Corrigan ABSENT: None ABSTAIN: None E. Appointments to the Los Altos Hills Youth Commission 4 Regular City Council Meeting Minutes November 16, 2017 City Clerk Padovan explained that Mihir Mishra had to leave as he had another appointment at 7 p.m. but would still like to be considered for appointment. Nikita Karnik, Los Altos Hills, introduced herself and expressed an interest in serving on the Youth Commission. MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint Nikita Karnik and Mihir Mishra to the Los Altos Hills Youth Commission. 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 G. Annual Report by the Los Altos/Los Altos Hills Library Commission Rebecca Colman, Vice Chair of the Los Altos/Los Altos Hills Library Commission presented the annual report of the commission. Council discussion ensued. No action was taken. H. Recommendation of Appointment to the Los Altos Hills County Fire District Mayor Waldeck presented the item. MOTION MADE AND SECONDED: Mayor Waldeck moved to recommend appointment of Councilmember Michelle Wu to the Los Altos Hills County Fire District. 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 5 Regular City Council Meeting Minutes November 16, 2017 ABSTAIN: None 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. Les Earnest, Los Altos Hills, commented on Stanford University and their failure to provide a safe route for bicycles on the 280/Page Mill Interchange. Katia Kamangar, Los Altos Hills, invited the City Council to participate in the Turkey Trot on Thanksgiving Day. Roy Woolsey, Los Altos Hills, expressed his concerns about the construction trailer located near his driveway. Planning Director Suzanne Avila replied to Mr. Woolsey and said that staff communicated with the contractor and it was agreed the trailer will be moved next week. Roddy Sloss, Los Altos Hills, commented on Consent Calendar Item #4.F and stated his support of Director Chen's suggestion of West Bay to manage the sewer system. Tim Tosta, San Mateo, spoke about the Natoma Subdivision, transparency and public participation. City Attorney Mattas addressed Mr. Tosta's comments and said that he would work with the Planning Commission in response to Mr. Tosta's letter. Rosy Ko, stated that she is daughter of the families that own the Sterling properties and explained the intense experience with the Planning Commission. She submitted a letter providing suggestions to improve the planning process. 4. CONSENT CALENDAR Councilmember Spreen stated that he would be abstaining from voting on agenda item #4.E. Councilmember Wu requested that agenda item #4.E be removed for discussion. MOTION MADE AND SECONDED: Vice Mayor Radford moved to approve CONSENT CALENDAR with the exception of agenda item 4.E. The motion was seconded by Councilmember Corrigan. 6 Regular City Council Meeting Minutes November 16, 2017 Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None A. Approval of Regular Meeting Minutes: City Council Meeting - September 21, 2017 B. Approval of Special Meeting Minutes: City Council Meeting - October 11, 2017 C. Review of Disbursements: September 1, 2017 - September 30, 2017 $909,565.35 D. Acceptance of the Annual Report on Development Impact Fees for Fiscal Year Ended June 30, 2017 (Staff: K. Huang) F. Resolution 67-17 Approving Utility Engineering Manager Job Description and Amending the Employee Classification and Compensation Plan (Staff: A. Chen) G. Resolution 68-17 Supporting the Naming of a Northern Tributary of Adobe Creek as Moody Creek (Staff: A. Chen) At this point, the Council considered Consent Calendar item #4.E. Councilmember Spreen recused himself for the item and stepped down from the dais. E. Resolution Approving the Final Map; Lands of Progressive Capital Development LLC, 25700 Bassett Lane (Staff: A. Chen) Councilmember Wu asked about the irrevocable right-of-way easement. Director Chen responded to Councilmember Wu's question and explained the process. MOTION MADE AND SECONDED: Vice Mayor Radford moved to adopt Resolution 69-17 approving the final map; accept an open space easement; acknowledge but reject an irrevocable right of way easement dedication; direct City Clerk to record final map. The motion was seconded by Councilmember Corrigan. MOTION CARRIED 4-0-1. 7 Regular City Council Meeting Minutes November 16, 2017 AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Wu NOES: None ABSENT: None RECUSE: Councilmember Spreen Councilmember Spreen returned to the dais. The City Council recessed at 8:15 p.m. The City Council reconvened to Open Session at 8:21 p.m. 5. PUBLIC HEARINGS A. Motion to Waive Reading and Introduce an Ordinance (First Reading) to Amend TITLE 9 (SUBDIVISION ORDINANCE) OF THE LOS ALTOS HILLS MUNICIPAL CODE. The Subdivision Ordinance consists of regulations related to the subdivision of land within the Town of Los Altos Hills and were enacted for the purpose of promoting orderly development of property and the public health, safety, convenience and general welfare of Town residents. These regulations insure that the development of