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HomeMy WebLinkAbout05/16/2024 (2)Page 2 Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, May 16, 2024 Council Chambers, 26379 Fremont Road, Los Altos Hills, California Remote Meeting Location: Hotel d’Europe, 12 Place Crillon, 84000, Avignon, France Present: Mayor Stanley Q. Mok, Vice Mayor Lisa Schmidt, Council Member Linda Swan, Council Member George Tyson, Council Member Kavita Tankha Absent: None Staff: City Manager Peter Pirnejad, City Attorney Steve Mattas, City Clerk Arika Birdsong-Miller, Assistant to the City Manager Cody Einfalt, Community Development Director Bradley Evanson, Assistant Community Development Director Jay Bradford, and Public Works Director WooJae Kim 1.CALL TO ORDER (6:00 P.M.) Mayor Mok called the meeting to order at 6:00 P.M. 2.ROLL CALL All Members of the City Council were present. Council Member George Tyson participated virtually from Hotel d’Europe, 12 Place Crillon, 84000, Avignon, France. 3.PLEDGE OF ALLEGIANCE- Recited 4.AGENDA REVIEW The agenda was approved as presented removing Item 7K and 7M from the Consent Calendar. 5.PRESENTATIONS AND APPOINTMENTS A.Proclamation Recognizing Public Works Week on May 19th - 25th, 2024 Public Works Director WooJae Kim presented the proclamation recognizing the Public Works Department and thanked the staff for all their hard work and dedication. B.Appointment to the Environmental Design and Protection Committee - Council Member Swan made a motion to appoint Anne Hsiao to the Environmental Design and Protection Committee. Council Member Tankha seconded the motion. Approved, Vote 5-0. C.Reappointment to the Community Relations Committee- Council Member Tankha made a motion to reappoint April Anair to the Community Relations Committee. Council Member Swan seconded the motion. Approved, Vote 5-0. D.Reappointment to the Environmental Initiative Committee- Council Member Tankha made a motion to reappoint Steve Schmidt to the Environmental Initiative Committee. Council Member Swan seconded the motion. Approved, Vote 4-0. Page 3 Vice Mayor Schmidt abstained. E.Reappointment to the History Committee- Council Member Swan made a motion to reappoint Carol Gottlieb to the History Committee. Council Member Tankha seconded the motion. Approved, Vote 5-0. 6.PRESENTATIONS FROM THE FLOOR 1.Allan Epstein, Los Altos Hills, stated that he feels like 2 minutes for residents to speak during Public Comments is not enough time. 2.Rajiv Bhateja, Los Altos Hills, agreed with the comments from Allan Epstein and stated that people should be given more time to speak. 3.Sasha Zbrozek, Los Altos Hills, echoed Allen Epstein's comments and spoke about the delay in posting the agenda and packet material. 4.John Swan, Los Altos Hills, spoke about the Study Session item and advised the Council that there is only a small window left to make it to the November 2024 ballot. 7.CONSENT CALENDAR Vice Mayor made a motion to approve the Consent Calendar removing Items 7K and 7M. Council Member Swan seconded the motion. APPROVED, VOTE 5-0 A.Approval of Regular City Council Meeting Minutes- April 15, 2024 - APPROVED, VOTE 5-0 B.Review of Disbursements: March in the amount of $2,292,045.08 APPROVED, VOTE 5- 0 C.Approval of Treasurer's Report for the Month Ended March 2024 APPROVED, VOTE 5-0 D.Consideration of a Resolution Approving the Plans and Specifications for the Matadero Creek Restoration and Bank Stabilization Project; Approving the Plans and Specifications for the Matadero Creek Restoration Offsite Mitigation Planting and Fencing Project at Byrne Preserve; Authorizing Staff to Advertise the projects for formal bids; and Approving Covenant and Deed Restrictions on Town Parcels APN 182-32-008 and APN 182-32-021 APPROVED, VOTE 5-0 E.Consideration of a Resolution Approving the Fiscal Year 2024-25 Project List for Annual Pavement Rehabilitation and Drainage Improvement to be Funded by State Senate Bill 1, The Road and Accountability Act of 2017 APPROVED, VOTE 5-0 F.Consideration of a Resolution Approving Plans and Specifications for 2024 Pavement Rehabilitation and Drainage Improvement Project and Authorizing Staff to Advertise for Formal Bid APPROVED, VOTE 5-0 G.Consideration of a Resolution Approving the Summary Vacation of Sanitary Sewer and Public Utility Easements at 13334 La Cresta Drive APPROVED, VOTE 5-0 H.Consideration of a Resolution Accepting Dedication of Right-of-Way Easement from Lands of The Kurmann Family Trust at 