Loading...
HomeMy WebLinkAbout09/20/2018 1 City Council Regular Meeting Minutes September 20, 2018 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, September 20, 2018 Council Chambers, 26379 Fremont Road, Los Altos Hills, California CALL TO ORDER (5:30 P.M.) Mayor Radford called the Closed Session to order at 5:30 p.m. Present: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu Absent: None Staff: City Manager Carl Cahill, City Attorney Steve Mattas CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Closed Session - Conference with Legal Counsel (Pursuant to Government Code Section 54956.9(d)(1)) Linebarger v. Town of Los Altos Hills (115CV282970) The Closed Session adjourned at 5:55 p.m. CONVENE OPEN SESSION (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, Public Works Director/City Engineer Nichol Bowersox, Administrative Services Director Kelly Mayes, Principal Planner Steve Padovan, City Clerk Deborah Padovan B. Pledge of Allegiance 1. AGENDA REVIEW City Attorney Steve Mattas stated that there was no reportable action resulting from the closed session. 2 City Council Regular Meeting Minutes September 20, 2018 Councilmember Corrigan asked the individuals wishing to hear the item on the Master Path Map be given a 20 minute window, prior to the start of the item. Mayor Radford stated that if the homeowner arrives for agenda item #10.A, he would have the matter heard at that time. There were no further changes to the agenda. Mayor Radford recognized the pathway installed in front of Gardner Bullis School. The pathway was accomplished by the Public Works Maintenance Crew and the Council expressed great appreciation for the new pathway. The cost of pathway was less than $15,000. 2. PRESENTATIONS AND APPOINTMENTS A. Appointment to the Los Altos/Los Altos Hills Joint Community Volunteer Awards Committee City Clerk Deborah Padovan presented the application of Sandy Mingia. Sandy Mingia, Los Altos Hills, introduced herself to the City Council and expressed her interest in serving on the JVAC. MOTION MADE AND SECONDED: Councilmember Corrigan moved to appoint Sandy Mingia to the Joint Community Volunteer Service Awards to complete a term expiring March 2019. 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 B. Presentation of the Town Hall Addition/Remodel Concept; Request for Authorization to Proceed with the Site Development Review Process and Use Permit Modification; and Request for Authorization of Funds to Complete the Process in an amount not to exceed $30,000 City Attorney Mattas stated that Councilmember Wu would be abstaining from the matter while we are waiting for an FPPC opinion regarding whether or not there is a conflict as the councilmember lives within 500 feet of Town Hall. 3 City Council Regular Meeting Minutes September 20, 2018 Councilmember Wu stepped down from the dais and left the room. Mayor Pro Tem Spreen presented the project. Landscape Architect Tom Klope presented his landscape design plans for a proposed remodel/addition of Town Hall. Architect Peter Duxbury presented conceptual drawings for a proposed remodel/addition of Town Hall. Mayor Pro Tem Spreen then discussed potential construction costs. Abagail Aherns, Los Altos, stated that she and Frank Lloyd gave the Town the heritage house and provided a history on the house. Frank Lloyd, Los Altos Hills, said he loves the plan and believes it is a good plan. However, he would like to see the Heritage House preserved. Carol Gottlieb, Los Altos Hills, spoke about the Heritage House and asked the Council to preserve history. Mayor Pro Tem Spreen responded to comments by Ms. Gottlieb. David Milgram, Los Altos Hills, asked about the installed public art installations at Town Hall and inquired on whether or not they would be maintained. Mark Breier, Los Altos Hills, expressed his concerns regarding the project, including after hour noise, removal of trees and the spending of public funds. Mayor Radford presented information regarding the survey from 2015. Gary Patou, Los Altos Hills, asked about page 11 from the survey about the importance of the town's services and facilities. Ingrid Sperow, Los Altos Hills, spoke in support of the project. Council discussion ensued. MOTION MADE AND SECONDED: Mayor Pro Tem Spreen moved to authorize