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HomeMy WebLinkAbout8/16/2018 1 City Council Regular Meeting Minutes August 16, 2018 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, August 16, 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 6:00 p.m. A. Roll Call Present: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning Director Suzanne Avila, Interim Public Works Director/City Engineer Nichol Bowersox, Administrative Services Director Kelly Mayes, Consultant Planner Steve Padovan, City Clerk Deborah Padovan B. Pledge of Allegiance 1. AGENDA REVIEW Mayor Radford stated that a request has been issued to continue the public hearings on the Lands of Linebarger. The Council would decide on that request once the applicant arrives. There were no changes to the agenda. 2. PRESENTATIONS AND APPOINTMENTS A. Appointment of a Los Altos Hills Planning Commissioner to Fill a Vacancy City Clerk Padovan presented the applications for the Planning Commission. Jim Abraham, Los Altos Hills, expressed his interest in serving on the Planning Commission. Carol Gottlieb, Los Altos Hills, expressed her interest in serving on the Planning Commission. Robert Leland, Los Altos Hills, expressed his interest in serving on the Planning Commission. 2 City Council Regular Meeting Minutes August 16, 2018 Alexei Tumarkin, Los Altos Hills, expressed his desire to serve on the Planning Commission. Jim Waschura, Los Altos Hills, expressed his desire to serve on the Planning Commission. Council discussion ensued. The City Clerk distributed and then collected the ballots. The results were as follows: Councilmember Corrigan selected Jim Abraham. Councilmember Waldeck selected Jim Abraham. Councilmember Wu selected Carol Gottlieb. Mayor Pro Tem Spreen selected Carol Gottlieb. Mayor Radford selected Jim Abraham. The City Clerk tallied the selection and announced that Jim Abraham had received a majority of three votes. MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint Jim Abraham to the Planning Commission to complete the term ending June 30, 2020. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None B. Annual Report of the Los Altos Hills Open Space Committee Kit Gordon, Co-Chair of the Los Altos Hills Open Space Committee presented the committee's annual report. She requested approval to assemble an expert panel to discuss wildfire in California and fire management in the Town. 3 City Council Regular Meeting Minutes August 16, 2018 Council discussion ensued. The Council expressed support for the fire management talk. No action was taken. 3. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Council on any subject not on the agenda may do so now. Please complete a Speaker Card located on the back table of the Council Chambers and submit it to the City C lerk. 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. Roy Woolsey, Los Altos Hills, spoke about construction issues and asked the Council to pass an ordinance that construction vehicles, be allow to park in the setback during the evening, weekends and when no construction is in progress. Cheryl Matthews, Los Altos Hills, presented a report regarding cell towers and 5G technology. Carol Gottlieb, Co-Chair of the Los Altos Hills History Committee, invited the Council to the next History Committee presentation on the Ginzton family on Sunday, September 23, 2018 at 2:00 p.m. Santa Clara County Sheriff Captain Rich Urena introduced Lieutenant Mark Roggia and stated he is new to the West Valley Patrol Division. 4. CONSENT CALENDAR MOTION MADE AND SECONDED: Councilmember Waldeck moved approve the Consent Calendar with the exception of Item 4.K. The motion was seconded by Councilmember Corrigan. Motion Carried 5 to 0: AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None A. Approval of City Council Regular Meeting Minutes - June 21, 2018 4 City Council Regular Meeting Minutes August 16, 2018 B. Approval of City Council Regular Meeting Minutes - July 19, 2018 C. Review of Disbursements: June 1 - June 30, 2018 $1,375,247.98 D. Review of Disbursements: July 1 - July 31, 2018 $675,800.64 E. Resolution 64-18 Authorization the City Manager to Execute Standing Purchase Orders for Fiscal Year 2018-2019 in an Amount Not to Exceed $5,563,860 (Staff: K. Mayes) F. Resolution 65-18 Appointing Directors to Plan JPA on Behalf of the Town of Los Altos Hills (Staff: K. Mayes) G. Resolution 66-18 Approving a Summary Vacation of a Sanitary Sewer Easement Located