HomeMy WebLinkAbout01/14/2010 Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, January 14, 2010
Council Chambers, 26379 Fremont Road
CALL TO ORDER, ROLL CALL,AND PLEDGE OF ALLEGIANCE
Mayor Warshawsky called the City Council Regular Meeting to order at 7:00 p.m. in the
Council Chambers at Town Hall.
Present: Mayor Dean Warshawsky, Mayor Pro Tem Breene Kerr, Councilmember
Rich Larsen (joined meeting at 7:05 p.m. participated in consideration of
all agenda items), Councilmember Jean Mordo and Councilmember
Ginger Summit
Absent: None
Staff: City Manager Carl Cahill, Planning Director Debbie Pedro, City
Engineer/Public Works Director Richard Chiu, Finance Director Nick
Pegueros, Consultant Planner Cynthia Richardson, City Attorney Steve
Mattas, and City Clerk Karen Jost
• APPOINTMENTS AND PRESENTATIONS
1. Presentation from the Supporters of Westwind Community Barn (Grant for
Westwind Barn Restoration)—Jeanne Seeley, President
Mayor Warshawsky welcomed Jeanne Seeley, Colette Cranston, Valerie Metcalfe and
Denise Williams, Board members of Supporters of Westwind Community Barn. Ms.
Seeley, Supporter's President, addressed Council and explained that they were before
Council with their official response to the Town's request for grant funds to be used
towards the Westwind Community Barn restoration project. Seeley had a poster size
check representative of their grant made to the Town in the amount of$150,000.00. She
noted that the non-profit group had committed to fundraising for the Barn for several
years and been proactive advocates for the facility. The Supporters had made a
conscientious effort to maintain a level of awareness of the importance of preservation of
the Barn within the community and with the City Council.
Mayor Warshawsky and the Council thanked them for their efforts to preserve Westwind
Community Barn. Council encouraged them to continue the important dialogue with the
residents and Council.
It was noted that Board members Elaine Nelson, Mary Pat Gaspich, Doreen Andriacchi
• and Cheryl Acheson were unable to attend the grant presentation due to scheduling
conflicts but had been very active in the fundraising efforts of the group.
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2. Presentation of 2009 Applied Materials Silicon Valley Turkey Trot"Akeena Solar
• Mayor's Cup Challenge"Award-Silicon Valley Leadership Group
Peter Skinner, Silicon Valley Leadership Group and Barry Cinnamon, Akeena Solar,
addressed Council. They congratulated the Los Altos Hills City Council on their
successful bid for the Mayor's Cup, a race component of the Applied Materials Silicon
Valley Turkey Trot. This year's race sponsored by Applied Materials had drawn over
11,000 participants and raised $300,000 for four Silicon Valley charities including the
Housing Trust and Second Harvest Food Bank. Council was presented with a trophy that
will be displayed at Town Hall.
3. Appointments to Standing Committees
Pathways Committee
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
passed unanimously to appoint Courtenay Corrigan to the Standing Pathways Committee
for a second term of four years.
Open Space Committee
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
passed unanimously to appoint Alice Sakamoto to the Standing Open Space Committee
for a second term of four years.
4. Council Appointments to Committees and Outside Agencies
Following a brief discussion,the City Council appointments were made as follows:
Town Standing Committee Council Liaison
Community Relations Kerr
Education Warshawsky/Summit(alternate)
Emergency Communications Larsen
Environmental Design and Protection Summit
Environmental Initiatives Larsen/Kerr(alternate)
Finance/Investment Mordo (voting member)
History Mordo
Open Space Summit
Parks and Recreation Mordo/Warshawsky(alternate)
Pathways Kerr/Summit(alternate)
Water Conservation Mordo
Volunteer Awards Summit
Outside Agencies
Association of Bay Area Governments (ABAG) Warshawsky/Kerr(alternate)
Local Agency Formation Commission(LAFCO) Kerr
Emergency Preparedness Council Larsen/Mordo (alternate)
League of California Cities-Peninsula Division Summit
• North County Library Authority Mordo
Joint Powers Authority Library Board Mordo
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Valley Transportation Authority(VTA) Larsen
• Board of Directors (appointed by North County Cities Group)
Valley Transportation Authority(VTA)
Policy Advisory Committee (appointment deferred to a later date)
Purissima Hills Water District Kerr
Santa Clara Valley Water Commission Mordo
SCVWD Lower Peninsula Flood Control District Summit
and Watershed Advisory Board
Santa Clara County Cities Association Board Summit
Santa Clara County Cities Association Selection Comm. Kerr/Larsen(alternate)
PASSED BY CONSENSUS: To approve the Council appointments as noted.
