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HomeMy WebLinkAbout05/28/2009 Town of Los Altos Hills City Council Regular Meeting Minutes May 28, 2009 Council Chambers, 26379 Fremont Road CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Mordo called the City Council Regular Meeting to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Jean Mordo, Mayor Pro Tem Dean Warshawsky, Councilmember Breene Kerr, Councilmember Rich Larsen, and Councilmember Ginger Summit Absent: None Staff: City Manager Carl Cahill, City Engineer/Public Works Director Richard Chiu, Finance Director Nick Pegueros, Planning Director Debbie Pedro, Assistant Planner Nicole Horvitz, Parks and Recreation Supervisor Eric Christensen,Acting City Attorney John Bakker and City Clerk Karen Jost Acting City Attorney John Bakker advised Council that pursuant to the Brown Act, they had the right to add an item to the meeting agenda if it was determined that there was an immediate need to take action on the item. Bakker noted that Council had received • correspondence from Akeena Solar related to agenda item #11 subsequent to the agenda being posted. The letter had threatened litigation and it was appropriate for the Council to confer with their legal counsel prior to hearing the agenda item. MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Kerr and passed unanimously to add an item to the agenda; specifically: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case CONSENT CALENDAR MOTIONED SECONDED AND CARRIED: Moved by Larsen, seconded by Warshawsky and passed unanimously to approve the consent calendar, specifically: 1. Approval of Meeting Minutes: City Council Regular Meeting–May 14, 2009 2. Approval of Resolution Adopting Rosenberg's Rules of Order as the Official Parliamentarian Guideline for Council Meetings–Resolution No. 30-09 3. Acceptance of Irrevocable Offer of Dedication of Right-Of-Way: • Lands of Zhu and Xu, 24920 La Loma Court–Resolution No. 31-09 (Staff: R. Chiu) 1 City Council Regular Meeting Minutes May 28,2009 4. Acceptance of Irrevocable Offer of Dedication of Right-Of-Way: • Lands of Kahng, 26750 Robleda Court—Resolution No. 32-09 (Staff: R. Chiu) PRESENTATIONS FROM THE FLOOR There were no comments from the floor. PUBLIC HEARINGS City Council Ex Parte Contacts Policy Disclosure Council had no disclosures to report. 5. LANDS OF PURISSIMA HILLS WATER DISTRICT (APPLICANT: AT&T WIRELESS), 26451 Ascension Drive (#21-09-CUP); A Request for a Conditional Use Permit Renewal for a Wireless Communication Facility. CEQA Review: Categorical Exemption per Section 15301 (a) (Staff: D. Pedro) Assistant Planner Nicole Horvitz introduced the item to Council. The request before Council was for renewal of a Conditional Use Permit for an existing previously approved wireless communications facility located at the Purissima Hills Water District property on Ascension Drive. The applicant was proposing modifications to upgrade the existing facility to optimize the site for I Phone and 3G technology. The upgrades to the monopole would not be visible from off site. The Planning Commission at their May 7, • 2009 meeting had voted unanimously to recommend approval of the CUP renewal subject to continued compliance with the existing Conditions of Approval. Horvitz proceeded with a PowerPoint presentation that included photos of the installation and a site plan. Jed Peters, AT&T, introduced himself and advised Council that he was available to answer their questions. Councilmember Larsen questioned if any additional locations in Los Altos Hills were currently under investigation as possible wireless facility sites. Peters acknowledged that he understood the push for increasing wireless coverage and capacity. He encouraged the Council to continue to support additional installations. OPENED PUBLIC HEARING No comments. CLOSED PUBLIC HEARING MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Kerr and passed unanimously to approve the request for renewal of the Conditional Use Permit and extend the time period between renewals from five (5) years to ten (10) years in compliance with Government Code Section 65949 (b), subject to the Conditions of Approval as amended in Attachment 1 of the staff report dated May 28, 2009. • 2 City Council Regular Meeting Minutes May 28,2009 6. LANDS OF BROCKWAY (Formerly Lands of Moeller), (#101-09-MISC); Hearing of an Appeal of the City Engineer's Approval of Subdivision Improvements Plan • for Utility Undergrounding on 11990 Page Mill Road (Staff: R. Chiu) City Engineer/Public Works Director Richard Chiu introduced the item to Council. On May 11, 2009, the City Engineer reviewed and approved proposed subdivision improvements plans for utility undergrounding on 11990 Page Mille Road. The Town received an appeal of the decision from the adjacent property owner Waidy Lee on May 12, 2009. Pursuant to the Town's Municipal Code, the City Council was required to set the appeal