HomeMy WebLinkAbout09/16/2010 Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, September 16, 2010
Council Chambers, 26379 Fremont Road
CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE
Mayor Kerr called the City Council Regular Meeting to order at 7:00 p.m. in the Council
Chambers at Town Hall.
Present: Mayor Breene Kerr, Mayor Pro Tem Rich Larsen,
Councilmember Jean Mordo, Councilmember Ginger Summit and
Councilmember Dean Warshawsky
Absent: None
Staff: City Manager Carl Cahill, Planning Director Debbie Pedro, Consulting
Planner Cynthia Richardson, Parks and Recreation Supervisor Eric
Christensen, City Engineer/Public Works Director Richard Chiu, Finance
Director Nick Pegueros, City Attorney Steve Mattas, and City Clerk Karen
Jost
• APPOINTMENTS AND PRESENTATIONS
1. Presentation of Mayor's Earth Day Recognition Awards
Christopher Vargas, Los Altos Hills resident and chair of the Earth Day volunteer
committee addressed Council. He introduced the recipients of the 2010 Earth Day
Mayor's Awards. Gardner Bullis School was presented the "Mayor's Award for
Innovation" and Bullis Charter School received the "Mayor's Award for Community
Service". Recognition plaques were given to students from the respective schools by
Mayor Kerr. In addition, the perpetual plaque that is displayed at Town Hall was updated
with the names of the 2010 award winning schools.
Council thanked the students for their community efforts during the Earth Day program.
2. Presentation to City Council of"One Hour Hikes in Los Altos Hills"by author and
former Pathways Committee member Jim Bliss
Councilmember Ginger Summit introduced Jim Bliss, former Los Altos Hills resident,
Standing Pathways Committee member and author of "One Hour Hikes in Los Altos
Hills". Bliss presented the Council with a copy of his book and stated that he was'gifting
the Town with the copyrights and computer files for his illustrated"coffee table"book on
hikes in Town. He requested that a non-liability clause for the author be included in any
afuture printings of the book.
Approved City Council Regular Meeting Minutes
September 16,2010
Council thanked him for his handsome and useful guide and directed the Pathways
Committee to investigate a methodology for printing and sales of the book.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Summit and
passed unanimously to accept the rights to "One Hour Hikes in Los Altos Hills".
3. Appointment to the Los Altos Hills Youth Commission
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and
passed unanimously to appoint Megan Wu to the Los Altos Hills Youth Commission.
CONSENT CALENDAR
Items Removed: Agenda Items 12 and 13 (Warshawsky) Agenda Item 11 (City Clerk)
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
passed unanimously to approve the remainder of the Consent Calendar; specifically:
4. Approval of Meeting Minutes: City Council Regular Meeting—July 15, 2010
City Council Special Meeting—August 6, 2010
5. Review of Disbursements: July and August, 2010
6. Amendments to the Town's personnel Rules and Regulations and Finance Manager
• Job Class Specifications Update (Staff: N. Pegueros)Resolution No. 42-10
7. Acceptance of Quarterly Investment Report for the Period ending June 30, 2010
(Staff: N. Pegueros)
8. Acceptance of Grant Open Space Easement: Lands of Doty, 14190 Amherst Court
(File#24-10-ZP-SD-GD) (Staff: D. Pedro) Resolution No. 43-10
9. Adoption of Ordinance 520: Amendment to Title 10, Chapter 2, Article 8 of the Los
Altos Hills Municipal Code Establishing a Water Efficient Landscape Ordinance
CEQA review: Categorical Exemption per 15307 and 15378(b)(2) (Staff: D. Pedro)
Motion to Waive Further Reading Motion to Adopt the Ordinance
10. Approval of the Second Amendment to the Lease Agreement between the Town and
Purissima Hills Water District (Staff. M. Bennett)
14. Approval of Request for Extension of the Expiration Date of a Site Development
Permit for a New Residence; Lands of Margaretic; 26301 Camino Hermosa,
File#258-08-ZP-SD-GD (Staff. D. Pedro)
Items Removed:
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September 16,2010
11 Approval of Resolution Amending the Appendix to Chapter Six of Title 2 of the
Los Altos Hills Municipal Code "Designated Employees with Disclosure
Obligations" (Staff: K. Jost)
The City Clerk summarized the Town's obligation to review its conflict-of-interest code
biennially and the proposed changes, including the addition of the following positions
(new titles): Finance Manager, Associate Engineer, Senior Planner and Associate Planner.