13867 Robleda Road. APPROVED, VOTE 5-0 Page 4 I.Consideration of a Resolution Accepting Dedication of Right-of-Way Easement from Lands of DCV Enterprise Partners, LLC at 26481 Purissima Road. APPROVED, VOTE 5-0 J.Consideration of a Resolution Approving a Conditional Certificate of Compliance (File No. CC23-0001) for the Lands of Roberts at APN 182-04-089, commonly known as 27360 Elena Road. APPROVED, VOTE 5-0 K. Consideration of a Resolution Authorizing the City Manager to Execute an Agreement with Palo Alto Animal Control Services (Pets In Need) for animal control services in Los Altos Hills (Staff: C. Einfalt)- REMOVED FROM CONSENT CALENDAR L.Consideration of a Resolution Directing that the Pride Flag be Raised for the Month of June 2024 APPROVED, VOTE 5-0 M Consideration of a Resolution Adopting the First Amendment to the agreement between the Town of Los Altos Hills and Kevin W Harper CPA and Associates to increase the not- to-exceed amount from $60,000 to $120,000.(Staff: P. Pirnejad) -REMOVED FROM CONSENT CALENDAR ITEM 7K- Consideration of a Resolution Authorizing the City Manager to Execute an Agreement with Palo Alto Animal Control Services (Pets In Need) for animal control services in Los Altos Hills APPROVED, VOTE 5-0 ITEM 7M- Consideration of a Resolution Adopting the First Amendment to the agreement between the Town of Los Altos Hills and Kevin W. Harper CPA and Associates to increase the not-to-exceed amount from $60,000 to $120,000. APPROVED, VOTE 5-0 8.ONGOING BUSINESS- None 9.PUBLIC HEARING A.Consideration of an Ordinance Amending various sections under Chapters 1 and 2 of Title 10, Zoning and Site Development, of the Los Altos Hills Municipal Code to: amend regulations relating to Accessory Dwelling Units in conformance with Government Code Section 66314 et seq: amending the Grading Ordinance under Article 4, Chapter 2, Title 10 to clarify the City Engineer authority to consider wet season grading moratorium exceptions; to establish Low Barrier Navigation Centers as a permitted use within the Residential-Agricultural (R-A) zoning district in accordance with Government Code Section 65660 et seq: and to update regulations pertaining to Emergency Shelters in accordance with Government Code Section 65583. Community Development Director Bradley Evanson explained that on January 30, 2023, the City Council adopted the 6th Cycle Housing Element to cover the planning period from 2023 through 2031. The California Department of Housing and Community Development (HCD) certified the adopted Housing Element, inclusive of certain technical revisions, on May 30, 2023. An integral part of the Housing Element is the Implementation Program. The Implementation Program is divided into seven general categories, each of which contains Page 5 multiple activities, tasks, and projects that would further the various goals, objectives, and policies of the Housing Element. The categories include Housing Production; Constraint Removal; Housing Preservation and Improvement; Housing Assistance; Special Housing Needs; Affirmatively Furthering Fair Housing; and Education and Outreach. Individual tasks and projects include but are not limited to: amendments to the Town’s Municipal Code to remove constraints on the development of housing; working with the Town’s partners on providing municipal sewer and other services to ensure that there is sufficient infrastructure capacity to accommodate the development anticipated under the updated Housing Element; and providing outreach including a website that contains information about service providers, emergency shelters, and tenant protections available to persons experiencing housing needs or challenging circumstances. Given that the Housing Element covers the 8- year planning period from 2023 through 2031, some of the programs have identified earlier dates of action/implementation than others. Some programs have already been implemented, and others have a regularly recurring review and reporting period. The Ordinance and its amendments discussed in this staff report and presented to the Commission are proposed to address Housing Element Programs B-6, B-11, E-2, and E-3, all of which identified a target completion date of Q1 2024. Mr. Evanson further explained that The four categories of amendments proposed for consideration include: 1.Amendments to the Los Altos Hills Zoning Ordinance to update regulations for Accessory Dwelling Units (ADUs) to reflect recently adopted State regulations for ADUs. 2.Amendments to the Zoning Ordinance to allow the City Engineer to authorize exceptions to the Town’s wet season grading moratorium. 