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HomeMy WebLinkAbout03/31/2015 1 City Council Special Meeting Minutes March 31, 2015 Town of Los Altos Hills City Council Special Meeting Minutes and Minutes of the March 30, 2015 Adjourned Special Meeting Tuesday, March 31, 2015 Council Chambers, 26379 Fremont Road, Los Altos Hills, California Mayor Corrigan called the meeting to order at 6:00 p.m. CALL TO ORDER (6:00 P.M.) A. Roll Call Present: Mayor Corrigan, Mayor Pro Tem Harpootlian, Councilmember Larsen, Councilmember Radford, Councilmember Waldeck Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning Director Suzanne Avila, Public Works Director/City Engineer Richard Chiu, Administrative Services Director Yulia Carter, Finance Manager Pak Lin, Consultant Planner Steve Padovan, City Clerk Deborah Padovan B. Pledge of Allegiance 1. AGENDA REVIEW Mayor Corrigan reminded all interested that five items were continued from the March 30, 2015 Consent Calendar. Those five items will be inserted between Items 6 and 7 on this agenda. Councilmember Larsen requested that Consent Calendar Item 7.A be pulled for discussion. 2. PRESENTATIONS AND APPOINTMENTS A. Presentation by Steve Jordan, Director, Purissima Hills Water District, on the State of California's Water Project Tax (10 minutes) 2 City Council Special Meeting Minutes March 31, 2015 Purissima Hills Water District Board Member Steve Jordan presented a report on the State's Water Project Property Tax. Council discussion ensued. Gary Kremen, Los Altos Hills, said he was not here to justify the Water District's position as he is very much against it. Council asked questions and received responses. No action was taken. There was consensus to add this item to April's agenda, specifically requesting a representative from Santa Clara Valley Water District be invited to speak on the topic. Karen Lemes, Los Altos Hills, said there was no counter information from Santa Clara Valley Water District on this tax and that appears wrong. B. Westwind Barn Annual Report Presented by Victoria Dye Equestrian, LLC (10 minutes) Victoria Dye presented an annual review of the management and operations at Westwind Barn. Council discussion ensued. No action was taken. Community Services Supervisor Sarah Gualtieri provided results on the Town conducted customer satisfaction surveys for Westwind Barn. C. Presentation of Townwide Sign Study and Inventory Report by Nelson Nygaard Consulting Associates and Consideration of Removal of Signs Determined to be Unnecessary Public Works Director Richard Chiu stated that the Town contracted with Nelson Nygaard to review the existing signs in Town, prepare an inventory of all the signs and provide recommendations for retention, removal and addition of signage. He then introduced representatives from Nelson Nygaard Consulting Associates. Ria Hutabarat Lo, Nelson Nygaard Consulting Associates, explained the goal of the study and presented their results. Shivam Vohra, Nelson Nygaard Consulting Associates, explained how he built an inventory of existing signage. Council discussion ensued. Michael Riebe, Nelson Nygaard Consulting Associates, addressed why some signs may be doubled up. 3 City Council Special Meeting Minutes March 31, 2015 Betty Kayton, Los Altos Hills, said it was great idea to get rid of the signs, but suggested that before signs are removed, the people in the neighborhood should be consulted. Linda Swan, Los Altos Hills, said that residents have fought hard for equestrian crossing signs and requested that those signs not be removed. Alisa Bredo, Los Altos Hills, asked that the equestrian signs not be removed. Further Council discussion. MOTION MADE AND SECONDED: Councilmember Radford moved to accept the Nelson Nygaard Report and direct staff to, based on recommendations in the report, return to the City Council with suggestions on how to move forward with an plan of execution. The motion was seconded by Councilmember Larsen. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None D. Annual Presentation by the Emergency Communications Committee (8 minutes) Jim Abraham, Co-Chair of the Los Altos Hills Emergency Communications Committee, provided an annual report on the activities of the committee Council discussion ensued. No action was taken. E. Presentation by the Community Relations Committee on a Proposed 60th Anniversary Dinner (5 minutes) Roger Burnell, Chair of the Los Altos Hills Community Relations Committee, presented an opportunity to sponsor and host a 60th Los Altos Hills anniversary party. Council discussion ensued. The Committee will finalize the venue, the entertainment, the ticket price, the budget and balancing the budget and return to the Council for approval. 4 City Council Special Meeting Minutes March 31, 2015 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. Betty Kayton, Los Altos Hills, stated that there is a huge amount of conversation on Nextdoor about speeding on Moody Road and encouraged Town staff to look into the matter. This matter was referred to the Traffic Safety Committee. Linda Swan, Los Altos Hills, stated that recently her garbage rates doubled. Nick Dunckel, Los Altos Hills, stated that there is a continuing parking problem at Byrne Park at the intersection of Altamont and Black Mountain Roads. Lieutenant James Cannan, Santa Clara County Sheriff's Office, reminded everyone that the sheriff's office is not a member of Nextdoor. He recommended calling 408-868- 6600 for non-emergency items and either 911 or 408-299-2311 for emergencies. Kathy Licardo, Los Altos Hills, said there is speeding throughout all the hills. 