for hearing not more than fourteen days from the date of the Council meeting where the hearing date was considered. OPENED PUBLIC HEARING No comments. CLOSED PUBLIC HEARING MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Warshawsky and passed unanimously to schedule the appeal for a public hearing at the next regularly scheduled City Council meeting,"June 11, 2009. UNFINISHED BUSINESS 7. Update on Town Goals • • Emergency Preparedness No report given. • Environmental Initiatives 7.A Consideration of Initiatives Supporting the Town's Green House Gas Reduction Goals—Peter Evans, Environmental Initiatives Committee Environmental Initiatives Committee (EIC) Chair Peter Evans addressed Council. He proceeded with a PowerPoint presentation titled "EIC Climate Action Recommendations". Evans reviewed with Council the previously approved Green House Gas (GHG) reduction emission targets. In January, Council had set the goal of reducing government operation emissions by 40% of the 2005 levels and community emissions by 30% of the 2005 identified levels. The year 2015 was the targeted date for achieving the reductions. Evans explained that the EIC was before Council with two proposed initiatives for their consideration that would help to achieve the target goals: 1) a residential energy audit program; and, 2)the establishment of a local school bus route for Los Altos Hill students. Evans outlined the potential opportunities for project funding that were available through the ARRA (American Recovery and Reinvestment Act) stimulus monies. They included: • transportation grants, energy efficiency block grants, and additional energy options via SEP grants from the California Energy Commission. Evans noted that the details for the 3 City Council Regular Meeting Minutes May 28,2009 grants were uncertain and not yet fully developed but that the Committee believed it would be advantageous to have projects "shovel ready" given that many of the timelines • for applications would require expeditious filings. Evans added that there was a significant opportunity by way of the stimulus (ARRA) funds for realizing GHG reductions, energy efficiency and cost savings. At this time, the EIC was requesting Council endorsement of the Town's participation with neighboring jurisdictions as a consortium on a joint "Residential Audit Proposal" with Acterra. The endorsement was a necessary component in the Committee moving forward with the proposal with other cities. Councilmember Kerr provided an overview of available stimulus funding. Cities with populations over 35,000 had received grant guarantees for energy efficiency and conservation. Funding for cities with smaller populations like the Town of Los Altos Hills was not accessible at this time. Kerr had met with Congresswoman Anna Eshoo to brief her on this critical issue and a competitive grant program was currently underdevelopment with the expectation that specifics for the application would be available by the end of the month with applications submittal scheduled for this summer. Cities with well-developed programs that met the criteria were more likely to be the recipients of the grants. Kerr believed this was an excellent opportunity for the Town. Council had on the dais a letter from Congresswoman Eshoo to Councilmember Kerr thanking him for their meeting and discussions and a copy of her correspondence to California Energy Commissioner Karen Douglas requesting that the Commission move quickly on making Block Grant applications available to smaller cities. • The second initiative proffered by the EIC was the development of a Los Altos Hills local school bus route to serve students who attend local area schools. It was unknown if ARRA funding would be available for this proposal or who would operate the program. A known requirement however was that the Town would be the applicant. The EIC estimated that 30 students riding the bus versus individual cars could potentially have an annual reduction in GHGs of 34,390 lbs. The Committee was seeking Council endorsement of the proposal and Council direction to the Education Committee to review the proposal and investigate if there was adequate parent interest to pursue the endeavor. Councilmember Kerr explained that the proposal was to establish the program with federal funding with the hopes that the program would eventually be self sustaining with parents paying for the service. Council briefly discussed the proposal for a local school bus route outlined by Evans. It was noted that school districts could not apply for the grants and the application submittal would have to be from the Town. Mayor Pro Tem Warshawsky, Council Liaison to the Education Committee, offered that the cost of the program to residents and the routes would play significant factors in whether the program would be of value to Town residents. He questioned if the proposal had been vetted appropriately and was ready to be assigned