3.Amendments to the Zoning Ordinance to establish Low Barrier Navigation Centers as an allowed use within the Residential-Agricultural (R-A) zoning district. 4.Amendments to the Zoning Ordinance to update regulations pertaining to Emergency Shelters to conform with regulations within the California Government Code. These amendments are included as Exhibit A to the City Council Ordinance and elaborated in further detail below. Accessory Dwelling Units Regulations pertaining to ADUs are generally consolidated in Title 10, Chapter 1, Article 14 of the Zoning Ordinance. The past several years have seen several different bills get adopted in Sacramento that amend ADU regulations contained in the California Government Code. To bring the Town’s ADU regulations in line with the current State regulations, the following amendments have been proposed: 1.LAHMC Sec 10-1.1403(c)(3): the following text is added to the end of the section to ensure compliance with Assembly Bills 345 and 587: “…primary dwelling on the property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code section 66341 (b) – (e) have been satisfied.” Page 6 Staff notes that although the recently enacted AB 1033 includes certain additional provisions to potentially allow separate conveyance of ADUs from the primary dwelling pursuant to a condominium subdivision map, such allowance is at the discretionary of the public agency and not mandatory. As such, the proposed amendments only codify the mandatory separate conveyance provisions under AB 345 and 587. 2.LAHMC Sec 10-1.1403(e): the revisions to this section are made in compliance with the new amendment to Government Code section 66321 (c)(3). This section now requires that front setbacks, along with other local development standards, cannot be applied to prohibit the construction of an ADU if the unit otherwise meets state and local requirements. 3.LAHMC Sec 10-1.1403(f): The following text is added after subsection 2: “(3) The maximum height of a detached Accessory Dwelling Unit shall be 18 feet on a lot that has an existing or proposed multi-family, multi-story dwelling or is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Sec 21155 of the California Public Resources Code. A further 2 feet of height is also allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.” 4.LAHMC 10-1.1404: this section was revised to clearly state objective standards that the Town utilizes in requiring accessory dwelling units to match the primary dwelling unit. The matching requirement has been based on objective construction and numeric standards, rather than subjective determinations, in compliance with state law, and this revision provides further clarity to affirm this approach. The underlying objective standards have not changed; such standards will be the subject of subsequent discussion and undergo proposed revisions to be prepared by Town staff and considered by the Planning Commission before being presented to Council. 5.LAHMC 10-1.1409: this section was revised to reflect state law changes that now prohibit local governments from denying an ADU application based on the correction of nonconforming zoning or building code violations unless there is a threat to public health and safety from the ADU construction. 6.Other minor non-substantive changes have been made throughout the ADU ordinance to update statutory references and ensure internal consistency. Grading Ordinance During the adoption and certification of the Housing Element, the Town’s wet season grading moratorium within the Grading Ordinance (LAHMC Sec 10-2.401 et seq) was identified as a potential impediment to development. The conclusion reached was that adding language to the Municipal Code to grant the opportunity for exceptions or waivers to the grading moratorium would satisfactorily remove the impediment to development, while still preserving the ability to exercise discretion in ensuring development grading activities would be conducted safely. To address this, the following amendment to LAHMC Sec 10-2.404 is proposed: The City Engineer may restrict grading operations during the wet season. Page 7 This change would clarify the ability for the City Engineer to exercise discretion in allowing grading activity to occur within the moratorium period, subject to judgement on conditions based on recent past