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HomeMy WebLinkAbout3/21/2019 1 City Council Regular Meeting Minutes March 21, 2019 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, March 21, 2019 Council Chambers, 26379 Fremont Road, Los Altos Hills, California NOTICE TO PUBLIC CALL TO ORDER (5:30 P.M.) – CLOSED SESSION A. Roll Call – All present 1. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(d)(4)) Initiation of Litigation: One Case The meeting adjourned to closed session at 5:30 p.m. Closed session adjourned at 5:45 p.m. CALL TO ORDER (6:00 P.M.) – OPEN SESSION Mayor Spreen called the meeting to order at 6:00 p.m. A. Roll Call Present: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning Director Suzanne Avila, City Engineer/Public Works Director Nichol Bowersox, Interim Administrative Services Director Tran Nguyen, Principal Planner Steve Padovan, City Clerk Deborah Padovan B. Pledge of Allegiance 1. REPORT OUT OF CLOSED SESSION City Attorney Steve Mattas stated there was no reportable action resulting from closed session. 2 City Council Regular Meeting Minutes March 21, 2019 2. AGENDA REVIEW There were no changes to the agenda. 3. PRESENTATIONS AND APPOINTMENTS A. Appointment to the Los Altos Hills Pathways Committee City Clerk Deborah Padovan introduced the applications of Bridget Morgan and Richard Partridge. Mayor Spreen, as the Council liaison to the Pathways Committee, said he supported appointing both individuals to the committee. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to reappoint Bridget Morgan for a second, four-year term to the Los Altos Hills Pathways Committee. The motion was seconded by Mayor Spreen. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None ABSTAIN: None MOTION MADE AND SECONDED: Councilmember Tankha moved to appoint Richard Partridge for a four-year term to the Los Altos Hills Pathways Committee. The motion was seconded by Vice Mayor Wu. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None ABSTAIN: None 3 City Council Regular Meeting Minutes March 21, 2019 B. Appointment to the North County Library Authority City Clerk Padovan introduced the application of Ms. Epstein. Councilmember Corrigan spoke in support of Ms. Epstein. MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint Suzanne Epstein to the North Council Library Authority for a second, four-year term. The motion was seconded by Councilmember Tankha. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None ABSTAIN: None C. Appointment to the Los Altos Hills Environmental Design and Protection Committee City Clerk Padovan presented the applications and clarified that there was currently only one opening on the committee. Hajime Murakami, Los Altos Hills, introduced himself to the City Council and expressed his interest in serving on the committee. MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint Hajime Murakami to the Environmental Design and Protection Committee for a four-year term. The motion was seconded by Councilmember Tankha. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None ABSTAIN: None 4 City Council Regular Meeting Minutes March 21, 2019 D. Annual Report of the Los Altos Hills Environmental Design and Protection Committee Peter Brown, Chair of the Environmental Design and Protection Committee, presented the annual report of the committee. Council discussion ensued. The Council thanked the committee for all of their hard work. No action was taken. 4. 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, spoke about council liaison appointments to committees and said the practice should be abolished. Councilmember Tyson questioned Mr. Earnest about his behavior at the September 2018 Pathways Committee meeting. Steve Schmidt, Los Altos Hills, spoke about the Town's Climate Action Plan. Captain Rich Urena, Santa Clara County Sheriff's Office, spoke about crime, specifically residential burglaries over the last three months. 5. CONSENT CALENDAR Councilmember Corrigan commented on Consent Calendar Items 5.B and 5.C. She asked if there was a way to highlight or outline any approved budget savings from any of the expenditures/disbursements. MOTION MADE AND SECONDED: Councilmember Tyson moved to approve the CONSENT CALENDAR with the exception of 5.D. The motion was seconded by Councilmember Corrigan. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None 5 City Council Regular Meeting Minutes March 21, 2019 ABSTAIN: None A. Approval of City Council Special Meeting Minutes - January 31, 2019 B. Approval of City Council Regular Meeting Minutes - February 21, 2019 C. Review of Disbursements: February 1-28, 2019 $544,217.75 E. Notification of Fast Track Approval: Lands of Talagadadeevi; 12857 La Cresta Drive; File #232-17-ZP-SD; A request for a Site Development Permit for a new 4,990 square-foot, two-story residence (Maximum height 23'-10"); CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone; (Staff: J. Loh) Appeal Deadline: Wednesday, March 27, 2019 at 5:00 p.m. F. Notification of Fast Track Approval: Lands of Broken Oak Trust; 27860 Black Mountain Road; File #SD18-0071; A request for a Site Development Permit for a new 5,902 square-foot residence (Maximum height 27'-10") with a new 1,000 square foot secondary dwelling unit, a new 1,239 square foot detached garage, and a new 1,307 square foot accessory structure; CEQA review: Categorical Exemption per Section 15303(a) - construction of a new single-family residence in a residential zone; (Staff: J. Loh) Appeal Deadline: Wednesday, March 27, 2019 at 5:00 p.m. The Council now considered Consent Calendar Item 5.D. D. Proclamation Recognizing March as American Red Cross Month (Staff: D. Padovan) Councilmember Tankha asked about the process of deciding who receives a proclamation. City Clerk Padovan explained that the Town has a proclamation policy and a member of the public requested this particular proclamation be placed on the agenda. MOTION MADE AND SECONDED: Councilmember Tyson moved to approve the proclamation recognizing March as American Red Cross Month. The motion was seconded by Councilmember Corrigan. Motion Carried 4 to 1: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tyson 6 City Council Regular Meeting Minutes March 21, 2019 NOES: Councilmember Tankha ABSENT: None ABSTAIN: None The Council now considered Item 11. Council Initiated Items. 11. COUNCIL INITIATED ITEMS A. Revisit and Update Council Liaison Assignments to Outside Agencies (Mayor Spreen) Mayor Spreen presented the appointments and he said that the Cities Association and the VTA needed to be revisited. He said that Vice Mayor Wu has worked out the issue relating to the Cities Association and he offered to take the assignment to be the liaison to the VTA. There was no objection to Mayor Spreen’s appointment to the VTA. B. Discussion and Possible Action to Potentially Move or Change the September, October and November 2019 City Council Meeting Dates/Times (Councilmember Tyson) Councilmember Tyson explained that he teaches a class in Berkeley during the Fall semester and would have a difficult time arriving by 6 p.m. for the City Council meeting in September, October and November. Council discussion ensued. There was general consensus that the meeting time stay at 6:00 p.m. and the Mayor arrange the agenda accordingly. The Council agreed to be flexible, including possibly moving the meeting time to 6:30 p.m. based on scheduling. 6. PUBLIC HEARINGS A. 2018 Housing Element Annual Progress Report to the City Council. The report summarizes the status of housing production, affordability of units, implementation of Housing Element programs, and the progress made in meeting the community's share of regional housing needs (Staff: S. Padovan) Principal Planner Steve Padovan presented the Annual Progress Report of the Housing Element. Council discussion ensued. Mayor Spreen opened the Public Hearing. 7 City Council Regular Meeting Minutes March 21, 2019 Jim Waschura, Los Altos Hills, asked about alleviating fees for pathway construction costs on a second unit. Mayor Spreen closed the Public Hearing. MOTION MADE AND SECONDED: Councilmember Corrigan moved to approve the 2018 Annual Progress Report on the implementation of the 2015-2023 Housing Element and direct staff to forward the report to the appropriate state agencies. The motion was seconded by Councilmember Tankha. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None ABSTAIN: None B. Appeal of a Planning Commission Approval of a Site Development Permit for Landscape Screening which requires the relocation of a fence to allow for a three- foot-wide wildlife corridor along a side property line; Lands of Taneja; 13685 La Paloma Road; File #APL19-0001 (original File #434-17-ZP-SD) (Staff: S. Padovan) Principal Planner Steve Padovan presented the staff report. Ex Parte Disclosures: Mayor Spreen stated that he met and walked the property with the contractor and spoke with neighbors; Councilmember Corrigan attended a site visit and met with the contractor; Councilmember Tankha met with Natalie Forood and Brigitta Indaco; Vice Mayor Wu met with the general contractor Natalie Forood and also had a site visit; Councilmember Tyson stated he contacted by Natalie Forood but did not meet with her, however, he did walk the property. Councilmember Tyson further commented that if anyone one wants to meet with a public official on a general subject where one would like feedback or advice, he is happy to meet. If there is something on an upcoming agenda, he is reluctant to meet and receive information that is not in the public setting. The City Council asked questions of staff and received responses. Mark Hudak, attorney for the applicants and appellants Hemant and Jessica Taneja, presented his applicants’ appeal of the Planning Commission decision. Hemet Taneja, homeowner and applicant stated that his family have been residents since 2011 and have built to code and protected their neighbors’ 8 City Council Regular Meeting Minutes March 21, 2019 privacy. He respectfully requested removing from the condition of approval that requires a wildlife corridor. Mayor Spreen opened the Public Hearing. Birgitta Indaco, Los Altos Hills, requested that the Planning Commission’s decision be upheld to support wildlife migratory routes and access. Ron Nagy, Los Altos Hills, said that the requirement to have a fence setback may not have been an issue prior, but the deer really have no place to go. Peter Brown, Los Altos Hills, supported the free passage of wildlife through the Town. Don Mattson, Los Altos Hills, spoke in support of the Planning Commission's decision. Judy Nagy, Los Altos Hills, said that she set up web cams to observe wildlife and the deer pass from 2 a.m. to 10 p.m. regularly. She noted seeing them at least 27 times since the end of February. Carol Gottlieb, Los Altos Hills, said that fences are going in and are causing problems for the deer and neighbors. Jim Abraham, Los Altos Hills Planning Commissioner, said that he did not support voting for the wildlife corridor. Mayor Spreen closed the Public Hearing. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to grant the appeal and approve the Site Development Permit by modifying condition number 8 to remove the following language "the existing fencing along the easterly property line shall be removed and any new fencing along th at property line shall be set back at least three (3) feet from the property line.". The motion was seconded by Vice Mayor Wu. Motion Carried 3 to 2: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan NOES: Councilmember Tankha, Councilmember Tyson ABSENT: None ABSTAIN: None 9 City Council Regular Meeting Minutes March 21, 2019 C. Urgency Ordinance to Amend Title 7 (Public Works) of the Los Altos Hills Municipal Code to Establish Regulations for Wireless Telecommunications Facilities (Staff: S. Padovan) Principal Planner Steve Padovan presented the staff report. Council asked questions of staff and received responses. Mayor Spreen opened the Public Hearing. Les Earnest, Los Altos Hills, said this proposal is evil at two levels; it enables the installation of 5G that may or may not work; and there is a chance it could kill people through radiation. Jim Abraham, Los Altos Hills, said this ordinance enables the Town to have some semblance of control over what the 5G providers want to install. Mayor Spreen closed the Public Hearing. Council discussion ensued. City Attorney Mattas informed the Council that the law gives cities some discretion on installation, but that discretion cannot be exercised in a manner that effectively prohibits the utilization of facilities. There is a balance that each city will have to determine on how restrictive their regulations will be. MOTION MADE AND SECONDED: Vice Mayor Wu moved to waive reading, introduce and adopt urgency Ordinance 581 Amending Title 7 of the Los Altos Hills Municipal Code to Add Chapter 5 Establishing Regulations for Wireless Telecommunications Facilities within the Town of Los Altos Hills. The motion was seconded by Councilmember Corrigan. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None ABSENT: None ABSTAIN: None The Meeting went into recess at 8:45 p.m. The Meeting reconvened to open session at 8:53 p.m. 10 City Council Regular Meeting Minutes March 21, 2019 7. ONGOING BUSINESS A. Report on the Results of the January 22, 2019 Planning Commission Study Session Regarding the Proposed Town Hall Addition/Remodel and Request to Proceed with Further Design for the Phased Expansion of Town Hall as Selected by the City Council and Process the Revised Plans and Conditional Use Permit/Site Development Permit/Variance for Consideration through the Town's Discretionary Review and Public Hearing Process (Staff: S. Padovan) Vice Mayor Wu stated she lives within 500 feet, recused herself, stepped down from the dais and left the room. Principal Planner Steve Padovan presented the staff report. Council asked questions of staff and received responses. Councilmember Tyson disclosed that he discussed the topic with Scott Vanderlip and later looked at his website. Jay Sutaria, Los Altos Hills, provided information on the usage of Town Hall Bridget Morgan, Los Altos Hills, commented on the survey in 2016 and said that perhaps the residents who live in the southern part of town are not inspired to come to Town Hall for recreation programs as Foothill College offers similar classes in a proximity that is much closer to those residents. Scott Vanderlip, Los Altos Hills, said that at the northern end of the town hall lot there is much more open space for recreation programs. Carol Gottlieb, Los Altos Hills, supported keeping the heritage house. Allan Epstein, Los Altos Hills, stated that we do need additional meeting space and the conversion of the back part of the chambers would be ideal. Mr. Sutaria provided an additional slide for the booking of all rooms from 2011 to 2018. Council discussion ensued. Councilmember Corrigan felt comfortable with the needs analysis that we are "pinched administratively." She said she would move forward with sending it to Planning Commission to consider the addition of administrative sp ace and the modest multi-purpose room that stays in the footprint of our current building. Councilmember Tankha said she would like to see if we can reconfigure the current office space for staff in the main area, enclose the patio and then do a deeper analysis for the needs of the community regarding recreation programs. 11 City Council Regular Meeting Minutes March 21, 2019 Councilmember Tyson said that we are missing a visioning step here. Overall, if we go with Option 2, we are making a partial commitment to the additional space and not precluding the northern end of the property. He suggested proceeding but wants to see something articulating a vision and consensus. Mayor Spreen agreed to disconnect the vision discussion and keep this as an operational facility making sure it is a good place to work for employees. He also agreed to follow option number 2 as he believes this option can address both staff and meeting room issues. MOTION MADE AND SECONDED: Councilmember Corrigan moved t continue the meeting past 10 p.m. The motion was seconded by Mayor Spreen. Motion Carried 4 -0-1: AYES: Mayor Spreen, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson NOES: None RECUSE: Vice Mayor Wu ABSTAIN: None Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Tyson moved to proceed along the lines of Option 2 with the idea towards maximizing administrative and operational needs while minimizing costs related to additional site improvements. The motion was seconded by Councilmember Corrigan. Motion Carried 3-1-1: AYES: Mayor Spreen, Councilmember Corrigan, Councilmember Tyson NOES: Councilmember Tankha RECUSE: Vice Mayor Wu ABSTAIN: None Vice Mayor Wu returned to the dais. 12 City Council Regular Meeting Minutes March 21, 2019 8. NEW BUSINESS A. Discussion and Possible Direction of Planning Commission Recommended Amendments to the Fast Track Guide and Process (Staff: S. Avila) Planning Director Suzanne Avila presented the staff report. Susan Mandle, Los Altos Hills Planning Commissioner, stated the Planning Commission received data/numbers from staff and they are in agreement that the numbers are correct. Jim Abraham, Los Altos Hills Planning Commissioner, said he was aware that this will add more meetings to the Planning Commission, which he said was a good thing. He said most of the decisions the Commission makes has a large impact and they should be thinking on their best level. However, he was opposed to having the Open Space Committee look at everything prior to going to the Planning Commission. Carol Gottlieb, Los Altos Hills, said the Environmental Design and Protection Committee supports the proposed amendments to the Fast Track process. Council discussion ensued. MOTION MADE: Vice Mayor Wu moved to direct the Planning Commission proposal to review the fast track process and make appropriate recommendations. The motion failed due to lack of a second. MOTION MADE: Councilmember Corrigan directed review interior and exterior lighting, including garages and landscape lighting; approve the proposed reviewed criteria that projects maxing out MFA and do not include an accessory dwelling unit and sent to the Planning Commission when they exceed 90% of development (MFA) and projects with grading volume of 4,000 cubic yards are more; all projects on private roads and notice to all homeowners. The motion failed due to lack of a second. Further Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Tyson moved to direct the Planning Commission to review the following: a project with a floor area that is 85% or more of the Maximum Floor Area (MFA) and does not include an accessory dwelling unit with the project; and a project with a grading volume of 2,000 cubic yards or greater. In addition, for all projects on private roads, a public notice shall be provided to all properties that use the private road for access. The Planning Commission shall consider interior and exterior lighting issues. The motion was seconded by Vice Mayor Wu. 13 City Council Regular Meeting Minutes March 21, 2019 MOTION AND SECOND AMENDED: Councilmember Tyson amended his motion to direct the Planning Commission to review the following: a project with a floor area that is 85% or more of the Maximum Floor Area (MFA) and does not include an accessory dwelling unit with the project; and a project with a grading volume of 3,000 cubic yards or greater. In addition, for all projects on private roads, a public notice shall be provided to all properties that use the private road for access. The Planning Commission shall consider interior and exterior lighting issues. These criteria shall be in effect for six (6) months starting on April 1, 2019 and shall apply to all new applications submitted. The amended motion was seconded by Vice Mayor Wu. Motion Carried 4 to 1: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Tankha, Councilmember Tyson NOES: Councilmember Corrigan ABSENT: None ABSTAIN: None The Council also provided direction to Environmental Design and Protection Committee to continue reviewing internal and external lighting and glass issues. B. Waive Reading and Introduce an Ordinance (First Reading) Amending Los Altos Hills Municipal Code Title 2 Administration, Chapter 3 Officers and Employees, Article 2 City Manager, Section 2-3.209 Attendance at Commission, Board and Committee Meetings (Staff: C. Cahill) (Motion to Waive Reading and Introduce the Ordinance) City Manager Carl Cahill presented the staff report. Kjell Karlsson, Los Altos Hills, questioned the ordinance amendment and thought it was too vague. MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive reading and introduce an ordinance amendment Title 2, Chapter 3, Article 2, Section 2-3.09 Attendance at Commission, Board and Committee meetings. The motion was seconded by Councilmember Tankha. Motion Carried 5 to 0: AYES: Mayor Spreen, Vice Mayor Wu, Councilmember Corrigan, Councilmember Tankha, Councilmember Tyson 14 City Council Regular Meeting Minutes March 21, 2019 NOES: None ABSENT: None ABSTAIN: None 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Councilmember Corrigan reported that the North County Library Authority voted to authorize funds to empower the taskforce to engage a consultant to begin a design or overall concept of a future library. Councilmember Tyson stated he went to a housing roundtable forum hosted by Senator Jerry Hill. 10. STAFF REPORTS A. City Manager City Manager Cahill stated that the Administrative Services Department will be fully staffed as of April 1, 2019. Finally, Planning Director Suzanne Avila's last day is April 5, 2019. He recognized all her accomplishments over the 10 years she worked for Los Altos Hills. The Council expressed their appreciation for her service. B. City Attorney - No report. C. City Clerk - No report. D. Planning Director - No report. E. Administrative Services Director - No report. F. Public Works Director - No report. 12. ADJOURN The meeting adjourned at 11:17 p.m. 15 City Council Regular Meeting Minutes March 21, 2019 Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the March 21, 2019 regular City Council meeting were approved as presented at the April 18, 2019 regular City Council meeting.