to the Education Committee. Council expressed their concerns that there was a finite time to assess residents' interest on the proposal given the limitations of the school year. Evans explained that the Committee was not seeking town funds for the • project but investigation of the proposal for submittal for grant funding to initiate the proj ect. 4 City Council Regular Meeting Minutes May 28,2009 Peter Evans deferred to resident Steve Schmidt for the discussion of residential energy • audits. Schmidt introduced Debbie Mytels, Acterra Director. It was noted that the organization would play a key role in the proposal. Mytels was available to answer Council's questions. Schmidt proceeded with a PowerPoint presentation titled "Negawatts from High Energy Homes". The focus of the presentation was the definition, identification and characteristics of Los Altos Hills' high energy homes and the breakdown of home energy use. Cities identified as having homes with the highest average annual residential electrical use included Atherton, Woodside, Hillsborough, Los Altos Hills, Monte Sereno, Ross, and Portola Valley. Schmidt explained that there was no existing solution to the problem of high energy use and currently very little existing data on energy use by luxury goods. Existing home audits focused on HVAC (heating and cooling systems) and high end homes have more issues in terms of custom loads and appliances. Schmidt noted that an audit of his home revealed 93 "loads" were plugged in continuously at his residence. He reviewed a chart of one home's electric loads for one year that included numerous hidden "energy hogs". The challenge with base loads (phantom or standby power) was the difficulty in itemizing their use. They are generally running all of the time. The second form of energy use that had been investigated was the intermittent loads that require high energy use and come "on and off'. Schmidt suggested that an optimum option for home audits would be a low cost "RED High Energy Audit" that could be administered offsite with remote evaluation and diagnostic capabilities. • Schmidt reviewed the proposal before Council to develop and deploy a new Audit Program. The low impact remote audit would be developed for neighboring towns with similar demographics and energy use. Acterra, a leading conservation non-profit, would manage the audit programs for the consortium of cities (Los Altos Hills, Atherton, Woodside and Portola Valley). The expected cost of the development of the program and 700 audits was approximately $150,000 to be funded by stimulus monies and possibly PG&E grant funds. It was noted that the cities would be joint applicants for the stimulus funding. The expected impact of the audits was a reduction in residential electric use by 20% and natural gas by 10% with a cost savings for residents of approximately$1500 per audited home,per year. The applications and process for the funding had yet to be defined but Schmidt noted that it was important to be prepared given that the window of opportunity to submit applications for grant funding could be very narrow. Schmidt explained that the EIC was before Council seeking their endorsement of the proposal. Evans noted that it was also important for the Town to concur with the concept of working with the three other cities on the project. To date, no formal action on the proposal had been taken by any of the identified cities. City Manager Cahill offered that the Town would be obligated to follow all legal guidelines and audit requirements for the receipt of any federal or state grant funding. If the Town were to establish a working relationship with Acterra, a consulting agreement that met all of the Town's requirements would be required. He noted that there were • formalized processes that needed to be adhered to when working with the Town. 5 City Council Regular Meeting Minutes May 28,2009 Debbie Mytels, Acterra, offered that the organization currently had contracts with five cities for their "Green@Home" program and they were very familiar with procedures and policies required when working with a governmental jurisdiction. She anticipated that there might be some private funding from Portola Valley_that could help with the associated costs. Council discussion ensued. It was noted that the proposal would assist the Town in achieving their approved goals for Green House Gas reductions. City Manager Cahill offered that if there was a need for staff time and given the tight timeline, a consultant might be hired to assist with the proposed projects. Associated costs would be charged back to the committee funds included in the 2009-2010 budget. MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Kerr and passed unanimously to endorse the concept of partnering with neighboring Towns on the joint residential energy audit program under the guidance of the Town staff with the modest use of committee designated funds. There was a consensus of the City Council for the EIC to move forward with further investigation of the school bus initiative for town residents and to return to Council with additional information. There was no council action on funding of the initiative. 