and predicted future weather conditions and duration of proposed construction activities. The change also aligns with current Town practice as the Town does not impose a blanket moratorium at all times, and therefore provides more clarity for applicants and staff. Low Barrier Navigation Center In its efforts to move the unhoused and underhoused into permanent housing as quickly and efficiently as possible, the State has promoted the establishment of Low Barrier Navigation Centers in communities experiencing various impacts from the housing crisis. To incorporate this into the Housing Element Implementation Program, there are two amendments proposed to the Municipal Code as follows: A.LAHMC Sec 10-2.202: a definition of “Low Barrier Navigation Center” is added to define the term. As shown in the draft ordinance under Exhibit A, this definition defines a low barrier navigation center as a temporary living facility that focuses on moving people into permanent housing with case managers connecting individuals experiencing homelessness to a variety of services, and engaging in practices to reduce barriers to housing and related services. B.LAHMC Sec 10-1.702: “Low-Barrier Navigation Center” is added as an additional use to Accessory Uses and Structures Permitted in the R-A district on property designated Institutional and/or Public on the Town’s Land Use Diagram, all consistent with the Housing Element. As shown in Exhibit A of the draft ordinance, these edits replicate the standards under state law that a low-barrier navigation center is required to meet, and establishes a ministerial process for approving these projects. Emergency Shelter and Transitional Housing The final proposed revision in this set of amendments is to revise the existing Emergency Shelter and Transitional Housing sections of the Zoning Ordinance. As with the Low-Barrier Navigation Center section, this will consist of amendments to the Definitions and the Accessory Uses language. A.LAHMC Sec 10-1.202: adding a definition for Emergency Shelters to clarify what types of projects belong to this use. This definition is taken from the Health and Safety Code and defines emergency shelters to mean temporary housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. These shelters may also include other interim interventions, including but not limited to, a navigation center, bridge housing, and respite or recuperative care. B.LAHMC Sec 10-1.702: this section is revised to move emergency shelters from an accessory use to a primary use, as set forth in the Housing Element. It also clarifies the operational standards and requirements that emergency shelters must follow, and revises them to only include objective standards. These revisions follow the specific actions outlined in the Housing Element program requirement. Page 8 Director Evanson stated that on May 2, 2024, the Planning Commission conducted a public hearing to consider the proposed amendments to the Municipal Code. Following discussion further clarifying the details and intent of the proposed amendments, the Planning Commission voted unanimously by resolution to recommend that the City Council adopt an Ordinance to amend the Municipal Code as described herein. The Public Hearing was open for public comments. There were no comments. Vice Mayor Schmidt made a motion to Waive Reading and introduce an Ordinance incorporating the proposed amendments to the Los Altos Hills Municipal Code to further implement the Town’s 6th Cycle Housing Element. Council Member Swan seconded the motion. Approved, Vote 5-0 MOTION PASSED 5-0: AYES: Mok, Schmidt, Swan, Tankha, Tyson NOES: None ABSTAIN: None RECUSE: None ABSENT: None 10.NEW BUSINESS A.Review the 2023 Housing Element Annual Progress Report and Authorize Transmittal of the Report to the Department of Housing and Community Development. Community Development Director Bradley Evanson presented the Housing Element Annual Progress Report and explained that State law requires that all General Plans include a Housing Element, which provides a plan for accommodating future housing production needs. State law further requires that all cities and counties create an annual progress report that describes that community’s progress toward implementing their Housing Element. The annual report must be submitted to HCD and the state Office of Planning and Research (OPR) yearly. This annual report being presented to the City Council is prepared to address this state law