CONSENT CALENDAR
MOTIONED SECONDED AND CARRIED: Moved by Larsen, seconded by Summit
and passed unanimously to approve the consent calendar, specifically:
5. Approval of Meeting Minutes: City Council Regular Meeting—December 10, 2009
6. Review of Disbursements: 12/1/09— 12/31/09 $705,183.76
11/1/09— 11/30/09 $477,858.94
• 7. Approval of Revised Resolution Authorizing Acterra to Apply for EECBG Grant
Funding on the Town's Behalf—Resolution#1-10
PRESENTATIONS FROM THE FLOOR
Peter Evans, Bullis Charter School Board member and resident, addressed Council and
clarified that his comments were as a parent. He noted that the resolution recently passed
by the Standing Education Committee pertaining to the Los Altos School District,
Gardner Bullis Elementary School and Bullis Charter School did not have unanimous
approval but was passed by a split vote of the members. He suggested there would be no
realized benefit to the City Council to take any further action on the resolution. Evans
commented that he believed the Committee's actions should be representative of the
entire community.
Mayor Warshawsky, Council Liaison to the Standing Education Committee provided a
brief overview of the Committee's proceedings. The resolution identified by Evans
would be forwarded to the Council for their consideration at a future meeting.
Kathy Evans, resident, commented that the recent actions taken by the Standing
Education Committee was not within their charter.
Councilmember Rich Larsen acknowledged the recent press release recognizing
• Councilmember Jean Mordo and his wife Barbara Mordo as the recipients of the 2009
Los Altans of the Year award. The award presented by the Los Altos Town Crier, was
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January 14,2010
inspired by Time magazine's Person of the Year award and recognizes citizens who have
generated good will and significantly enhanced Los Altos' and Los Altos Hills'
• reputations as outstanding communities. Council, staff and the audience joined in the
congratulations.
PUBLIC HEARINGS
8. Consideration of Resolutions to Join CaliforniaFIRST Program and Authorize
Sacramento County to Apply for State Energy Program Funds on Behalf of the
Town of Los Altos Hills
Planning Director Debbie Pedro introduced the item to Council. Council had before them
two resolutions for their consideration. The first resolution would authorize the Town to
join the CaliforniaFirst Program; and the second resolution would authorize Sacramento
County to apply for State Energy Program Funds on behalf of the Town.
Pedro provided an overview of the CaliforniaFirst Program that had been instituted by
California Communities to allow property owners in participating cities and counties to
finance renewable energy, energy efficiency and water efficiency improvements on their
property. If the property owner chose to participate in the Program, the improvements
would be financed by the issue of bonds with contractual assessments levied by
California Communities on the owner's property to repay the portion of the.bonds issued
to finance the improvements on that property.
• Pedro reviewed the benefits to the property owner and benefits to the Town that would be
realized by the Program. Pedro explained that the proposed resolution authorized
payment of a set-up fee for legal procedural and technology costs associated with the
CaliforniaFirst Program. Grant funding would be sought to cover the costs. If the grant
funding to cover the start-up costs were not realized, the start-up costs for Santa Clara
County and all the cities within the County would be $170,000. The cost to the Town
would be $10,000. At that time, the Town could decide not to participate in the Program
or determine if it was reasonable to proceed without grant funding.
OPENED PUBLIC HEARING
Peter Evans, Chair, Standing Environmental Initiatives Committee, commented that the
CaliforniaFirst Program would have a beneficial impact on the Town. It would permit
more residents to make energy efficiency improvements to their homes and assist the
Town in achieving the Council approved goals for greenhouse gas reduction.
CLOSED PUBLIC HEARING
Council consensus was to support the Town's participation in the Program.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Summit and
passed unanimously to approve Resolution No. 2-10 authorizing the Town of Los Altos
• Hills to join the CaliforniaFirst program.
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MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Summit and
passed unanimously to approve Resolution No. 3-10 authorizing Sacramento County to
apply for State Energy Program Funds on behalf of the Town of Los Altos Hills.