7.B Request of Funding from EIC for Educational Forum Council had before them a request from the Standing Environmental Initiatives • Committee for funding of a series of educational forums. Their first educational forum was scheduled for June 17, 2009 at Town Hall. The request was for $1,000 to defray costs. Council briefly discussed the request. Direction was given to the Committee to apply any remaining funds from the $1,000 allocation to cover costs for subsequent forums. MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Kerr and passed unanimously to approve the request for funding. • Parks and Recreation Assets and Programs 7.0 Update on Practice Field at Foothill College (Staff. E. Christensen) Parks and Recreation Supervisor Eric Christensen introduced the item to Council. The purpose of his report was to update the City Council on the status of the Practice Field area at Foothill College. The Town and College representatives had met to discuss the possibility of the Town and College collaborating on the project to develop and share the use of the Practice Field. The College had requested that they control the scheduling and maintenance of the field. In exchange for the Town developing the Practice Field,they would have limited use rights of the field during specific after-school and weekend times for an initial period of 10 years. City Council Regular Meeting Minutes May 28,2009 Staff had prepared preliminary costs for natural and synthetic turf fields and they were available to Council as an attachment to the staff report. The College had indicated a preference for synthetic turf. Christensen commented that at this time, staff was recommending deferring the project until next year citing the concern that there could potentially be a substantial diversion of Town fiscal and staff resources that could put proper completion of planned improvements to Town owned recreational assets at risk. It was also noted that the college campus was very much adult oriented and the Los Altos School District remained interested in developing a soccer field at Gardner Bullis which was a more appropriate site for children. Council discussion ensued. Concerns sited were the lack of input from soccer organizations and lacrosse groups; absence of true project costs; the potential fiscal impact on the Westwind Community Barn project; and, the terms outlined by the College for the Town's use of the facility. A preference to invest in Town properties was expressed. There was no Council support for the expenditure of funds this year. It was suggested that a more specific proposal (term sheet) from the Town might provide a more optimal discussion platform for the project. Staff suggested a"turn key"proposal for the field improvements with the College as the lead agency. Councilmember Larsen offered that he believed there was an opportunity open to the Town to develop a soccer field and improve relations with the College. He did not propose spending the costs that had been outlined in the staff report but supported further investigation. Larsen volunteered to work with the staff to define the term sheet and project site proposal. There was no consensus to open discussions with the Los Altos School District. • MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Warshawsky to authorize Councilmember Larsen and staff to continue negotiations with Foothill College for the potential use of the Practice Field and to initiate the development of a term sheet proposal/concept plan with the assistance of staff for an amount not to exceed $5,000. • Sewers and Infrastructure Councilmember Larsen reported that the next meeting of the Ad Hoc Sewer(Infrastructure) Committee was scheduled for June 24th at Town Hall. 8. Pathway Improvements for Chaparral Way (Staff. R. Chiu) City Engineer/ Public Works Director Richard Chiu introduced the item to Council. He provided an overview of the project. In October, 2008 during discussions with Council regarding public use easements on Chaparral Way, resident Tom McReynolds expressed his concerns for shared use of the road for pedestrian and vehicular traffic. Council discussed the proposal of a one time financial assistance in an amount not to exceed $20,000 for making safety improvements to accommodate pathway use. Staff was directed to investigate and return to Council with recommendations. Council had before them a technical memoranda that had been prepared by CSG Consultants based on the improvements identified at the previous meeting. Staff recommended the following safety improvements: trim vegetation to correct visibility • issues; grade the area to increase usable pathway space; installation of a reflective