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HomeMy WebLinkAbout1/18/2018 1 City Council Regular Meeting Minutes January 18, 2018 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, January 18, 2018 Council Chambers, 26379 Fremont Road, Los Altos Hills, California CALL TO ORDER (6:00 P.M.) Mayor Radford called the meeting to order at 6:03 p.m. A. Roll Call Present: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning Director Suzanne Avila, Public Works Director/City Engineer Allen Chen, Administrative Services Director Pak Lin, City Clerk Deborah Padovan B. Pledge of Allegiance City Attorney Steve Mattas stated that there was no reportable action from closed session. 1. AGENDA REVIEW There were no changes to the agenda. 2. PRESENTATIONS AND APPOINTMENTS A. Public Safety Overview 2017 by the Santa Clara County Sheriff's Office Santa Clara County Sheriff Captain Rich Urena provided an update on public safety in Town. Council asked questions of Captain Urena and received his responses. The Council requested that the presentation provided by the sheriff be placed on the Town's website and shared on social media. No action was taken. B. Request by John Swan to Partner with Foothill College to Offer a Panel Discussion entitled "Diversity: The Core Asset of Silicon Valley" 2 City Council Regular Meeting Minutes January 18, 2018 John Swan, Los Altos Hills, sought the City Council's support to partner with Foothill College for a panel discussion on diversity in Silicon Valley. Council discussion ensued. Councilmember Corrigan suggested the Town sponsor the event. She asked that Mr. Swan craft an event, create a budget and worksheet on how it is managed and return and request sponsorship of the Town. 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. Page Alloo, Los Altos Hills, spoke about the problem of cut-through traffic in Town during the evening rush hour. 4. CONSENT CALENDAR MOTION MADE AND SECONDED: Councilmember Waldeck moved to approve the CONSENT CALENDAR with the exception of items 4.L and 4.M, specifically as follows. The motion was seconded by Mayor Pro Tem Spreen. Motion Carried 5 to 0: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford NOES: None ABSENT: None ABSTAIN: None A. Approval of Special Meeting Minutes: Joint Los Altos/Los Altos Hills City Councils Meeting - November 16, 2017 B. Approval of Regular Meeting Minutes: City Council Meeting - November 16, 2017 C. Approval of Special Meeting Minutes: City Council Meeting - December 14, 2017 (5:00 p.m.) D. Approval of Special Meeting Minutes: City Council Meeting - December 14, 2017 3 City Council Regular Meeting Minutes January 18, 2018 (6:00 p.m.) E. Review of Disbursements: November 1, 2017 - November 30, 2017 $1,981,476 F. Proclaiming January 21-27, 2018 as School Choice Week (Staff: D. Padovan) G. Accept the Biennial Other Post-Employment Benefit Plan Actuarial Report for Fiscal Year Ending June 30, 2017 (Staff: P. Lin) H. Resolution 01-18 Authorizing the City Manager to Execute Agreements with Public Agencies Retirement Services ("PARS") to Participate in the Public Agencies Post-Employment Benefits Trust ("115 Trust") and Transfer $500,000 to Said Trust; and Resolution 02-18 Authorizing the Transfer of $1.37 Million Directly to CalPERS to Reduce the Town's Unfunded Liability (Staff: P. Lin) I. Resolution 03-18 Accepting all of Volume 1 and the Los Altos Hills Portion of Volume 2 of the Santa Clara County Operational Area Hazard Mitigation Plan as an Annex to the Los Altos Hills General Plan (Staff: M. Hovey) J. Resolution 04-18 Accepting the 2017 Pavement Rehabilitation and Drainage Improvement Project (Staff: A. Chen) K. Adoption (Second Reading) of Ordinance 572 Amending Chapter 1 of Title 9 (Subdivisions and Plan Lines) of the Los Altos Hills Municipal Code; File #349- 16-MISC (Staff: S. Avila) N. Resolution 07-18 Stating it is the Policy of the Town to Plan, Design, Construct, Operate and Maintain its Street Network in Accordance with Complete Streets Principles and Requirements of the Metropolitan Transportation Commission and the Santa Clara Valley Transportation Authority (Staff: S. Avila and A. Chen) O. Receipt of Report on Status of Actions Following Adoption of Interim Urgency Ordinance 573, Establishing a Moratorium Prohibiting the Cultivation of Marijuana Including Personal Outdoor Cultivation and Prohibiting the Establishment of all Commercial Recreational Marijuana Operations Within the Town Limits (Staff: S. Mattas) The Council now considered Consent Calendar Items 4.L and 4.M. L. Resolution Setting a Date for Consideration of a Reorganization (Annexation) of an Uninhabited Territory Designated as Mora Heights Way No. 1, Approximately 2.57 Acres Located at 23220 Mora Glen Drive and 23261 Mora Heights Way. APNs 331-14-026 and 331-14-018. File #386-17-MISC (Staff: S. Avila) M. Resolution Setting a Date for Consideration of a Reorganization (Annexation) of 4 City Council Regular Meeting Minutes January 18, 2018 an Uninhabited Territory Designated as Mora Heights Way No. 2, Approximately 1.65 Acres Located At 23281 Mora Heights Way. APN 331-14-020. File #407-17- MISC (Staff: S. Avila) Mayor Radford asked Allan Epstein to address the Council on these two items. Mr. Epstein stated that the overall strategy regarding annexation needs to be worked out and he asked about the cost of maintaining the annexed roads. Planning Director Avila responded to Mr. Epstein's comments. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to adopt Resolution 05-18 Setting a Date for Consideration of a Reorganization (Annexation) of an Uninhabited Territory Designated as Mora Heights Way No. 1, Approximately 2.57 Acres Located at 23220 Mora Glen Drive and 23261 Mora Heights Way. APNs 331-14-026 and 331-14-018 and Resolution 06-18 Setting a Date for Consideration of a Reorganization (Annexation) of an Uninhabited Territory Designated as Mora Heights Way No. 2, Approximately 1.65 Acres Located At 23281 Mora Heights Way. APN 331-14-020. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford NOES: None ABSENT: None ABSTAIN: None 5. ONGOING BUSINESS A. Review and Approval of a Townwide Mailer Inviting Residents to a Town Hall Meeting Regarding a Unique Zip Code (Staff: D. Padovan) City Clerk Padovan introduced the item and Councilmember Waldeck provided further information. Council discussion ensued. Allan Epstein, Los Altos Hills, stated that it is important to note that Councilmember Waldeck is an advocate for a new zip code and that experts should be at the Town Hall meetings to express unbiased opinions. 5 City Council Regular Meeting Minutes January 18, 2018 MOTION MADE AND SECONDED: Mayor Pro Tem Spreen moved to approve the town-wide mailer inviting residents to a Town Hall meeting regarding a unique zip code. The motion was seconded by Councilmember Wu. Motion Carried 4 to 1: AYES: Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford NOES: Councilmember Corrigan ABSENT: None ABSTAIN: None 6. PUBLIC HEARINGS A. LANDS OF TOP ELEGANT INVESTMENT, LLC (Former Lands of Stirling); 28030 Natoma Road: File #193-15-TM and #112-15-MISC; A request for approval of a Tentative Map to subdivide an 18.18-acre property into nine lots; CEQA review: An Initial Study and Mitigated Negative Declaration have been prepared for this project (Staff: Suzanne Avila) Ex Parte Communications: Councilmember Waldeck stated that he had spoken with the applicant, several of the Open Space Committee members, Environmental Design and Protection Committee members, and the Council received written documents from staff; Mayor Pro Tem Spreen said that he spoke with the applicant, the Co-Chairs of the Open Space Committee, Nancy Couperus and Kit Gordon, and two neighbors Alice Sakamoto and Sue Welch; Councilmember Corrigan said she met with Rosy Ko and the project architect, and she had a conversation with Tim Tosta in advance of December's meeting and Kit Gordon; Councilmember Wu said she met with neighbor Sue Welch a few times and received written documentation from Alice Sakamoto, Open Space Committee Co- Chairs Nancy Couperus and Kit Gordon, Environmental Design and Protection Committee Chair Carol Gottlieb, prior to the December 14th Council meeting she had a telephone conversation with Planning Commissioner Jitze Couperus, she had met with Susan Mandle, and met with Rosy Ko three times and one of those times the architect was present; Mayor Radford met with Rosy Ko, Kit Gordon and Sue Welch and accepted a letter from Nancy Couperus. Mayor Radford opened the Public Hearing and outlined the process. The Planning Director will make a presentation; the Council can question staff and followed with a presentation from the applicant with a maximum time of 20 minutes. After the presentation, residents will be allowed to speak. He said that it is his goal to focus 6 City Council Regular Meeting Minutes January 18, 2018 ultimately on the issues that are still of some significant concern and then the Council will attempt to make a decision around those issues. Planning Director Suzanne Avila presented the staff report. Council discussion ensued. Director Avila responded to questions regarding CCRs and conditions of approval. City Attorney Mattas responded to questions from the Council regarding CCRs. Applicant Rosy Ko presented her application for the subdivision. Mayor Radford opened the Public Hearing. Susan Mandle, Planning Commissioner, Los Altos Hills, clarified why she voted no on the project and requested the topic be returned to the Planning Commission so they can do their due diligence. Kit Gordon, Los Altos Hills, requested that calculations be verified for lots 8 and 9. Director Avila responded to Ms. Gordon's comments. Sue Welch, Los Altos Hills, expressed concerns about lot 7. Carol Gottlieb, Los Altos Hills, said there is a grove of oak trees that aren't protected and she personally feels these trees should be saved through an open space easement. Jitze Couperus, Planning Commissioner, Los Altos Hills, said he agreed with Commissioner Mandle that the Planning Commission can be more innovative. Nancy Couperus, Los Altos Hills, said she is an open space advocate and prefers the idea of no fencing. Richard Partridge, Planning Commissioner, Los Altos Hills, explained the process that occurred during Planning Commission meetings for this project. Jim Basiji, Planning Commissioner, Los Altos Hills, said that the Commission