land is consistent with the general community objectives in the General Plan and the established rural character of the Town. The Town has determined that an update to the Subdivision Ordinance is necessary in order to bring the Town's subdivision code into conformance with the State Subdivision Map Act and to streamline and clarify the existing regulations. File #349-16-MISC, CEQA Review: Categorical Exemption per Section 15061(b)(3) (Staff: S. Avila). Consultant Planner Steve Padovan presented the staff report. Council discussion ensued. Mayor Waldeck opened the Public Hearing. Seeing no one wishing to speak, Mayor Waldeck closed the Public Hearing. MOTION MADE AND SECONDED: Councilmember Spreen moved to waive reading and introduce the ordinance to amend Title 9 of the Los Altos Hills Municipal Code. The motion was seconded by Vice Mayor Radford. Motion Carried 5 to 0: 8 Regular City Council Meeting Minutes November 16, 2017 AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None A point further in the meeting, the City Attorney asked the Council to return to agenda item #5.A to reintroduce the motion. He stated that one minor clarification on page 10 of the ordinance. Under the definition of public roads, the ordinance refers to public roads dedicated to and maintained by the Town; the word that needs to be added is "accepted" by the Town. It would read "dedicated to, accepted by and maintained by the Town.” MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive reading and reintroduce the ordinance to amend Title 9 of the Los Altos Hills Municipal Code to include the word “accepted” on page 10. 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 Mayor Waldeck requested that the standing committee resolution return in January to further discuss how Town committees interact. The letter sent by Mr. Tosta includes 10 items that the Council needs to review. 6. ONGOING BUSINESS A. Amend the Standing Committee Resolution to Update Committee Charters (Staff: D. Padovan) Mayor Waldeck presented the revised standing committee resolution. Council discussion ensued. Councilmember Corrigan asked that F and G be added to the Open Space Committee charter "as approved by City Council." She 9 Regular City Council Meeting Minutes November 16, 2017 would like to deliberate further on the suggestions provided by the letter by attorney Tosta. MOTION MADE AND SECONDED: Councilmember Corrigan moved to adopt the phrase added to items F and G in the Open Space Committee charter, "following town communications polices". 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 MOTION MADE AND SECONDED: Vice Mayor Radford moved to adopt Resolution 70-17, in its entirety, Establishing Standing Committees and Adopting General and Special Rules Pertaining Thereto. The motion was seconded by Councilmember Corrigan. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None Vice Mayor Radford commented on the Public Art Committee charter and said that we need to get back to a basic purpose for the committee. Council discussion ensued. It was suggested that the Public Art Committee come up with a roadmap for the future. Councilmember Corrigan requested that the Public Art Committee define how much art they wish to purchase and where to place it. She said that the Council needs to understand what the Committee’s roadmap for success looks like. 10 Regular City Council Meeting Minutes November 16, 2017 Tim Tosta, San Mateo, questioned the Open Space Committee charter and asked that any revisions be discussed in January. Mayor Waldeck replied affirmatively. 7. NEW BUSINESS A. Request by Resident Linda Siedel 26642 Purissima Road for a Waiver of Fees for a Site Development Permit for a Landscape Screening Plan for a Previously Approved Secondary Dwelling Unit; File #324-13-ZP-SD (Staff: S. Avila) City Manager Cahill presented the staff report. Council discussion ensued. Timothy Tang, Los Altos Hills, expressed concerns about the drainage on the property. Linda Seidel, Los Altos Hills, spoke on behalf of her waiver request. MOTION MADE AND SECONDED: Vice Mayor Radford moved to accept the staff recommendation and waive all fees related to the landscaping in the amount of $5,326.75 except for an administrative fee; the remaining balance is $510 (and the landscape deposit is separate). The motion was seconded by Mayor Waldeck. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None B. Review of Draft Environmental Impact Report for Stanford's General Use Permit Update (Staff: S. Avila) Planning Director Suzanne Avila presented the proposed letter. Council discussion ensued. MOTION MADE AND SECONDED: Vice Mayor Radford moved to approve the letter as written, amended to include the Council's comments earlier tonight, and if any member of the council has additional comments, they should be sent to staff and the Mayor makes the final decision for the letter to be sent. The motion 11 Regular City Council Meeting Minutes November 16, 2017 was seconded by Mayor Waldeck. 