9. Introduction of an Ordinance to amend the Fences, Walls, Gates and Columns
Ordinance (Section 10-1.507 C&D) to prohibit the construction of fences, walls,
and/or gates with points, spikes, and/or sharpened edges which can cause harm to
people, pets, and/or wildlife. CEQA Review: Categorical Exemption per Section
15061(b)(3) (Staff-D. Pedro)
Planning Director Debbie Pedro introduced the item to Council. She provided an
overview of the proposed ordinance amendments. At the September 24, 2009, regular
City Council meeting, the Open Space Committee had requested Council consideration of
minor amendments to the Fence Ordinance to prohibit the use of points, spikes, and/or
sharpened edges on new fences, walls and gates. The Committee had initiated the request
as a preventive measure to eliminate the risk of injury to wildlife and potentially harm to
people or pets. The amendment was reviewed by the Planning Commission in
November, 2009. The Commission had recommended approval of the proposed
amendments to the Fence Ordinance by a-4-1 vote with Commissioner Abraham casting
the dissenting vote.
Pedro proceeded with a PowerPoint Presentation that illustrated the types of fences that
would be acceptable and those that would be prohibited. She reviewed the fence
applications for the past two years with Council. The Town had issued 53 permits, 16
were for wrought iron fences and four of those had ornamental sharp tips/points. Under
• the new,regulations, the four identified applications would be denied.
OPENED PUBLIC COMMENTS
No public comments were given.
CLOSED PUBLIC COMMENTS
In response to Council questions regarding existing fences, Planning Director Pedro
clarified that the proposed ordinance would be applicable to new fence applications only.
Existing fences with spikes or points would be legal non-conforming structures and
required to be brought into conformance if more than 50% of the fence were to be
replaced.
MOTION SECONDED AND CARRIED: Moved by Summit, seconded by Mordo and
passed unanimously to waive reading and introduce Ordinance# 517.
10. LANDS OF TOWN OF LOS ALTOS HILLS (Applicant: Verizon Wireless): 26379
Fremont Road; A request for a Site Development Permit and Conditional Use
• Permit for a wireless communications facility consisting of six, four foot tall panel
antennas to be co-located on an existing 70 foot tall monopine and associated
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January 14,2010
ground equipment at Town Hall. CEQA Review: Categorical Exemption per
Section 15301 (Staff: D. Pedro)
Consultant Planner Cynthia Richardson introduced the item to Council. The application
before Council was a request by Verizon Wireless for a new wireless communications
facility to be co-located on the existing monopine at Town Hall. The proposal called for
the installation of six new, four foot tall panel type antennas to be flush mounted on the
monopine at approximately 58 feet from the ground. The new antenna location would
necessitate the relocation of two existing town emergency antennas on the monopine. The
Town owned cutting/storage shed would be used for the facilities ground equipment.
The Planning Commission had reviewed the project and voted 4-1 with Commissioner
Partridge recusing himself to recommend approval of the proposed Site Development and
Conditional Use Permit for a period of 10 years.
Richardson proceeded with a PowerPoint Presentation that included an aerial of the site
and existing monopine constructed by AT&T, photo simulations of the proposed project,
views of the relocated Emergency Communications Committee's antennas and the
Verizon coverage plans before and after the proposed installation.
Richardson advised the Council that a comment letter had been received by resident Mark
Breier, Esperanza Drive. A letter from Mr. Brier had also been received prior to the
Planning Commission hearing. Mr. Breier's concerns pertained to the health risks of
exposure to radio frequency. The correspondence was included in the staff report before
• Council.
Richardson reviewed the Federal Telecommunications Act of 1996 with Council.
Pursuant to the Act, the Town could not deny the application based on health concerns. It
was noted that Verizon had filed an RF exposure report for the application. The report,
included in the Council packet, had evaluated the site and found that the proposal was in
compliance with .the appropriate guidelines for limiting human exposure to radio
frequency and the combined emissions from the Verizon and AT&T antennas was below
FCC standards.
Bill Hammett, Hammett& Edison Consulting Engineers, addressed Council. In response
to a Councilmember inquiry regarding standards of emission and differences between the
effect on adults and children, he noted that there was no difference. The standards
incorporate a 50x safety factor to provide a prudent margin of safety for all people. The
regulation is based on a 24 hour use. Mr. Hammett was the applicant's consultant.
OPENED PUBLIC HEARING
Gabriella Barr, Verizon representative, addressed Council. She noted that the project had
been "stealth" designed to be co-located within the existing monopine located at Town
Hall. The goal was to make the new antennas as "invisible" as possible. Copies of the
project drawings had been included in the Council packet.