reached a consensus that all critical issues were agreed upon. Language of conditions of approval were discussed; he responded that the issues were framed well enough that staff could use their expertise and skills to come up with the language to do the job. 7 City Council Regular Meeting Minutes January 18, 2018 Sharen Shoendorf, Los Altos Hills, said that a buffer between the subdivision and the current neighbors would go a long way to alleviating the feeling of being boxed in. Mayor Radford closed the Public Hearing. Council discussion ensued, including questions and responses from staff. Mayor Radford asked if the applicant had further comments. Applicant Rosy Ko provided additional comments. MOTION MADE AND SECONDED: Councilmember Corrigan moved to continue the meeting past 10 p.m. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford NOES: None ABSENT: None ABSTAIN: None Council discussion continued. Director Avila summarized the Council’s direction to the Planning Commission as follows: o Conditions of approval, including timing o Covenants, Conditions and Restrictions (CC&Rs) o No Fence Easement Agreement language o Review new information regarding lot 7 with consideration to the applicability of General Plan Land Use Element Policy 2.5 o Complete Army Corps of Engineers Wetland Delineation Mr. Tosta, attorney for Applicant Ko, requested that the Council continue the hearing to allow them a chance to respond to the issues. Councilmember Corrigan made a motion to continue this item to the next City Council meeting. Without a second, the motion failed. MOTION MADE AND SECONDED: Councilmember Waldeck moved to return the request for approval of a Tentative Map to subdivide an 18.18-acre property into nine lots to the Planning Commission for further discussion and 8 City Council Regular Meeting Minutes January 18, 2018 consideration on the list that Planning Director Avila summarized as the issues, including the comment on policy on 2.5 for applicability to lot 7. The motion was seconded by Mayor Pro Tem Spreen. Motion Carried 3 to 2: AYES: Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen NOES: Councilmember Corrigan, Mayor Radford ABSENT: None ABSTAIN: None The meeting went into Recess at 10:20 p.m. The meeting Reconvened to open session at 10:25 p.m. 7. NEW BUSINESS A. Consideration of Rescheduling the March 2018 City Council Meeting (Staff: D. Padovan) City Clerk Padovan presented the March calendar. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Waldeck moved to cancel the March 15, 2018 regular City Council meeting and schedule a special City Council meeting on March 22, 2018. The motion was seconded by Mayor Pro Tem Spreen. Motion Carried 5 to 0: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford NOES: None ABSENT: None ABSTAIN: None B. Council Appointments to Committees and Outside Agencies (Mayor Radford) – this item was not considered and continued to the February 15, 2018 City Council meeting. 9 City Council Regular Meeting Minutes January 18, 2018 8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Councilmember Waldeck reported that there is a new FAA roundtable for the South Bay and each city may have a representative. 9. STAFF REPORTS – This item was not considered. A. City Manager B. City Attorney C. City Clerk D. Planning Director E. Administrative Services Director F. Public Works Director 1. Report on the VTA’s I-280 Corridor Study 2. Presentation on Weekday Afternoon Cut- Through Traffic 10. COUNCIL INITIATED ITEMS A. Discussion to Consider Direction to Staff to Draft a Noise Ordinance Amendment to Include Leaf Blower Noise - continued from the November 16, 2017 City Council meeting Councilmember Wu summarized the item. Public Works Director Chen presented a report on the difference between an electric leaf blower and a gas-powered leaf blower. Council discussion ensued. No action was taken. Dave Fribush, Los Altos Hills, thanked the City Council for their time and consideration of the matter. Mayor Radford proposed to Mr. Fribush that he consider writing an article about leaf blowing for the Our Town Newsletter. B. Discussion and Possible Direction on a Code of Conduct for Elected Officials (Mayor Waldeck) - this item was not considered and continued to the February 15, 2018 City Council meeting. 10 City Council Regular Meeting Minutes January 18, 2018 C. Discussion and Possible Action Regarding the Future of the Public Art Committee (Councilmember Waldeck) this item was not considered and continued to the February 15, 2018 City Council meeting. 11. ADJOURN Prior to adjournment, the Council partially discussed appointments to outside agencies. MOTION MADE AND SECONDED: Councilmember Waldeck moved to appoint Councilmember Courtenay Corrigan to serve on the Silicon Valley Clean Energy Board for 2018. The motion was seconded by Mayor Radford. Motion Carried 5 to 0: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu, Mayor Pro Tem Spreen, Mayor Radford NOES: None ABSENT: None ABSTAIN: None The meeting adjourned at 10:55 p.m. Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the January 18, 2018 regular City Council meeting were approved as presented at the March 22, 2018 special City Council meeting.