requirement and to document the Town’s progress in the 2023 reporting period. Town staff has been communicating and working with HCD staff on the preparation and submittal of this annual report; HCD is currently expecting municipalities to submit the annual progress report by June 1, 2024, to maintain consistency with state law. The Housing Element APR fulfills statutory requirements to report certain housing information, including the local agency’s progress in meeting its share of regional housing needs (i.e., applications, entitlements, permits, and certificates of occupancy), certain rezoning activities, actions taken towards completion of housing element programs, and local efforts to remove governmental constraints to the development of housing (Government Code Section 65400). California’s housing element law acknowledges that in order for the private market to adequately address the state’s housing needs, local governments must adopt plans and regulatory systems that provide opportunities for and do not unduly constrain, housing development. As a result, housing Page 9 policy rests largely on the effective implementation of local general plans and housing elements. Existing Land Use Conditions The Town of Los Altos Hills historically consisted of very low-density residential land uses along with supporting institutional uses (religious and educational facilities). All development is encompassed within one zoning district, Residential-Agricultural (R-A), which permits the following types of housing: •single-family residences; •Senate Bill 9 (SB 9) units; •accessory dwelling units (ADUs); •residential care facilities for six (6) persons or less; •transitional and supportive housing for six (6) persons or less; •emergency shelters with up to five (5) beds. Closeout of 5th Cycle Housing Element Planning Period During the 5th Planning Cycle, the Town Housing Element included various programs designed to increase housing opportunities for the residents and meet the Town’s state-mandated Regional Housing Needs Allocation (RHNA) numbers for Very-Low, Low, and Moderate-income households. It should be noted that all new primary residences are designated as Above-Moderate income households, and historically, the primary method through which the Town meets its affordable housing goals for new housing units is through the development of accessory dwelling units (ADUs) and more recently, through SB 9 units. Due to changes in State law, ADUs are now permitted on all properties (no minimum lot size or requirement that the property be owner-occupied), may be up to 1,200 square feet in total living area, may utilize tandem parking or parking within the yard setbacks, and shall be approved through a ministerial process if the project meets all objective criteria in the Town’s ADU regulations. In addition, SB 9 was enacted on January 1st, 2022, which allowed for a third dwelling unit, with a minimum size of 800 square feet, to be ministerially approved on an existing property. Furthermore, state law also allows for junior accessory dwelling units (JADUs) of up to 500 square feet in size on all properties through the conversion of existing floor area within a primary single-family residence. In support of ADUs, the City Council has reduced or eliminated sewer and pathway impact fees for new ADUs, and existing unpermitted ADUs can be legalized administratively through a building permit process. In the previous Housing Element planning cycle (2015-2022), the Town exceeded its overall goal significantly (121 units required – 241 units constructed). The overall RHNA number for the 2015- 2022 planning cycle was 121 units comprised of the following income categories as follows: 46 Very-Low, 28 Low, 32 Moderate, and 15 Above-Moderate. A summary of housing permits from the Housing Element Annual Progress Report (seen in Table 2) shows the number of units constructed annually in each income category for the eight-year RHNA planning period. Vice Mayor Schmidt made a motion to Approve the 2023 Housing Element Annual Progress Report and Authorize Transmittal of the Report to the Department of Housing and Community Development. Council Member Swan seconded the motion. Approved, Vote 5-0 MOTION PASSED 5-0: AYES: Mok, Schmidt, Swan, Tankha, Tyson NOES: None Page 10 ABSTAIN: None RECUSE: None ABSENT: None Council Member George Tyson left the meeting at 7:18 PM. 11.STAFF REPORTS A.City Attorney - No report. B.City Clerk - Arika Miller reported that