• CLOSED PUBLIC HEARING
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Council discussion ensued. City Manager Cahill explained that the site lease for the
• facilities equipment would return to the City Council for their consideration at a future
meeting. Council discussed the feasibility of adding an additional vendor in the future.
Planning Director Pedro noted that the public hearings (Planning Commission and City
Council) on the project had been properly noticed.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to approve the requested Site Development and Conditional Use
Permit to applicant Verizon Wireless for a period of 10 years subject to the Conditions of
Approval in Attachment 1 and findings of approval in Attachment 2 of the staff report.
UNFINISHED BUSINESS
11. Town Goal
Hidden Villa Annexation Update:
Planning Director Debbie Pedro provided a project update to Council. Staff had met with
the Hidden Villa annexation task force on Tuesday, January 12, 2010., Topics of
discussion had included the revised annexation boundary, the Heifer International
"Global Village"project and the future zoning designation for Hidden Villa.
Pedro summarized the key talking points of the meeting. Hidden Villa had confirmed
their concurrence with the Town's proposal to re-draw the boundary of the proposed
• annexation to conform to the Los Altos Hills County Fire District (LAHCFD) boundary.
Heifer International was currently working with the County on their "Global Village"
project at Hidden Villa. Previously, there had been concerns that the project could
potentially delay the annexation date but the organization had decided to submit their
project application concurrently with the County and the Town to eliminate any issues
regarding the date of the annexation. Town staff has had discussions with their design
team to ensure that the project would be in compliance with Town setback standards.
Pedro reviewed Hidden Villa's zoning concerns. Their current designation as a County
property is Hillside (HS) development. The County zoning regulation allows one unit per
20 acres of residential property. Hidden Villa has expressed a desire to maintain that
development potential. Pedro reviewed the two areas that could be available for
development. She noted that the majority of the proposed annexed area was restricted by
a conservation easement. The two small areas under discussion for possible development
were located along Moody Road.
Pedro reported that the Town had received the title report for Hidden Villa. Following
review of the report there appeared to be a discrepancy with one property that would need
an adjustment on the LACFD boundary. Staff would be discussing the issue with
LAFCO within the week.
Council discussed correspondence from resident Allan Epstein regarding the fiscal impact
of the proposed annexation. City Manager Cahill advised that the specific financial data
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January 14,2010
was not complete at this time. It would be available for the public hearings required for
the annexation.
12. Naming of Edith Avenue/Fremont Road Park
City Clerk Karen Jost introduced the item to the City Council. At their October 22, 2009
meeting, Council had discussed naming options for the park located at the corner of Edith
Avenue and Fremont Road. The Standing History Committee had been directed to
review appropriate names for the park and make a recommendation.
The History Committee had submitted a document authored by former Los Altos Hills
Mayor Robert Cheney in 1976 proclaiming the site as "Anna Corner". The document,
which appeared to be a speech given by Cheney at a Bi-Centennial event, was included in
the Council packet. Staff had researched Town documents and no additional supporting
documentation or formal council action had been found.
Council briefly discussed the dedication document. There was a consensus of the Council
to request an official recommendation from the Standing History Committee on an
appropriate name for the park. Anza Corner was one option that could be considered by
the Committee.
NEW BUSINESS
13. Consideration of an Ordinance Amending Los Altos Hills Municipal Code Title 2
Administration, Chapter 1. City Council, Article I. Meetings, Section 2-1.101.
City Clerk Karen Jost introduced the item to the City Council. The proposed ordinance
would amend the City Council meeting dates. The Clerk noted that Los Altos Hills
Councilmembers' meeting obligations with both Town committees and outside agencies
had expanded significantly over the last several years. This had been distinctly illustrated
at the top of the council meeting with the agenda item pertaining to Councilmember
appointments to serve as Council Liaisons to the Standing Committees and as Town
representatives to outside agencies. The Town currently has 12 standing volunteer
committees each with a monthly meeting. In addition, Councilmembers represent the
Town on 14 outside agencies including the VTA, Santa Clara Valley Water District and
the North County Library Authority. Councilmembers commit substantial amounts of
time in collaborating with volunteer committees on topics as diverse as parks and
recreation and energy efficiency. The Clerk noted that one item that had not been
included in the spreadsheet of Councilmember appointments during the earlier
discussion, were the numerous ad hoc advisory committees that they also serve on with
resident members to address specific policy challenges such as water conservation,
Residential Site Development Guidelines and utility undergrounding.