Several position deletions and title revisions were also being recommended. The items
were all identified in the staff report before Council. During the review process, the City
Attorney had advised that the governing ordinance be amended to allow future changes to
the conflict-of-interest code to be facilitated by Council resolution. Staff recommended
that the item return to Council at the next meeting to include consideration of the
ordinance amendment.
PASSED BY CONSENSUS: To continue the item to the October 21, 2010 regular City
Council meeting.
12. Approval of Briones Sanitary Sewer Force Main Extension Reimbursement
Agreement between the Town of Los Altos Hills and Sissu, L.P. a California
Limited Partnership, DuBose Montgomery, Jerry Schoening, Vasudev Bhandarkar,
Lata Krishnan Shah and Eileen Ruder (Staff. R. Chiu) Resolution No. 44-10
13. Approval of Altamont Sanitary Sewer Force Main Extension Reimbursement
Agreement between the Town of Los Altos Hills and DuBose Montgomery, Jerry
Schoening, Vasudev Bhandarkar, Lata Krishnan Shah and Eileen Ruder
(Staff. R. Chiu) Resolution No. 45-10
Councilmember Warshawsky recused himself from consideration of Agenda Items 12 and
13 due to a potential conflict of interest and stepped down from the dais.
Mayor Pro Tem Larsen requested clarification of the two items. The City Engineer
explained that both items were sewer reimbursement agreements and initiated at the same
time, however the initial investors were different.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and
passed unanimously to approve Resolution No. 44-10 (Briones Sanitary Sewer Force
Main Extension Reimbursement Agreement) and Resolution 45-10 (Altamont Sanitary
Sewer Force Main Extension Reimbursement Agreement).
PRESENTATIONS FROM THE FLOOR
Jitze Couperus, Commissioner, Los Altos Hills County Fire District, addressed Council.
In light of the recent fire and tragedy in San Bruno, he believed it was appropriate to
update them on the District's pro-active commitment to trimming Eucalyptus trees and
removing dead pine trees in Los Altos Hills. The program is on-going and has been very
successful.
•
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September 16,2010
Kathy Evans,resident, Co-Chair Community Relations Committee,thanked everyone for
their help and participation in this year's Annual Hoedown at Westwind Barn. The event
had been well attended and deemed a success.
The City Council thanked her for all of her volunteer efforts on the community. event.
Councilmember Summit acknowledged the staff's efforts for the facility improvements
rovements
g
and event. Summit took the opportunity to acknowledge the.efforts of the Town's art
curator Karen Druker for her tireless volunteer efforts for the artist reception events,
donor wall and new tile bench for the Parks and Recreation building.
Abigail Ahrens, Los Altos, addressed the City Council. She spoke in support of
affordable housing and suggested that the fees charged for connection of secondary
dwelling sewers penalized the applicants and had a negative impact on affordable
housing.
PUBLIC HEARINGS
15. LANDS OF NICHOLSON: APN 336-42-021 (property location-end of Eastbrook
Avenue) File # 96-04 TM-IS-ND-GD; Consideration of a Three Lot Subdivision of
an existing 12.46 parcel; CEQA Review: Mitigated Negative Declaration (Staff. D.