at 14469 Manuella Road (Staff: N. Bowersox) H. Resolution 67-18 Accepting Dedication of a Pathway Easement Located at 11871 Hilltop Drive; LANDS OF SANDBROOK LLC (Staff: N. Bowersox) I. Resolution 68-18 Authorizing Staff Advertise a Request for Proposal for On-Call Professional Consultant Services (Staff: N. Bowersox) J. Resolution 69-18 Awarding a Contract for the 2018 Sewer Repair and Replacement Project (Staff: N. Bowersox) L. Resolution 70-18 Rejecting All Bids Received for the Westwind Barn Paddock Improvement Project (Staff: N. Bowersox) M. Notification of Fast Track Approval: LANDS OF DUTCHINTS DEVELOPMENT, LLC; 26088 Duval Way; File #68-18-ZP-SD; A request for a Site Development Permit for a new 4,999 square foot residence (Maximum height 18' 9") CEQA Review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone (Staff: S. Avila) Appeal Deadline: Wednesday, August 22, 2018 at 5:00 p.m. The Council now considered Consent Calendar Item 4.K. K. Resolution 71-18 Awarding a Contract for the Green Infrastructure Work Plan (Staff: N. Bowersox) Councilmember Corrigan asked about the funding of this item. City Manager Carl Cahill replied that this is a requirement under the terms of the Town's storm water permit. 5 City Council Regular Meeting Minutes August 16, 2018 MOTION MADE AND SECONDED: Moved by Councilmember Corrigan, seconded by Mayor Pro Tem Spreen and passed unanimously to adopt Resolution 71-18 awarding a contract to develop a Green Infrastructure Plan. The motion was seconded by Mayor Pro Tem Spreen. Motion Carried 5 to 0: AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None As it was not yet 7:00 p.m. the Council considered New Business Item 6.A. 6. NEW BUSINESS A. Appointment of a Councilmember to a Subcommittee for the Collection of Garbage, Recyclable and Compostable Materials, and Street Sweeping Franchise Agreement Renewal (Staff: K. Mayes) Administrative Services Director Kelly Mayes presented the report. Council discussion ensued. DIRECTION: Mayor Pro Tem Spreen agreed to serve on the subcommittee for the renewal of the franchise agreement for collection of garbage, recyclable and compostable materials, and street sweeping. 9. COUNCIL INITIATED ITEMS A. Discussion Regarding the Current Size of Pathways Committee (Mayor Pro Tem Spreen) Mayor Pro Tem Spreen provided an update on the Pathways Committee size. Two seats have recently been vacated due to a term ending and another for resignation. There was discussion at the committee to keep the maximum number of members to the current size of nine (9). There was Council consensus to keep the Pathways Committee at nine (9) members for a one-year trial period. 6 City Council Regular Meeting Minutes August 16, 2018 The Council considered Agenda Items 5.B and 5.C together. 5. PUBLIC HEARINGS Mayor Radford stated that the first item to consider is the request to continue the hearing to the October 18, 2018 City Council meeting. City Attorney Mattas provided direction regarding the two applications on the Lands of Linebarger. Mr. Linebarger's attorney submitted letters supporting the rationale for requesting a continuance to the October 18, 2018 regular City Council meeting. Bart Hechtman, Attorney for Applicant Forest Linebarger, submitted a request to continue both applications to the October 18, 2018 regular City Council meeting. Council discussion ensued. There was agreement to consider both items at this meeting and not issue a continuance. B. LANDS OF LINEBARGER; 10728 Mora Drive (Formerly 10730 Mora Drive, Lot 1): Appeal of the Planning Commission denial of a Site Development Permit and Conditional Development Permit for a new 2,679 square foot, two-story single-family dwelling with 2,881 square feet of basement area on two levels along with Variance requests for side yard building setbacks of fifteen (15) feet and 15.5 feet, uncovered parking in the front and side yard setbacks, and deck, hardscape and basement lightwells in the side yard setbacks on a .374 acre lot; (Maximum height of structure is 27'); File #APL18-0001; Original project file #415-14-ZP-SD-GD-CDP-VAR; CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone district (Staff: S. Padovan) C. LANDS OF LINEBARGER; 10758 Mora Drive (Formerly 10730 Mora Drive, Lot 3): Appeal of the Planning Commission denial of a Site Development Permit and Conditional Development Permit for a new 2,508 square foot, two-story single-family dwelling with 2,797 square