4. PUBLIC HEARINGS A. Lands of KDCI Development LLC; File #233-14-ZP-SD-CDP-VAR; 25608 Deerfield Drive: Appeal of the Planning Commission's Denial of a Conditional Development Permit and Site Development Permit for a New 3,511 Square Foot, Two-Story Single-Family Dwelling with a 1,398 Square Foot Basement on a .359 Acre Lot and Setback Variance Requests (Staff: S. Avila). Ex Parte Disclosures: Councilmember Larsen had no disclosures other than the fact that he received a phone call from a resident, but only had a brief conversation; Mayor Pro Tem Harpootlian disclosed that he spoke to the applicant and one of the neighbors; Councilmember Radford had nothing to disclose; Councilmember Waldeck had a conversation with one member of the public, but nothing definitive came out of it; Mayor Corrigan disclosed that she met with residents, the property owner and three Planning Commissioners and discussed various issues regarding the application. She added that the architect attended a meeting she had with the property owners during her office hours. City Attorney Steve Mattas stated that one of the comment letters requested that the matter be referred back to the Planning Commission. He recommended that any Planning Commissioner in attendance not speak to the issue at this meeting in the event that the matter is referred back to the Commission. That way they would 5 City Council Special Meeting Minutes March 31, 2015 avoid expressing any positions that could create a bias if it returns to the Commission. Mayor Corrigan opened the Public Hearing. Consultant Planner Steve Padovan presented the staff report. Council discussion ensued. City Attorney Mattas commented on the merging of the lots and stated that as a Certificate of Compliance has been issued, the Town cannot compel the merger of the two lots. Applicant Gina Jackman presented their project application to the City Council. Dan Rhoads, Architect for the Applicant, outlined the project. Further Council discussion ensued. Ray Strimaitis, Los Altos Hills, expressed concerns and requested that the project be returned to the Planning Commission. Douglas Rimer, Los Altos Hills, voiced his objections to the project and requested that it be returned to the Planning Commission. Gary Sawka, Los Altos Hills, felt that the developers purchased the two lots and attempting to build a bigger house than they should. Alice Rimer, Los Altos Hills, urged the Council send the matter back to the Planning Commission where all concerns can be addressed. Scott Akiyama, Los Altos Hills, was not in support of the project. Judy Krakauer, Los Altos Hills, said that the density of this project is not in the semi-rural character of the community. Ling Su, Los Altos Hills, said he concurred with the neighbors' concerns. Vita Strimaitis, Los Altos Hills, spoke in opposition to the project and requested that a moratorium be placed on sub-standard lots. The Council asked questions of staff and received responses. Architect Dan Rhoads made final comments. Mayor Corrigan closed the Public Hearing. 6 City Council Special Meeting Minutes March 31, 2015 Council deliberation ensued. City Attorney Mattas responded to a moratorium question posed by the Council. MOTION MADE AND SECONDED: Councilmember Waldeck moved to return the project back to the Planning Commission for further analysis and their recommendation to the Council. The motion was seconded by Councilmember Radford. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None Council recess at 8:55 p.m. Council reconvened to Open Session at 9:05 p.m. 5. ONGOING BUSINESS A. Update by Staff for Amendment to Pathways Element Policy 1.1 (Staff: S. Avila) Planning Director Suzanne Avila presented the staff report. Council discussion ensued. Sue Welch, Los Altos Hills Pathways Committee Member, said that she does not think the policy is understood and she explained how the Committee applies the policy. Eileen Gibbons, Los Altos Hills Pathways Committee Member, questioned why the language is being changed to make the law and policy different. Jennifer Basiji, Los Altos Hills, as an avid user of the pathways system, she said to stick with a policy that works. Mike Wagner, Los Altos Hills, said that he thinks this is a solution looking for a problem. Jolon Wagner, Los Altos Hills, expressed that she did not think anything needed to be changed. 