Pedro)
Consultant Planner Cynthia Richardson introduced the item to the Council. She provided
an overview of the project. Pursuant to the Los Altos Hills Municipal Code, all Tentative
Subdivision applications are reviewed by the City Council. The project was located at the
end of Eastbrook Avenue and bounded by'Interstate 280 to the North and Dawson Drive
and Rebecca Lane to the South. The property consisted of 12.56 acres with a lot unit
factor of 8.5. The proposed Tentative Map divided the property into three lots. All three
parcels met the Town's requirements pursuant to the Municipal Code and the Subdivision
Ordinance. Conceptual only building sites were reflected on the Tentative Map however;
future property owners would be responsible for designing the individual homes for each
site. An Initial Study had been prepared for the project and included mitigation measures
for biological concerns, noise reduction issues and the handling of archeological remains.
Richardson proceeded with a PowerPoint presentation that included: an illustration of the
proposed Tentative Map including neighbor properties; individual parcels (A-B-C) and
their particulars including gross acreage, slope, LUF and MDA/MFA, open space and
pathway easements; site photos of each parcel; and a photo of the view from the adjoining
neighbor's property of parcel A.
The Planning Commission had reviewed the proposal at their August 5, 2010 meeting and
determined that the project was,consistent with the General Plan, Subdivision Ordinance
and Zoning Regulations. They had voted unanimously (5-0) to recommend the City
Council approve the proposed subdivision with some minor changes to the Tentative
Map. The modifications were noted in the staff report before the Council.
Richardson noted that the subdivision would,provide an important pathway connection
• from Eastbrook Avenue to El Monte Road with connections to Juan Prado Mesa
Preserve. In addition to the Pathway Committee's requested trail links, the
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September 16,2010
Commissioners had suggested a voluntary pathway easement be placed on Parcel B over
the open space easement running along Hale Creek. The voluntary pathway would help
to facilitate a future link to the Mary Stutz Path which then connects to the Juan
Prado
Mesa Preserve. The applicant had concurred with the request and the Tentative Map
before the Council reflected the request along with Condition of Approval 419.
Richardson advised the Council that staff had received two comment letters from
property neighbors Janet and Donald Lull expressing their concerns regarding the
potential impact of development on parcel A on their view. A photo taken from parcel C
of their residence/property illustrating their view was included in the PowerPoint
presentation.
Council requested additional information on the noise mitigation for the subdivision
given the close proximity to Interstate 280. Richardson reviewed the conditions of
approval pertinent to noise issues. Each parcel would have an agreement on the deed that
required applications for site development (new residences) to have a site specific noise
study and specific mitigation measures for that construction will be included in the
architectural design and following completion of the project; the applicant would be
required to complete a second study to ensure that the home meets the Town's noise
regulations.
OPENED PUBLIC HEARING
Bob Dwyer, applicant's representative, addressed Council. He noted that the owner was
aware and sensitive to the privacy and view concerns expressed by the neighbors. They
had set up a strategy to mitigate the issues and have offered to introduce prospective
buyers and architects to the neighbors to afford them an opportunity to be apprised of the
issues. He noted that they had addressed the neighbors' construction concerns and there
would be ample parking for construction vehicles. Dwyer spoke to the benefits that
would be realized by the Town via the subdivision including: the new paths and
connections; a new bridge over Hale Creek; and dedicated open space.
Donald Lull, Rebecca Lane, immediate neighbor to the subdivision, addressed the City
Council. He offered that the development of the Nicholson property would have a major
impact on his property and requested that the City Council deny the application for a
subdivision. His letters to the Planning Commission and Council were included in the
City Council packet.
Karen Emerzian, Dawson Drive, commented that when she purchased her property they
had been told that the land under discussion would never be developed. She noted that
Nicholson had stated that he would have future buyers of the lots meet with the neighbors
but she believed this scenario was not guaranteed. Future buyers might not develop the
lot and could sell the land without that caveat. Emerzian suggested that language be
included in the deed that required any future developers of the lot to meet with the
neighbors (Lull). She questioned if Lot C would be subject to the Dawson subdivision
CC&R's.
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September 16,2010
City Attorney Mattas clarified that if Lots A-B-C- were not part of the original
subdivision, they would not be subject to the CC&R's applicable to the original
subdivision.