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 A. Request by the Emerging Technologies Ad Hoc Committee to Approve a Letter to be Signed by the Mayor Requesting Information from Technology Companies Josh Salcman, Chair of the Ad Hoc Committee on Emerging Technology, presented the letter request to the City Council. Council discussion ensued. DIRECTION: There was agreement that the letter and the Request for Information be sent with any edits to the letter that the Mayor requires. At this point the Council returned to Item 2.F as the Chair of the Open Space Committee arrived to present. 2.F. Annual Report by the Los Altos Hills Open Space Committee Kit Gordon, Chair of the Open Space Committee presented the annual report of the committee. Council discussion ensued. No action was taken. B. Request by the Finance and Investment Committee for Approval to Fund a CalPERS Pension Prepayment Roddy Sloss, Chair of the Los Altos Hills Finance and Investment Committee presented the pension liability report. He requested the Council approve a resolution to approve the two amounts and with that resolution it will trigger the staff’s ability to seek outside counsel's review. 12 Regular City Council Meeting Minutes November 16, 2017 Council discussion ensued. MOTION MADE AND SECONDED: Mayor Waldeck moved to approve pension liability prepayment to be paid to CalPERS of $1,223,199; Establish Section 115 Pension Trust to be administered by PARS (Public Agency Retirement Services) and initially funded with $500,000; Disbursement of funds to be authorized by Council after approval by Council of: 1) PARS management agreement, 2) Investment Policy statement for Section 115 Trust funds; 3) Investment strategy to be applied to $500,000 initial investment; and 4) Payment authorization letter in a form requested by CalPERS. 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 9. STAFF REPORTS A. City Manager – No report. MOTION MADE AND SECONDED: Vice Mayor Radford moved to extend the meeting past 10:00 p.m. 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 C. City Clerk – No report. 13 Regular City Council Meeting Minutes November 16, 2017 D. Planning Director Planning Director Avila informed the Council that the Planning Commission on November 2, 2017, considered an application for a nine-lot subdivision of property at 28030 Natoma Road. The Commission did forward a recommendation to the Council on that project and it is staff's intention to agendize the matter for the January 18, 2018 City Council meeting. B. City Attorney Vice Mayor Radford asked if an agenda item can be added to the current agenda discuss the special Planning Commission meeting. The City Attorney replied that due to the new information that came to light earlier today, it can be added, but requires a two-thirds vote of the City Council. MOTION MADE AND SECONDED: Vice Mayor Radford moved to add an item to the agenda to discuss the Planning Commission action and provide possible guidance prior to the Planning Commission meeting on Monday. The motion was seconded by Mayor Waldeck. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None The City Attorney said that (Planning) Commissioner Couperus wrote an email to the City Council that raised issues that were related to the Commission's decision at their last meeting, it was 4 to 1 in favor of the recommendations. Commissioner Couperus specifically asked that the Council consider referring the matter back to the Commission. The Commission has an option, their own ability to consider a motion to rescind. He said the Council could provide input to the Commission that would be communicated to them directly. He recommended the Council allow public comment on this late added item. Council discussion ensued. The City Attorney said the Council is not having any substantive discussion on any subdivision map application. The Council is only discussing the process issue. 14 Regular City Council Meeting Minutes November 16, 2017 Tim Tosta, San Mateo, stated that in the history of every staff member he has spoken with, the Town has never had a prior rescission vote in this community. He said it is bad policy to set off into a realm where decisions are made and then people have the opportunity to twist a vote. City Attorney Mattas said that the matter is scheduled to be heard by the Council on January 18, 2018 and whatever decision the Planning Commission makes will not change that timeline. If the Council wants to advise the Commission that it is their preference that it comes directly to Council, that could occur. It is an important distinction that the Planning Commission is advisory, it is not the final decision. If the Town had a long series of reconsiderations or rescissions all the time, that would delay the process. This Council has referred matters back to the Planning Commission. There is precedent of Council referral to the Planning Commission. Further Council discussion. Vice Mayor Radford said that he wants the matter to come to the City Council on January 18, 2018, and each individual Planning Commission member could address the Council at that