7 City Council Special Meeting Minutes March 31, 2015 Karen Lemes, Los Altos Hills, stated that sixty years ago the traffic on Moody Road was a lot slower due to people having horses, now the need for roadsides pathways is greater now than it ever was. Please keep the roadside pathways. Ann Duwe, Los Altos Hills Pathways Committee Chair, spoke as an individual, not for the committee as a whole. She supported the effort to update the map, and not change the policy. Bill Gibbons, Los Altos Hills, stated that regardless of the original intent, there are people who would like to use one word changes here and there as a way to significantly weaken the pathway element. Linda Leaver, Los Altos Hills, said that the Town should make the policy in line with business as it is, so one can use common sense and practicality when it is needed. Alisa Bredo, Los Altos Hills, said that this change could be a slippery slope and could have broader implications in the future. Doug Morgan, Los Altos Hills, said that it doesn't make sense to be operating under a law that supersedes the ordinance and it does not reflect current reality for future possibilities. Jim Abraham, Los Altos Hills, supported making a change to the policy. Linda Swan, Los Altos Hills, said that supports pathways in all forms. Bridget Morgan, Los Altos Hills, thanked the Council for appointing her to the Pathways Committee and explained what moved her to apply for the committee. Nick Dunckel, Los Altos Hills, encouraged the Council to make not make any changes to the policy as he doesn't see any problems with the current policy. MOTION MADE: Councilmember Waldeck moved to direct the staff and/or the committee to update the pathway map. Motion FAILED due to lack of a second. Further council discussion occurred after the motion was made. City Attorney Mattas advised that the motion was beyond the scope of the item on the agenda, and that the Council may want to consider what direction to provide to staff regarding updating the map. MOTION MADE AND SECONDED: Councilmember Radford moved to continue the meeting past 10 p.m. The motion was seconded by Councilmember Larsen. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, 8 City Council Special Meeting Minutes March 31, 2015 Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None MOTION MADE AND SECONDED: Mayor Pro Tem Harpootlian moved to table the policy change. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None At 10:00 p.m. the Special City Council Meeting of March 31st was recessed. THE COUNCIL RECONVENED THE SPECIAL ADJOURNED MEETING OF MARCH 30, 2015. The Council now considered March 30, 2015 Consent Calendar Items 6.H, 6.I, 6.J, 6.K and 6.Q. 6.H - March 30, 2015 Consent Calendar Resolution Approving Amendment No. 2 to Sewer Agreement with the City of Los Altos Director Chiu presented the staff report. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Radford moved to adopt Resolution 12-15 approving Amendment No. 2 to the Sewer Agreement with the City of Los Altos. The motion was seconded by Councilmember Larsen. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan 9 City Council Special Meeting Minutes March 31, 2015 NOES: None ABSENT: None ABSTAIN: None 6.I - March 30, 2015 Consent Calendar Resolution Awarding a Contract for the 2015 Sanitary Sewer Repair and Rehabilitation Project to Express Plumbing Service Director Chiu presented the staff report. Council discussion ensued. Allan Epstein, Los Altos Hills, commented on bids in general and questioned if the Town was following its own procedures. Jim Abraham, Los Altos Hills, spoke to personal experience with Express Plumbing and said he was impressed with their work. MOTION MADE AND SECONDED: Councilmember Waldeck moved to adopt Resolution 13-15 Awarding a Contract for the 2015 Sanitary Sewer Repair and Rehabilitation Project to Express Plumbing Service. The motion was seconded by Councilmember Radford. Motion Carried 4 to 1: AYES: Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: Councilmember Larsen ABSENT: None ABSTAIN: None DIRECTION: Councilmembers Radford and Waldeck and Mayor Pro Tem Harpootlian voted yes on the motion, but provided direction that staff request feedback from either West Bay or Vivian Housen to ensure that the $500,000 meets the requirements of the project. 6.J - March 30, 2015 Consent Calendar Resolution Awarding Contract for the 2014 Pavement Rehabilitation Project #2 to Granite Rock Company Director Chiu presented the staff report. 10 City Council Special Meeting Minutes March 31, 2015 Allan Epstein, Los Altos Hills, stated that he doesn't believe the Town is following its own policy. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Waldeck moved to adopt Resolution 14-15 Awarding Contract for the 2014 Pavement Rehabilitation Project #2 to Granite Rock Company. The motion was seconded by Councilmember Larsen. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None 6.K - March 30, 2015 Consent Calendar Resolution Awarding Contract for Environmental Consulting Services for the Stirling Subdivision to EMC Planning Group, Inc. Director Avila presented the staff report. Council asked questions of staff and received responses. Eileen Gibbons, Los Altos Hills, questioned the Stirling Subdivision map. Director Avila responded to her question. MOTION MADE AND SECONDED: Councilmember Waldeck moved to adopt Resolution 15-15 Awarding Contract for Environmental Consulting Services for the Stirling Subdivision to EMC Planning Group, Inc. The motion was seconded by Councilmember Larsen. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None 11 City Council Special Meeting Minutes March 31, 2015 6.Q - March 30, 2015 Consent Calendar Resolution Expressing Support for the Environmental Disclosure Requirements Under Proposition 65 and Lehigh Southwest Cement Company's Compliance with Such Disclosure Requirements Council discussion ensued. City Attorney Mattas responded to questions from the City Council. MOTION MADE AND SECONDED: Mayor Pro Tem Harpootlian moved to adopt Resolution 16-15 Expressing Support for the Environmental Disclosure Requirements Under Proposition 65 and Lehigh Southwest Cement Company's Compliance with Such Disclosure Requirements as amended to remove the third recital in the proposed resolution. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: None ABSENT: None ABSTAIN: None DIRECTION: Agendize for the April meeting, the discussion about the recommendations brought forth on the sewer recommendations by West Bay and Vivian Housen. The adjourned special meeting of March 30, 2015 adjourned at 10:35 p.m. THE MARCH 31, 2015 SPECIAL MEETING RECONVENED AT 10:35 P.M. 7. CONSENT CALENDAR MOTION MADE AND SECONDED: Mayor Pro Tem Harpootlian moved the CONSENT CALENDAR with the exception of 7.A. The motion was seconded by Councilmember Waldeck. MOTION CARRIED 5 to 0: AYES: Councilmember Larsen, Councilmember Radford, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan 12 City Council Special Meeting Minutes March 31, 2015 NOES: None ABSENT: None ABSTAIN: None C. Notification of Fast Track Approval: Lands of Tsukanov; 27060 Appaloosa Way; File #391-14-ZP-SD-GD; A request for a Site Development Permit for a new 5,044 square foot two story residence and a 1,783 square foot swimming pool. CEQA Review: Categorical Exemption per Section 15303(a) & (e). (Staff: S. Avila) Appeal Deadline: Wednesday, April 15, 2015 at 5:00 p.m. The Council now considered Consent Calendar Item 7.A. A. Resolution Awarding a Contract for the El Monte Road Preservation Project (Staff: R. Chiu) Director Chiu presented the staff report. Council discussion ensued. Jim Abraham, Los Altos Hills, questioned whether this was a low noise paving. Staff responded that this would be regular asphalt as used throughout town. Eileen Gibbons, Los Altos Hills, said she was happy that El Monte is being repaved and hoped that the staff reach out to Foothill College to minimize traffic backups. Allan Epstein, Los Altos Hills, questioned the Town's policy and practices. Further Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Larsen moved to adopt Resolution 17-15 Awarding a Contract to the lowest bidder (O'Grady Paving) Authorize the City Manager to execute contracts in an amount not to exceed $70,000. The motion was seconded by Mayor Pro Tem Harpootlian. Motion Carried 4 to 1: AYES: Councilmember Larsen, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan B. Amending the Resolution Establishing Standing Committees and Adopting General Special Rules Pertaining Thereto to Update the Responsibilities of the Chairperson and to Remove the Water Conservation Committee (Staff: D. Padovan) 13 City Council Special Meeting Minutes March 31, 2015 NOES: Councilmember Radford ABSENT: None ABSTAIN: None 8. STAFF REPORTS A. City Manager – No report. 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. 9. COUNCIL INITIATED ITEMS A. Request for Council Assistance to Obtain Bullis Charter School Enrollment Data (Councilmember Radford) Councilmember Radford introduced the item. Heather Rose, Chair of the Los Altos Hills Education Committee, stated that the committee voted to request the Council’s assistance in obtaining enrollment data from Bullis Charter School. Councilmember Radford asked questions of Duncan MacMillan and Steve Hubbell and received their responses. Council discussion ensued. Ms. Rose offered an option to request Bullis Charter School to provide a count without any student information. MOTION MADE AND SECONDED: Mayor Corrigan moved to deny the request by the Education Committee. The motion was seconded by Councilmember Larsen. Motion Carried 4 to 1: 14 City Council Special Meeting Minutes March 31, 2015 AYES: Councilmember Larsen, Councilmember Waldeck, Mayor Pro Tem Harpootlian, Mayor Corrigan NOES: Councilmember Radford ABSENT: None ABSTAIN: None At this point, the Council returned to Consent Calendar Item 7.A as Director Chiu provided more information on the El Monte Road Project. The Council did not take any additional action. 6. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Councilmember Larsen provided an update on the activities of the VTA Expressways Committee and explained the Tier 1 funding for various projects. Council discussion ensued. No action was taken. 10. ADJOURN The meeting was adjourned in Memory of Steve Bristow who served on the Town's Traffic Safety Committee; and in Memory of Bob Grimm who served on the Los Altos City Council from 1976 to 1984 and as Mayor of Los Altos in 1979. The meeting adjourned at 11:45 p.m. Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the March 31, 2015 special City Council meeting were approved as presented at the May 21, 2015 regular City Council meeting.