Janet Lull, Rebecca Lane, immediate neighbor to the subdivision, commented that she
appreciated Nicholson's offer to have future buyers meet with them but requested
additional restrictions be included in the Conditions of Approval. Lull asked that the
future developments be excluded from participation in the Fast Track process for new
residences.
CLOSED PUBLIC HEARING
Council Discussion
Council discussed the application. They appreciated the concerns expressed by the
neighbors and offered that the appeal process set forth in the Town's Municipal Code
protected the neighbors. It was noted that the applicant could have been more aggressive
with development of the site and requested additional parcels.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to adopt the Initial Study and Mitigated Negative Declaration along
with the mitigation Monitoring Program (Attachment 3 of the subject staff report dated
September 16, 2010) and approve the proposed Tentative Map subject to the findings and
Conditions of Approval (Attachments 1 and 2 of the subject staff report dated September
16, 2010).
UNFINISHED BUSINESS
16. Town Goals
• Environmental Leadership.and Outstanding Recreational Facilities
No scheduled report. Mayor Kerr acknowledged the community benefits afforded by the
recent improvements made at Westwind Barn and identified the Hoedown as an example.
17. Financial Support for Deer Hollow Farm Status Update(Staff: E. Christensen)
Parks and Recreation Supervisor Eric Christensen introduced the item to Council. He
summarized the dialogue with the City of Mountain View that had occurred subsequent
to Council's approval of a one-time contribution of$10,000 for Deer Hollow Farm. The
City had been unable to agree to the recommended conditions of the contribution that had .
been tendered by the Town but had responded to the Town's requests with several
alternative offers including extending the resident fee to the Town residents for Deer
Hollow Farm programs and designating camp and class spaces in Deer Hollow Farm
programs.
Christensen reported that Mountain View had received multiple donation commitments in
support of Deer Hollow Farm and the funding crisis that had precipitated the Council's
action had been averted for the current fiscal year. Staff was recommending that the
• authorized expenditure be deferred and the situation be reassessed next fiscal year.
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September 16,2010
Council discussion ensued. It was clarified that Council's previous action consisted of
two components: 1) a one-time contribution to the City of Mountain View for Deer
Hollow Farm; and 2) the development of an annual program for future grant of an amount
up to $10,000 of matching contributions made by Town residents, with the grant made
directly to the Friends of Deer Hollow Farm. Councilmember Mordo offered that the
$10,000 contribution for this year had not been predicated on the Town receiving
residential status in their recreation programs but was specific to Deer Hollow Farm.
Council concurred that Deer Hollow Farm was a recreational asset for Town residents.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed by the following roll call vote to send the City of Mountain View $10,000
allocated to Deer Hollow Farm and accept the conditions acknowledged by the City of
Mountain View included in the staff memo dated September 16, 2010:
AYES: Mayor Kerr, Mayor Pro Tem Larsen Councilmember Mordo, and
Councilmember Summit
NOES: Councilmember Warshawsky
ABSENT: None
ABSTAIN: None
18. Natoma Road Sewer Project Status Report (Verbal Report) (Staff. R. Chiu)
City Engineer/Public Works Director Richard Chiu reported that the sewer installation
had been completed. During the work, it had been determined that several areas would
require a sub-drain system to ensure the integrity of the sewer and road. The expectation
was to have this work completed within the next several weeks. Paving would not be
scheduled until the project was finished, however, if needed, temporary paving would be
used to protect the sewer/road from rain.
19. Westwind Community Barn Operations Update (Staff. N. Pegueros)
Finance Director Nick Pegueros introduced the item to Council. He summarized the
recent improvement at the facility including the major seismic retrofit of the Barn and
numerous enhancements and amenities to the riding facilities and paddock areas.
Pegueros noted that the safety improvements had resulted in a reduction of the number of
stalls available for boarding in the main barn; however, the paddock area had an increase
in rentable/leasable space for boarding.