proceeding with the Site Development Review Process and Use Permit Modification; and Authorization of Funds to Complete the Process in an amount not to exceed $30,000. The motion was seconded by Councilmember Corrigan. Motion Carried 3-1-1. AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan NOES: Councilmember Waldeck 4 City Council Regular Meeting Minutes September 20, 2018 ABSENT: None ABSTAIN: Councilmember Wu Councilmember Wu returned to the dais. C. Westwind Community Barn Report by Victoria Dye Equestrian Victoria Dye presented the annual report of Westwind Community Barn. Council discussion ensued. No action was taken. The Council now considered agenda item #10.A. 10. COUNCIL INITIATED ITEMS A. Discussion Regarding Time Limit to Build and Occupy a Property (Councilmember Waldeck) Councilmember Waldeck presented the item. Planning Director Suzanne Avila presented the status of the construction project at 27869 Saddle Court. Council discussion ensued. Dr. Seiver, the owner of the property on Saddle Court expressed his reasons for the delay in construction. No action was taken. The Council continued with the Agenda – Item 2.D. D. Annual Report of the Los Altos Hills Community Relations Committee Roy Woolsey, Chair of Los Altos Hills Community Relations Committee, presented the annual report of the committee. Council discussion ensued. Councilmember Corrigan suggested potentially restructuring the committee and politely convert the members to associate status and drop the active members to five full members and others associate members, then a quorum would only need to be three. She proposed that the committee be made up of five voting members. The Chair should decide on the five full members and the remaining three will be associate members. 5 City Council Regular Meeting Minutes September 20, 2018 MOTION MADE AND SECONDED: Councilmember Corrigan moved to modify the standing committee resolution to have the voting membership of the Community Relations Committee a total of 5 full voting members; 3 members shall be moved to associate status and the determination would be made by the Chair based on the ability to attend meetings. 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 E. Annual Report of the Los Altos Hills Public Art Committee David Milgrim, Co-Chair of the Los Altos Hills Public Art Committee, presented the annual report of the committee. Council discussion ensued. 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 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. Jitze Couperus, Los Altos Hills, said that Sunday, September 23, 2018, the History Committee will be presenting a talk by the second generation of the Ginzton family. 4. CONSENT CALENDAR Councilmember Corrigan stated that she talked to the City Manager about some of the professional services agreements on the consent calendar and would like a discussion on raising the city manager’s signing authority amounts on an agenda in the future. MOTION MADE AND SECONDED: Councilmember Waldeck moved to approve the CONSENT CALENDAR as stated. The motion was seconded by Councilmember Wu. 6 City Council Regular Meeting Minutes September 20, 2018 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. Review of Disbursements: August 1 - August 31, 2018 $1,092,758.90 B. Resolution 72-18 Authorizing an Agreement with Jeffery Peterson for Professional Services for the Town's Administrative Services Department (Staff: K. Mayes) C. Resolution 73-18 Authorizing an Amendment to the Agreement with Kevin Harper and Associates for Professional Services for the Town's Administrative Services Department (Staff: K. Mayes) D. Resolution 74-18 Authorizing the Closure of Town Hall for the Winter Holiday Period (Staff: K. Mayes) E. Request for Reimbursement from Purissima Hills Water District (Staff: K. Mayes) F. Resolution 75-18 Authorizing Workers' Compensation Insurance Coverage for Non-Statutory Volunteers (Staff: C. Cahill) G. Resolution 76-18 Awarding an Inspection Contract for the Sanitary Sewer Repair and Replacement Project (Staff: N. Bowersox) H. Resolution 77-18 Granting an Open Space Easement; Lands of Evershine III LP; 12815 Deer Creek Lane; File #332-16-TM (Staff: S. Avila) I. Resolution 78-18 Granting an Open Space Easements; Lands of Navarro; 26811 