feet of basement area on two levels and Variance requests for side yard building setbacks of fifteen (15) feet, uncovered parking in the front and side yard setbacks, and deck, hardscape and basement lightwells in the side yard setbacks on a .398 acre lot; (Maximum height of structure is 27'); File #APL18-0002; Original project file #413-14-ZP-SD-GD- CDP-VAR; CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone district (Staff: S. Padovan) Ex Parte Contacts Disclosure: Councilmember Corrigan stated that she met with a number of neighbors, Forest Linebarger in the past, but not recently, and two weeks ago she sat down with eight or nine neighbors; Mayor Pro Tem Spreen said that he also met with eight or nine neighbors a few weeks ago, and met with Forrest Linebarger years ago; Councilmember Waldeck met with neighbors and previously with Mr. Linebarger; Councilmember Wu met with neighbors and also 7 City Council Regular Meeting Minutes August 16, 2018 met with Forest Linebarger; Mayor Radford said he met with neighbors and received about 40 written letters. Mayor Radford outlined the process for the evening. He said that staff will provide a presentation for both items; the public hearing will be opened, and the applicant will have 30 minutes to make a presentation for each property; the public may speak for 2 minutes each; the applicant will receive 10 minutes per property to provide a response; and then it will be return to Council for further direction. Mayor Radford opened the Public Hearing. Consultant Planner Steve Padovan presented the staff report for 10728 Mora Drive. Consultant Planner Steve Padovan presented the staff report for 10758 Mora Drive. Forest Linebarger, Applicant, presented his application for 10728 Mora Drive. Forest Linebarger, Applicant, then presented the application for 10758 Mora Drive. Bart Hechtman, Attorney for Forest Linebarger, objected to holding the hearing for the reasons stated in his August 13, 2018 letter, previously provided to the City Council. Council asked questions of staff and received responses. David Kehlet, Los Altos Hills, spoke in opposition to both applications. Hal Feeney, Los Altos Hills, spoke in opposition to both applications. Judy Klein, Los Altos Hills, spoke in opposition to both applications. Mary Jo Feeney, Los Altos Hills, spoke in opposition to both applications. Esther John, Los Altos Hills, spoke in opposition to both applications. Eloise Bodine, Los Altos Hills, spoke in opposition to both applications. Karen Kehlet, Los Altos Hills, spoke in opposition to both applications. Charles Bodine, Los Altos Hills, spoke in opposition to both applications. Pete Hooper, Los Altos Hills, spoke in opposition to both applications. 8 City Council Regular Meeting Minutes August 16, 2018 Camas Steinmetz, Attorney with Aaronson, Dickerson, Cohn & Lanzone, San Carlos, spoke in opposition to both applications. Matthew Zinn, Attorney with Shute Mihaly & Weinberger, LLP, San Francisco, spoke in opposition to both applications. Art De Geus, Los Altos Hills, spoke in opposition to both applications. Richard Partridge, Former Los Altos Hills Planning Commissioner, spoke about lost opportunities in dealing with the applicant. Mr. Hechtman provided a rebuttal to the public comment. Forest Linebarger also provided a rebuttal to the public comment. Meeting went into Recess at 9:17 p.m. Meeting Reconvened to Open Session at 9:23 p.m. Mr. Linebarger described a conversation he had in the past with a former Planning Director for the Town. City Attorney Mattas then responded to Mr. Linebarger's comments regarding the Planning Director's statements. Mayor Radford closed the Public Hearing. At the direction of the Mayor, the City Attorney suggested the Council ask questions of staff and then the Council can determine whether to deliberate on the issue and take action this evening or to continue the matter to another date and time. Council discussion then ensued. City Attorney Mattas explained that the staff reports presented to the Council were a reflection of the decision of the Planning Commission. Councilmember Wu said that after hearing all the testimony, she has been worried about setting a precedent. She expressed concerns about other substandard lots in the Mora Drive area and suggested that the Town should have a policy to prevent development of substandard lots. Mayor Pro Tem Spreen said he doesn't get issue fatigue and that we should find what