Pegueros reviewed the boarding revenue projections, current activity and estimated
expenses. Based on a 90% occupancy rate, a boarding surplus approximately $5,000 was
projected. However, he suggested that for planning purposes Council consider a range of
approximately $4,000 deficit to a surplus of$5,000.
Pegueros noted that there was a request before Council to market an intermediary option
for boarding at the barn of leasing the improved 4-outdoor paddocks for full-time board at
a monthly fee of$550 each.
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September 16,2010
Mayor Kerr recused himself from consideration of this discussion due to a potential
conflict of interest and stepped down from the dais.
Following a brief discussion, council determined that they would like additional
information regarding maintenance and operation costs for the facility before making a
determination on the boarding fees for the paddocks. Staff was directed to return to the
next regularly scheduled meeting with the requested information and to notice discussion
of the rates on the meeting agenda.
NEW BUSINESS
20. Receive Response to the Santa Clara County Civil Grand Jury Final Report and
Consider New Policies to Control Personnel Costs (Staff: N. Pegueros)
By consensus of the City Council, the Agenda Item was continued to the October 21,
2010 regular City Council Meeting.
21. Consideration of Proposed Ordinance Amending Section 5-7.08 and Section 5-8.08
of the Los Altos Hills Municipal Code(Staff. K. Jost)
City Clerk Karen Jost introduced the item to Council. Council had before them an
urgency ordinance that required a majority vote for approval. She summarized the need
for the ordinance and the nexus that would permit the ordinance to be adopted in one
reading. The draft ordinance would correct an error in the Municipal Code that occurred
during the republication and replaced part of the Town's View Ordinance with language
from another ordinance amendment.
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Larsen
and passed unanimously to waive further reading, introduce and adopt Ordinance 521
amending section 5-7.08 and section 5-8.08 of the Los Altos Hills Municipal Code.
22. Discussion of Sewer Connections for Secondary Dwellings(Staff: R. Chiu)
City Engineer Richard Chiu introduced the item to Council. He provided an overview of
the Town's current sewer connection fee policy for second dwelling units. A second unit
on the same property is considered a separate single-family dwelling and an additional
sewer connection fee is charged. Chiu noted that staff had received comments from
residents opposing the connection fee.
Chiu summarized the Town's interest in providing incentives for preserving and building
secondary units to increase the affordable housing inventory within the Town. Staff was
before Council requesting consideration of a budget of $75,000 per year to provide a
$5,000 incentive discount for the first 15 secondary units that connect to the sewer during
that respective year.
Councilmember Mordo suggested that the Council consider waiving all fees for
connecting a second unit to the sewer system. He believed that the fees were a
• disincentive to residents to build secondary dwellings and suggested that the units were
part of the residence and within the MDA/MFA of the site. Mordo acknowledged that if
8 Approved City Council Regular Meeting Minutes
September 16,2010
the topography of the lot required a different connection to the main, a partial charge
might be appropriate. Council consensus was to retain the sixty fixtures units as the
benchmark for the site (single family residence) before a fee increase and to include the
number of fixtures from both the main and secondary dwelling in the formula.
OPENED PUBLIC COMMENT
Abby Ahrens, Los Altos, commented that she had just completed a construction project in
Los Altos Hills with a 550 square foot guest house and had been charged the full
connection fee for the second unit. She noted that only new secondary units could be
counted towards ABAG's affordable housing numbers. She requested a refund of the fee.
Her project had one lateral line to the main sewer.
Vic Riches, W. Loyola Drive, commented that he had a secondary home. His residence
and second unit were currently using a septic system and offered that it would be very
expensive for him to run two lines to the sewer main. It was clarified that he could have
his main home connect to the sewer and leave his second unit on septic.
CLOSED PUBLIC COMMENT
Direction was given to staff to return to the Council at their next regularly scheduled
meeting with a draft ordinance for Council consideration. Additionally, staff was directed
to hold sewer connection fees for secondary dwellings as a deposit until a determination
had been made by Council.