she is working on an updated contract log that will be available in June. C.Community Development Director Bradley Evanson provided an update on the Community Development Department. D.Public Works Director WooJae Kim reported that on May 16, the Town received bids from four (4) contractors for the project ranging from $3.9 million to $4.9 million. The bids are over the Engineer's Estimate of $3.5 million. Staff will evaluate the bids in detail and work with the Utility Underground Subcommittee before awarding a construction contract not to exceed $4.2 million as approved by the City Council at the April 15th meeting. E.City Manager Peter Pirnejad presented the following: We have a planned power outage for Friday, June 7th for PG&E to pull the wires for the battery backup project. The picnic is June 2nd- We had a great pathway run, with nearly 500 runners. Emina's getting married. Intern interviews were this week. Great applicants! We also finished the external lights to the chambers. Page 11 We can see them in use at the end of tonight's meeting Town Hall Public Safety Forum was held on May 15. The Town held a public safety forum based on direction from the council to educate and hear from our residents in the Town. We had representatives from the Sheriff, Flock PalAmerican Security (FKA Genesis), and others. An official postcard was mailed out. About 70 people were attending in-person and online. We also launched a New Pilot Notification Program called "With." The platform allows residents in new and existing neighborhood watch groups to form and communicate with each other quickly and easily as well as allows us to push notifications to them by zone. Three pilot programs are underway. We have about 20 openings on the following Committees/Commissions: Community Relations Committee- 1 vacancy Environmental Design & Protection Committee- 3 vacancies Environmental Initiatives Committee- 2 vacancies Finance and Investment Committee - 5 vacancies Open Space Committee- 2 vacancies Parks and Recreation Committee- 4 vacancies Pathways Committee- 2 vacancies Planning Commission- 3 vacancies We have mailed copies of our Quarterly to the community. Highlights: Budget, Fire District Updates, coexisting with Coyote's, a public safety update, Information about our new online PRA Tool, update on the Rule 20A project, advertising of committee openings, events, and updates on our Transition to our Building Permit Process - Staff is working on several updates to the software we use for permitting. As part of that work, the Town began accepting digital applications and working with the community to refine our process. Going forward to save money we intend to have two quarterly and 2 Activity guides with some updates in place of 4 quarterly publications and 2 activation guides. Next Week we will have our FIC/CC Meeting That same day we will have virtual coffee with the sheriff. The Public Works Annual Staff Appreciation lunch will be next week. Progress on the Broadband discussions with the Technology Committee. We should have an update for the council at the next meeting May 21st_ Page 12 12.REPORTS FROM COUNCIL LIAISONS ON STANDING COMMITTEES, AD HOC COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES A.Status Report from All Council Members on Subcommittees and Outside Agencies Activities 1.Council Member Swan invited everyone to attend the Pet Parade. 13.REPORTS FROM COUNCIL, COMMISSION, AND COMMITTEE-INITIATED ITEMS A.Proposed Notice of Opposition for SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement (Staff: Council Member Swan) Council Member Tankha made the motion to send a Notice of Opposition for SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement. Council Member Swan seconded the motion. Approved, Vote: 3-0. Vice Mayor Schmidt abstained from the vote. MOTION PASSED 3-0: AYES: Mok, Swan, Tankha NOES: None ABSTAIN: Schmidt RECUSE: None ABSENT: Tyson B.Proposed Notice of Opposition for AB 1886 (Alvarez) Housing Element Law: Substantial Compliance (Staff: Council Member Swan) Council Member Tankha made the motion to send a Notice of Opposition for AB 1886 (Alvarez) Housing Element Law: Substantial Compliance. Council Member Swan seconded the motion. Approved, Vote: 3-0. Vice Mayor Schmidt abstained from the vote. MOTION PASSED 3-0: AYES: Mok, Swan, Tankha NOES: None ABSTAIN: Schmidt RECUSE: None ABSENT: Tyson 14.ADJOURN The meeting was adjourned at 7:36 P.M Respectfully submitted, Arika Birdsong-Miller