is reasonable in a situation like this with a unique, edge case property. A house can be built, but it should be smaller. He believed that the Planning Commission made the right decision and that the Town should uphold the denial of the Planning Commission. Councilmember Corrigan said that one side isn't right and the other wrong, they are both right in their approach and we must find a solution that works. She said she is not willing to accept the appeal tonight. She thanked the applicant for 9 City Council Regular Meeting Minutes August 16, 2018 remaining consistently willing to compromise. She suggested that the Council provide clear direction to the Planning Commissioners and be very careful about setting a precedent or creating a problem that breeds itself further. Councilmember Waldeck said that not one single neighbor is in favor of these two proposals. The Planning Commission said the houses are too big for the lot; he looked at the surrounding neighborhood carefully and this development doesn't fit the neighborhood. He expressed the need to protect the character of the neighborhood. He said neighborhood compatibility is very important. 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: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None Councilmember Wu said she supports the Planning Commission decision and recommended that Mr. Linebarger work with the neighbors. She believes a solution can be found and a compromise can be reached. Mayor Radford said that the applicant put a lot of effort into this project, including unique thinking about how to continue to maximize the value of the houses on those lots. He said the applicant has a big decision to make; continue to push without neighborhood support or perhaps start from a different premise on what is acceptable in this Town. Further Council discussion ensued with questions asked and responded to by staff. MOTION MADE AND SECONDED: Mayor Radford moved to uphold the findings of the Planning Commission and direct staff to prepare findings of denial based on the Council direction and return in September to approve the findings; waive the new application fee for both lots; and waive the one-year requirement for the applicant to submit a new application. The motion was seconded by Councilmember Wu. Motion Carried 5 to 0: AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, 10 City Council Regular Meeting Minutes August 16, 2018 Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None A. Introduction (First Reading) of an Ordinance Amending Sections 10-1.202, 10- 1.706 and 10-1.804 of the Los Altos Hills Municipal Code Prohibiting the Cultivation of Medical and Nonmedical Cannabis, Including Personal Outdoor Cultivation, and Prohibiting the Establishment of all Commercial Medical and Nonmedical Cannabis Operations Within the Town Limits Except for Delivery by a Licensed Business; File #49-18-MISC; CEQA Review: Categorical Exemption Per Section 15061(B)(3) (Staff: S. Padovan) (Motion to Waive Reading and Introduce the Ordinance) Mayor Radford opened the Public Hearing. Consultant Planner Steve Padovan presented the staff report. Council discussion ensued. Kjell Karlsson, Los Altos Hills, asked "what problem are you trying to solve?" Mayor Radford closed the Public Hearing. MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive reading and introduce an ordinance amending Sections 10-1.202, 10-1.706 and 10- 1.804 of the LAHMC Prohibiting the Cultivation of Medical and Nonmedical Cannabis Cultivation, except for Indoor and Outdoor Personal Outdoor Cultivation, and Prohibiting the Establishment of all Commercial Medical and Nonmedical Cannabis Operations within the Town; outdoor cultivation must be in a secured location, not visible from the public right-of-way and not within a setback or an easement granted to the Town. The motion was seconded by Councilmember Waldeck. MOTION CARRIED 3 to 2: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: Mayor Radford, Mayor Pro Tem Spreen ABSENT: None 11 City Council Regular Meeting Minutes August 16, 2018 ABSTAIN: None 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES – this item was not considered 8. 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 10. ADJOURN The meeting adjourned at 10:50 p.m. Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the August 16, 2018 regular City Council meeting were approved as presented at the October 18, 2018 regular City Council meeting.