Annual use fees would be reviewed separately. The Finance and Investment Committee
would be charged with reviewing the financial impact of reducing the annual fees for
second units.
23. Discussion of MTCNTA Vehicle Emissions Reduction Based at Schools (VERBS)
Grant Program and Award of Contract for Consulting Services in an Amount Not—
to-Exceed $41,5000 to Prepare Preliminary Design Documents for Fremont Road
Bike Lane—Arastradero Road to West Edith (Staff: R. Chiu)
Mayor Kerr introduced the item to the City Council. He noted that there was a
competitive grant program from the VTA moving forward. Deadline for submission of
applications for the 2011-2013 Vehicle Emissions Reductions Based at School (VERBS)
program were due by October 4, 2010. The program focused on reducing greenhouse
gases by promoting walking, biking, transit and carpooling to school. There was a
$500,000 project minimum. Recently, residents have expressed their concerns about safe
bike routes in Town. The proposed area for a new bike lane included Fremont Road from
Edith to Arastradero.
OPENED PUBLIC COMMENTS
Michelle Wu, resident, expressed her concern with the safety of crossing the street at the
Arastradero and Fremont Road intersection. In addition to the hazardous intersection, she
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September 16,2010
noted that the bike lane near the end of Fremont Road disappeared defined and
pP �is not )
requires the students riding bicycles to merge into automobile traffic. She requested that
lines be added.
Gary Paxton, resident, commented that the intersection at Arastradero Road and Fremont
Road is very congested and constrained and it was very difficult for student bicyclists to
cross the road.
CLOSED PUBLIC COMMENT
Councilmember Mordo requested clarification on the financial commitment of the Town
for participation in the grant program. Finance Director Pegueros offered that the Town's
estimated cost was $150,000 for 2011-2012 and 2012-2013.
Mayor Kerr spoke to the importance of improving bicycle safety in Los Altos Hills and
the advantage to all residents of installing a bike lane on Fremont Road.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and
passed unanimously to adopt Resolution No. 46-10 approving award of a contract in an
amount not-to-exceed $41,500 for consulting services to prepare preliminary design
documents for a Fremont Road bike lane.
PLANNING COMMISSION REPORT
• 24. Verbal Report-Planning Commission Meeting September 2, 2010
Planning Director Pedro summarized the actions of the Planning Commission. The Fast
Track ordinance amendments had been reviewed by the Commission and would be
moving forward to Council at their next regularly scheduled meeting.
REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS
ON OUTSIDE AGENCIES
Councilmember Summit reported that the Cities Association was offering a grant of
$16,500 to Los Altos Hills to develop a non smoking initiative. The grant focused on
youth smoking prevention. She suggested that the Los Altos Hills Youth Commission
participate in the development of the program. Council concurred.
Councilmember Summit reported that the Cities Association was seeking support for a
resolution in support of suicide awareness and prevention initiative.
REPORTS
City Manager
City Attorney
City Clerk
• No reports given.
•
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September 16,2010
COUNCIL INITIATED ITEMS
25. Discussion of ChargePoint Networked Charging Stations and Consideration of
Request for Funding for Installation(Mayor Kerr and Mayor Pro Tem Larsen)
Mayor Kerr introduced the item to the City Council. He summarized the nationwide
effort to encourage the reduction in greenhouse gases and the use of electric vehicles.
Currently, the Federal government has an incentive program in place to encourage the
installation of charging stations for the electric vehicles. The Town has the opportunity to
install three units at public sites: (2 at Town Hall, 1 at Purissima Park). The units were
being provided at no cost; however, the Town would be obligated to pay for installation.
Costs for the electricity could be recovered by fees for charging. 300 units were scheduled
for installation in the Bay Area.
Staff estimated the costs associated with installation would be approximately $6,000 with
the Town using their own staff for trenching.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to approve an amount not-to-exceed $10,000 for the installation of
three ChargePoint networked electric charging stations.