To address the often over-extended meeting calendar and to enhance the efficient conduct
of the public's business, the proposed ordinance was being recommended. It would set
the number of regular City Council meetings per month from two to one with additional
meetings to be scheduled on an as needed basis pursuant to Municipal Code Section
• 2.1.102. No additional amendments to the meeting time or order of business were being
proposed.
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Jost noted that the Towns of Atherton and Hillsborough also utilize a one City Council
• meeting per month schedule. Both jurisdictions are similar to the Town in terms of land
area, land use characteristics, population and demographics. For the past eight years, the
Town's Planning Commission has also convened a single regularly scheduled meeting
per month.
Council Discussion:
Mayor Pro Tem Kerr offered that the proposal would provide an opportunity for the staff
to work more efficiently and effectively on Town projects and resident issues. It was
noted that Council meetings had been cancelled over the past twelve months without an
interruption in Town business. He concurred that the proposal was sensitive to the
Council's commitments to committees and outside agencies.
There was a Council consensus that the proposed meeting schedule would be more
efficient.
Council briefly discussed meeting dates. It was determined that Thursday was more
amenable to work and business travel schedules of Council Members.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and
passed unanimously to waive reading and introduce the ordinance as amended (third
Thursday of each month)to set the regular meetings of the Council. Ordinance 518
• 14. City Council January/February Meeting Schedule
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Kerr and
passed unanimously to cancel the January 28, February 11 and February 25, 2010
regularly scheduled City Council meetings and to schedule a Special Meeting for
February 18, 2010.
PLANNING COMMISSION REPORT
Planning Director Debbie Pedro provided a verbal report on the January 7, 2010 Planning
Commission Meeting. Five Public Hearings had been conducted at the meeting: two
items (Conditional Use Permits) would be forwarded to the City Council for their review
and approval; three Site Development Permit requests had been considered including
Lands of Nashashibi (approved 3-2 vote), Lands of Larson(approved 5-0 vote) and Lands
of Bilger (approved 5-0 vote). Lands of Nashashibi had been appealed by Councilmember
Mordo and would be considered by-the City Council at their next meeting. Project staff
reports and Conditions of Approval for Lands of Larson and Lands of Bilger would be
forwarded to the City Council by the City Clerk.
REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
Councilmember Summit reported that she had attended the Standing Environmental
• Design and Protection Committee. No action to report.
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Mayor Pro Tem Kerr reported that he had recently attended several forums on climate
• issues including a "Build It Green" Bay Area Council meeting and Joint Venture Silicon
Valley Climate Protection task force meeting. Kerr advised Council that the project at
Westwind Community Barn was nearing completion. He encouraged the Council to visit
the site. The Town's application for a low interest loan to fund the installation of the solar
thermal water project had been approved by the CEC.
Councilmember Larsen reported that he had participated in a week long earthquake
emergency management training at the California Specialized Training Institute (CSTI) in
San Luis Obispo. He joins Councilmembers Mordo and Summit in achieving his
certification as an emergency manager. Larsen added that he had joined the Silicon Valley
Leadership Group's Bay Area Climate Collaborative. He has volunteered to recruit 101
cities to join the group with the goal to reduce greenhouse gases. The Town's Standing
Environmental Initiatives Committee will be reviewing the option of the Town signing on
to participate in the collaborative. Larsen spoke to his recent appointment to the VTA
Board of Directors by the north county cities group.
Mayor Warshawsky reported that the Standing Education Committee would be
forwarding a.draft resolution to the City Council for their consideration at a future
Council meeting. The resolution addresses education issues and litigation between the
Bullis Charter School and Los Altos School District. Warshawsky noted that the
Undergrounding Ad Hoc Committee was continuing the review and assessment of
different options for undergrounding utilities.
• STAFF REPORTS
City Manager
City Attorney
City Clerk
No staff reports were presented.
ADJOURNMENT
There being no further business, the meeting was adjourned by consensus of the City
Council at 9:45 p.m.
Res ectfully sub itted,
Karen Jos , ity lerk
The minutes of the January 14, 2010 regular City Council meeting were approved as
presented at the February 18, 2010 special City Council meeting.
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January 14,2010