Moody Court; File #344-17-ZP-SD-VAR (Staff: S. Avila) J. Resolution 79-18 Granting a Slope Easement; Lands of Urban Pacific Homes LA, LLC; 10570 Blandor Way; File # 56-18-ZP-SD-GD (Staff: S. Avila) K. Resolution 80-18 Setting a Date for Consideration of Reorganization of Area Designated Kenbar Road No. 1 Consisting Of 2.05 Acres Located At 10275 Kenbar Road (Staff: S. Avila) 7 City Council Regular Meeting Minutes September 20, 2018 L. Findings of Denial for a Site Development Permit, Conditional Development Permit and Variance for Lands of Linebarger, 10728 Mora Drive These findings relate to a proposed 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; Original project file #415-14-ZP-SD- GD-CDP-VAR (Staff: S. Padovan) M. Findings of Denial for a Site Development Permit, Conditional Development Permit and Variances for Lands of Linebarger, 10758 Mora Drive. These findings relate to a proposed 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. Original project file #413-14-ZP-SD-GD-CDP-VAR (Staff S. Padovan) The meeting went into recess at 8:30 p.m. The meeting reconvened to Open Session at 8:37 p.m. 5. ONGOING BUSINESS A. Adoption (Second Reading) of Ordinance 577 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, Except for Indoor and Outdoor Cultivation for Personal Use As Allowed by State Law, 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 Adopt the Ordinance) Principal Planner Steve Padovan presented the report. Rich Urena, Santa Clara County Sheriff Captain, presented information regarding the growing of outdoor marijuana. Council asked questions of Captain Urena and received his responses. Further discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive further reading. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: 8 City Council Regular Meeting Minutes September 20, 2018 AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None Kjell Karlsson, Los Altos Hills, said we should wait one year and see how it works out for the cities in San Mateo County. MOTION MADE AND SECONDED: Councilmember Corrigan moved to introduce and adopt Ordinance 577 amending Sections 10-1.202, 10-1.706 and 10-1.804 to the Los Altos Hills Municipal Code. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: AYES: Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: Mayor Radford, Mayor Pro Tem Spreen ABSENT: None ABSTAIN: None 6. PUBLIC HEARINGS Ex Parte Communications: Councilmember Corrigan stated that she has served on the Pathways Committee; she has been a Councilmember for six years and have talked to a number of residents, Pathways Committee members, homeowners, and walked a property with Councilmember Wu and Mr. Andrew Chang; she received the letters and have had conversations with a number of residents who have made public comments; Councilmember Wu said she met on Maple Leaf and was unable to go onto the property to review, went back and met up with Councilmember Corrigan and discussed the matter with Andrew Chang; Councilmember Waldeck stated he had no contact; Mayor Pro Tem Spreen said he also spoke with Mr. Chang, and he is the current liaison to the Pathway Committee, but not has spoken with any of the current members about this item; Mayor Radford stated he had no contact. A. Consideration of a General Plan Amendment to Update the Master Path Map to add Off-Road Pathways Connections in the Following Areas: * Storyhill Lane to Page Mill Road * Zappetini Court to Central Drive * Via Feliz to Maple Leaf 9 City Council Regular Meeting Minutes September 20, 2018 Court File #238-15-MISC; CEQA Review: Categorical Exemption Per Section 15061(B)(3) (Staff: S. Avila) Planning Director Suzanne Avila presented the staff report. Mayor Radford opened up the Public Hearing for the Via Feliz/Maple Leaf Court pathway. Tim Warner, Los Altos Hills, stated this is not a path and expressed strong opposition. Eileen Gibbons, Los Altos Hills, provided some background on this proposed pathway. Nick Dunckel, Los Altos Hills, spoke in support of the proposed pathway and asked that the Council follow the unanimous position of the Planning Commission. Linda Swan, Los Altos Hills, said that this is just a possibility for future development and spoke in support of the proposed pathway. Mimi Chang, Los Altos Hills, spoke in