26. Consider Recommendations from the Open Space Committee to Protect Adobe
Creek at Hidden Villa and Funding Request(Councilmember Mordo)
By consensus of the Council, this item was considered out of agenda order.
Roger Spreen, Chair Open Space Committee, addressed Council. He thanked them for
the opportunity to comment on behalf of his committee on the Heifer proposal at Hidden
Villa. Spreen clarified that his committee was not interested in commenting on the
project but was primarily interested in the potential impacts that could be the result of the
project's encroachment on Adobe Creek. They had brought this item to the attention of
the Council after learning that the Santa Clara County might consider a reduction in their
150 foot setback to creeks with required mitigation measures. This information was
available in the public project file at the County. He proceeded with a PowerPoint
presentation "Protecting Adobe Creek Watershed". Spreen outlined the Committee's
reasons for requesting the Town's involvement in the project at this time. The
presentation included: a proposed site plan of the Heifer Global Village; summary of the
H.T. Harvey (applicant's project consultant) report's deficiencies; and, a flood control
zone map for the area.
Spreen summarized the committee's request to the Council. It included: 1) a Council
memo to Santa Clara County identifying the committee's concerns; and, 2) Council's
authorization to hire Live Oak consultants to provide an independent assessment of the
project's impact on Adobe Creek.
Councilmember Warshawsky offered that the Town had participated in many open and
• successful face to face dialogues with Hidden Villa during the proposed annexation
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process and questioned if it would not be more appropriate to have that as a first step
p q
rather than the approach suggested by the committee.
OPENED PUBLIC COMMENT
Martin Neiman, Hidden Villa Board of Directors, spoke to the comments of the
Committee. He offered that the Committee had not requested any information from
Hidden Villa and noted that the project before the county was in a very fluid and
preliminary stage. He offered that there were many inconsistencies in the Committee's
presentation. The Town and neighbors would have ample time to comment on the
project. Neiman requested that the Council let the County process the application and
wait to comment at the appropriate time on the final plan and submittals.
CLOSED PUBLIC COMMENT
Council discussion ensued. Councilmember Mordo questioned if the project was all
within the 150 foot setback of the creek. Neiman offered that he was not prepared to
answer that question at this time but that he did not believe as suggested by the
committee, the Heifer project was located in its entirety within the 150 foot setback.
Planning Director Pedro advised Council that to date, the County had not received any
official/formal use permit application for the project. An environmental review process
would occur when it is filed and the Town would be afforded an opportunity to review
and comment.
Councilmember Warshawsky noted that if the Town had annexed Hidden Villa, the
project would now be under our control. However, it was now under the auspices of the
County. Councilmember Mordo clarified that he supported Hidden Villa and Heifer, his
primary concern was the proposal's potential impact on the creek. Councilmember
Summit offered that she had walked the site at Hidden Villa and the deer fence was in
place. The area under discussion was currently home to a farming/agricultural site with
buildings in place near the creek. She suggested that the plan had been constantly
changing as Hidden Villa and Heifer made compromises to address concerns. She
concurred that it was important for the Council to be kept apprised of the project and that
the wildlife corridor was important for the area. However, she supported affording the
parties involved with the project the opportunity to finalize their proposal.
Council consensus was to send a letter to Santa Clara County under the Mayor's signature
requesting that the Town be kept apprised of the project and have the appropriate time
and opportunity to comment on the final project application and environmental report
noting the Town's concerns. There was no support for engaging a private consultant at
this time.
COUNCIL RECESSED: 9:50 PM
COUNCIL RECONVENED TO OPEN SESSION: 10:00 PM
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September 16,2010
ADJOURNMENT
There being no further business, the meeting was adjourned by consensus of the City
Council at 11:00 pm.
Respectfully submitted,
Karen Jost
City Clerk
The minutes of the September 16, 2010 regular City Council meeting were approved as
presented at the October 21, 2010 regular City Council meeting.
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September 16,2010