meeting. Councilmember Spreen said the Commission should have the discussion on Monday in order to finish up their work. Mayor Waldeck said that no matter what the Planning Commission decides, the Council makes the ultimate decision. He said he thought the smarter move would be to allow the matter to be decided at the City Council meeting in January. Councilmember Wu said the Planning Commission should meet on Monday. Councilmember Corrigan said that this entire thing stinks. In her opinion, the letter from Commissioner Couperus was inappropriate. In her training she was told that she would vote and then wake up the next morning and regret it. She was told "deal with it." Assumptions are currently being made that do not sit well with her relating to transparency. Council discussion continued. MOTION MADE AND SECONDED: Vice Mayor Radford moved to communicate to the Planning Commission that the City Council is planning to have this issue in front of us on January 18, 2018, and the Council needs no further individual Planning Commission deliberations around this issue to hold the meeting; any communication the members want, they are free to give to the Council directly at the January 18th meeting; the Planning Commission meeting on November 20, 2017 is not necessary; the Council is looking for no further guidance. 15 Regular City Council Meeting Minutes November 16, 2017 The motion was seconded by Mayor Waldeck. Motion Carried 4 to 1: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Wu NOES: Councilmember Spreen ABSENT: None ABSTAIN: None E. Administrative Services Director - No report. F. Public Works Director 1. Report on LAHMC 8-5.01 Underground Installations-Electrical and Telephone Service Lead-In and Conditions of Approval Public Works Director Chen presented the underground installations. Roy Woolsey, Los Altos Hills, said the Town has the opportunity here to look at a case-by-case basis for underground utilities. Council discussion ensued. No action was taken. 2. Stinkwort Eradication Update Director Chen informed the Council that staff contacted Caltrans in October about stinkwort and did not receive a response. Staff also contacted Stanford, who replied that volunteer efforts have made progress controlling stinkwort on university properties. 10. COUNCIL INITIATED ITEMS The Council Initiated Items were taken out of order. D. Discussion of and Possible Direction to Seek a New ZIP Code for Los Altos Hills and its Associated Sphere of Influence (Mayor Waldeck) Mayor Waldeck outlined municipal benefits to requesting the Town's own zip code. He recommended that the City Council agree to send the postal service a request for a new zip code. 16 Regular City Council Meeting Minutes November 16, 2017 Council discussion ensued. MOTION MADE AND SECONDED: Mayor Waldeck moved that the Town pursue a unique zip code from the post office. The motion was seconded by Councilmember Wu. Motion Carried 5 to 0: AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan, Councilmember Spreen, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None A. Discussion to Consider Direction to Staff to Draft a Noise Ordinance Amendment to Include Leaf Blower Noise (Councilmember Wu) Dave Fribush, Los Altos Hills, asked that the existing noise ordinances be enforced and asked that Town staff look into banning gas-powered leaf blowers. Councilmember Corrigan suggested that Silicon Valley Clean Energy run an education campaign on electric leaf blowers throughout the service area. Vice Mayor Radford asked Mr. Fribush to confirm the numbers around the pollution levels and confirm those numbers with the staff. Councilmember Spreen reported about the noise levels and the noise ordinance. Further Council discussion ensued. DIRECTION: Agendize this topic for January City Council meeting. Sue Welch, Los Altos Hills, said she would like to see leaf blowers gone. Pat Lang, Los Altos Hills, said she would like to see gas leaf blowers banned. B. Selection of a Councilmember and an Alternate to Serve on the South Bay Airport Round Table (Mayor Waldeck) - This item was not considered. F. Discussion and Action to Recommend a Primary and an Alternate to the Santa Clara County Valley Transportation Authority (VTA) Board (Mayor Waldeck) - added with Revision No. 1 17 Regular City Council Meeting Minutes November 16, 2017 Mayor Waldeck presented the item. Council discussion ensued. The item was tabled. C. Discussion and Possible Direction to Staff Amending Title 8, Chapter 1.1 to Require all Properties to Comply with Chapter 7.A of the California Building Code (Mayor Waldeck) Mayor Waldeck presented the item. Council discussion ensued. No action was taken. E. Discussion and Possible Direction on a Code of Conduct for Elected Officials (Mayor Waldeck) - this item was continued to the January 18, 2018 City Council meeting. 11. ADJOURN The meeting adjourned at 11:33 p.m. Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the November 16, 2017 regular City Council meeting were approved as presented at the January 18, 2018 regular City Council meeting.