opposition of the proposed pathway. Ann Duwe, Los Altos Hills, asked that the Council focus on consistency and spoke in support of the proposed pathway. Alisa Bredo, Los Altos Hills, spoke in support of the proposed pathway. Sue Welch, Los Altos Hills, spoke in support of the proposed pathway. Tim Warner, Los Altos Hills, said he was not addressing the privacy issue, but the practicality issue. Allan Epstein, Los Altos Hills, said the policy should be updated regarding how these pathways should be considered. Stephen D. Pahl, Los Altos Hills, stated that he represents North Folk Vineyards, and spoke in opposition to the proposed pathway. Carol Gottlieb, Los Altos Hills, emphasized that the arrows do not show the path route; they were used back in 1982 to show large parcels of land that were sub- dividable. Ann Duwe, Los Altos Hills, said the Pathways Committee provided information sheets on the feasibility, the easements, and the costs on each of the three routes under consideration. 10 City Council Regular Meeting Minutes September 20, 2018 Bridget Morgan, Los Altos Hills, she was on the mapping update subcommittee and voted against this proposed path. Kjell Karlsson, Los Altos Hills, said the Elena curve is dangerous and it should be addressed. Farhad Haghighi, Los Altos Hills, said he already has paths on two sides of his property and he was not in support of the proposed pathway. Andrew Chang, Los Altos Hills, was not in support of the proposed pathway. Teresa Baker, Los Altos Hills, spoke in support of the proposed pathway. Mayor Radford closed the Public Hearing. 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 Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan to moved decline adding the proposed connection from Via Feliz to Maple Leaf Court from addition to the Master Path Plan. The motion was seconded by Mayor Radford. Motion Carried 4-0-1: AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck NOES: None ABSENT: None ABSTAIN: Councilmember Wu 11 City Council Regular Meeting Minutes September 20, 2018 Mayor Radford opened up the Public Hearing for Story Hill Lane to Page Mill Road. Barclay Kamb, Los Altos Hills, spoke in opposition to the proposed pathway on Story Hill Lane to Page Mill Road. Ann Duwe, Los Altos Hills, explained the rationale of this particular pathway. Bridget Morgan, Los Altos Hills, said the Pathways Committee had no idea where the property lines were located. Kjell Karlsson, Los Altos Hills, encouraged the Pathways Committee and the Town to get rid of the arrows on the map and find another way to communicate. Mayor Radford closed the Public Hearing. MOTION MADE AND SECONDED: Councilmember Corrigan moved to return the Story Hill Lane to Page Mill Road pathway to the Pathways Committee; the committee shall make a recommendation, start to finish, and return with a clear understanding where the pathway will be built; return the item to the Planning Commission and eventually the City Council for approval or denial. 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 Council discussion ensued. Eric Evans, Los Altos Hills, generally in support of the pathway, but commented that it is very steep. MOTION MADE AND SECONDED: Mayor Pro Tem Spreen moved to approve the General Plan Amendment adding the following off-road pathways to the Master Path Map: Zappettini Court to Central Drive and Westwind Barn. The motion was seconded by Councilmember Waldeck. Motion Carried 5 to 0: 12 City Council Regular Meeting Minutes September 20, 2018 AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Waldeck, Councilmember Wu NOES: None ABSENT: None ABSTAIN: None B. LANDS OF SAINT LUKE'S CHAPEL - EPISCOPAL LAYMENS GROUP OF LOS ALTOS (APPLICANT: CROWN CASTLE); 26410 Duval Way, File #66- 18-CUP; A request for a 10 year renewal of the Conditional Use Permit for an existing wireless communications facility at St. Luke's Chapel with no changes to equipment or structures; CEQA review: exempt pursuant to Section 15301(b) - No changes to an existing facility (Staff: Steve Padovan) Principal Planner Steve Padovan presented the staff report. John Detrich, Core Development Services, requested approval of the renewal of the conditional use permit. Council asked questions of Mr. Detrich and received his responses. City Attorney Mattas explained the Council's regulatory powers. Mayor Radford opened the Public Hearing. Duncan MacMillan, Los Altos Hills, explained that this is just a renewal with no equipment upgrades. Cheryl Matthews, Los Altos Hills, respectfully asked for a postponement of the use permit until the Town's policy is updated. Kjell Karlsson, Los Altos Hills, said there are a lot of residents in town depending on cell service. Mr. Detrich responded by explaining there is no 5G associated with the request. Mayor Radford closed the Public Hearing. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to approve a conditional use permit allowing for the Sprint Communications wireless communications facility at St. Luke's Chapel be extended for an additional ten (10) years. The motion was seconded by Mayor Pro Tem Spreen. 13 City Council Regular Meeting Minutes September 20, 2018 Motion Carried 4 to 1: AYES: Mayor Radford, Mayor Pro Tem Spreen, Councilmember Corrigan, Councilmember Wu NOES: None ABSENT: None ABSTAIN: Councilmember Waldeck 7. NEW BUSINESS A. Response to the Santa Clara County Grand Jury Report "Affordable Housing Crisis: Density is Our Destiny" (Staff: S. Padovan) Principal Planner Steve Padovan presented the response to the grand jury report. Council discussion ensued. Allan Epstein, Los Altos Hills, pointed out that this Grand Jury report was sent to the Town in June and the response is due today. He stated that some of the responses are not responsive as required by the code. City Manager Cahill responded to the Council regarding Mr. Epstein's comments. MOTION MADE AND SECONDED: Mayor Pro Tem Spreen moved to authorize the City Manager to file the response to the 2017-18 Santa Clara County Civil Grand Jury Final Report titled "Affordable Housing Crisis: Density is Our Destiny" with the Presiding Judge of the Santa Clara County Superior Court. 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 14 City Council Regular Meeting Minutes September 20, 2018 B. Introduction of an Ordinance (First Reading) Amending Title 2, Chapter 6 - Conflict of Interest - of the Los Altos Hills Municipal Code (Staff: D. Padovan) City Clerk Padovan presented the staff report. MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive reading and introduce the ordinance amending Title 2, Chapter 6 of the Los Altos Hills Municipal Code. 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 C. Discussion of November and December City Council Meetings (Staff: D. Padovan) City Clerk Padovan presented the staff report. MOTION MADE AND SECONDED: Mayor Radford moved to cancel the regular City Council meeting and schedule a special meeting on Thursday, December 13, 2018. 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 8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Councilmember Waldeck provided an update on the sewer subcommittee. 15 City Council Regular Meeting Minutes September 20, 2018 9. 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. B. Discussion and Possible Action to Sunset the Los Altos Hills Education Committee (Mayor Radford) Mayor Radford suggested sunsetting the Education Committee. Duncan MacMillan, Los Altos Hills, provided a background/history of the public education and education committees and said the committee should be sunsetted as they haven't done anything in the past few years. He suggested that the residents be reminded of the MOU which allows PAUSD students to transfer to Gardner Bullis. Allan Epstein, Los Altos Hills, said that the Town was unable to get information because Bullis Charter School refused to provide information about enrollment. Council discussion ensued. MOTION MADE AND SECONDED: Councilmember Corrigan moved to sunset the Los Altos Hills Education Committee. 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 City Clerk Padovan stated that the standing committee resolution would return to the Council next month on the Consent Calendar to sunset the committee. 16 City Council Regular Meeting Minutes September 20, 2018 11. ADJOURN The meeting adjourned at 11:58 p.m. Respectfully submitted, Deborah Padovan Deborah Padovan City Clerk The minutes of the September 20, 2018 regular City Council meeting were approved as presented at the November 15, 2018 regular City Council meeting.