plastic 7 City Council Regular Meeting Minutes May 28,2009 post system to delineate the edge of the road; and the installation of a road gate that would allow unobstructed pathway use by equestrians and pedestrians. • Staff had walked the site/road with resident Thomas McReynolds and the consultant. Chiu proceeded with a PowerPoint presentation that included pictures illustrating the scope of work per the recommendations. Staff was also recommending approval of associated drainage improvements necessary for pathway use. In addition to the safety improvements, Chui advised that staff was recommending that Council consider vacating the public use easement and reserving a separate easement (7 to 10 feet wide) for non-vehicular pathway use by the public. Chiu shared several site plans with Council that delineated the 'pathway easement and public and private easements on Chaparral Way. The vacation and reservation procedure was established by state law. Chiu noted that the easement modifications would clarify now and into the future that the Town's maintenance responsibility on Chaparral Way was limited to pathway use and not for roadway purposes. City Manager Cahill advised Council that recorded easement modifications were necessary to ensure that there was no misunderstanding with the residents as to the Town's responsibility for the roadway. He noted that the oral agreement that had P tY Y gi' h previously been reached was not a viable remedy. Council discussion ensued. There was a consensus of the City Council that the pathway safety improvements were a good compromise and the one time expense was consistent • with Council's direction. Subsequent pathway maintenance would be provided consistent with the maintenance provided to other paths. Council suggested that it would be appropriate for the Town to acquire an agreement signed by the neighborhood representative as a condition for the installation of the gate. MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky and passed unanimously to approve a budget up to $20,000 for pathway safety improvements related to non-vehicular pathway use on Chaparral and to authorize staff to proceed with the modifications of the public use easement to a 7 to 10 foot wide easement for non- vehicular use. Installation of the road gate would require a document from the neighborhood representative bringing to a close requests for roadway maintenance. NEW BUSINESS 9. Finance Department Reorganization for the Fiscal Year Beginning July 1, 2009 - (Staff:N. Pegueros) Finance Director Nick Pegueros introduced the item to Council. The item before Council was a proposal to reorganize the Town's finance department for the fiscal year beginning July 1, 2009. The reorganization would require the elimination of the Accountant/Office Manager position. The budgetary resources for that position would be reallocated to a • combination of professional services and part time personnel budget that would assist the Town in cost-effectively and efficiently completing priority projects. Additionally, the g City Council Regular Meeting Mmute s May 28,2009 new configuration would provide flexibility to accommodate the varied needs of the Town in uncertain times. • Pegueros noted that the reorganization would help to fast track severalro'ects that had p J fallen behind. Pegueros reviewed each of the projects with Council. They included: improvements to financial reporting; the implementation of new financial management software; enhancement of internal controls; and, the refinement of the department records management program. The recommendation before Council was to allocate a not to exceed amount of$60,000 per fiscal year for professional services. The budget would be scalable to meet the needs of the department and would provide staff augmentation during periods of peak workloads including Town audits and the conversion of the Town's financial software. The reorganization also called for two permanent part-time accounting technician positions to assist with clerical work. The salary and benefits budget for both positions would not exceed$55,000. In conclusion, Pegueros noted that with the reorganization the Town would have the ability to bring to fruition projects that had languished. Additionally, the reorganization would afford the benefits associated with scalability of consultant services. Council discussion ensued. Council requested clarification on whether the budget as outlined by Pegueros had been included in the draft budget reviewed by Council during the study session. Pegueros explained that financial departments have peaks and down periods with their work loads and the scalability of working with consultants with specific expertise on projects would be beneficial. MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Summit and passed unanimously to approve the reorganization of the Town's finance department for the fiscal year beginning July 1, 2009 and to adopt the Statement of Intent to Abolish the position of Accountant/Office Manager. Resolution No. 33-09 PLANNING COMMISSION REPORT 10. Notification of Planning Commission Approvals: A. LANDS OF AGAM: 25611 Vinedo Lane (#315-08-ZP-SD-GD); A Request for a Site Development Permit for a 5,461 square foot two story new residence (maximum height: 27) with a 3,489 square afoot basement, a 251 square foot secondary unit (pool cabana), a 416 square foot swimming pool and a grading policy exception. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) • Planning Commission Vote: Unanimous Approval (5-0) • Appeal Deadline: May 29, 2009 • B. LANDS OF EVANS: 11641 Buena Vista Drive (431-09-ZP-SD-GD); A Request for a Site Development Permit for a 11,954 square foot two story new 9 City Council Regular Meeting Minutes May 28,2009 residence (maximum height: 29'5") with a 1,580 square foot basement, a 732 square foot attached second unit, a 1,064 square foot swimming pool and a • grading policy exception. CEQA Review: Categorical Exemption per Section 15303 (a) & (e) • Planning Commission Vote: Unanimous Approval (5-0) • Appeal Deadline: May 29, 2009 C. LANDS OF EPISCOPAL LAYMAN'S GROUP OF LOS ALTOS (APPLICANT: AT&T WIRELESS), 26410 Duval Way(#139-08-CUP); A Request for a Site Development Permit for a landscape screening plan for a wireless communication facility. CEQA Review: Categorical Exemption per Section 15304 (b) • Planning Commission Vote: Unanimous Approval (5-0) • Appeal Deadline: May 29, 2009 Planning Director Debbie Pedro provided an overview of the Commission's actions at their last meeting. Council had before them the staff reports and conditions of approval for the applications that had been considered by the Planning Commission. Councilmember Summit commented that she had attended the meeting and was very impressed by the Lands of Evans submittal. The project is very "green" and an excellent model (design) for homes in Los Altos Hills. • COUNCIL ADJOURNED TO CLOSED SESSION AT 9:30 P.M. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case COUNCIL RECONVENED TO OPEN SESSION AT 7:00 P.M. Acting City Attorney John Bakker reported out of Closed Session: There was no reportable action taken by Council during the Closed Session. 11. Report from Planning Director on Town Solar Panel Setback Requirements and Possible Amendments to the Zoning Ordinance, Applicability of State Law, Consideration of Fee Reduction for Solar Variances Mayor Mordo re-iterated the reason for the Closed Session noting that Council had not had an opportunity to review the letter from Akeena Solar transmitted to the Town on May 27, 2009. Mayor Mordo proposed that the Town would temporarily waive fees for solar applications that required public hearings until the Town had an appropriate amount of time to review all of the pertinent legislation regarding solar installations and review of the Town's ordinances. In the interim, Staff would be provided direction to work with the applicants to expedite the project applications. • Acting City Attorney John Bakker provided an overview of the legal discussion pertaining to the installation of solar systems. The Town has recently had discussions 10 City Council Regular Meeting Minutes May 28,2009 with applicants regarding the installation of proposed systems within setbacks. Bakker clarified that development within setbacks was prohibited under local laws (Town's • ordinances). Akeena Solar had indicated that they believed certain provisions of California law required the Town to issue the permits for solar installation administerially and without any discretion with the exception related to health and safety concerns. Bakker noted that there appeared to be conflict within the state statutes given that were other state statutes that allow for the adoption and enforcement of reasonable restrictions set by local laws. Mayor Mordo added for additional clarification that the Town's ordinances restrict building/development in setbacks and applications that request building within the setbacks required variances and additional planning fees. The proposal before Council would temporarily waive the associated fees for the process during the period of legal review of the statutes. It was noted that the Town had long been a proponent of solar systems and were the first of the local jurisdictions to waive fees for solar installations. OPENED PUBLIC COMMENT Angelena Lipanovich, General Counsel, Akeena Solar, addressed Council. She commented that she was certain that the California Solar Rights Act superseded the Town's ordinance regarding setbacks and height restrictions and noted that she believed that after the Town's review of the issue they would arrive at the same conclusion. • Lipanovich commented that she would be happy to work with the Town during the process. Lipanovich noted that the Town had denied two applications and one of their customers had cancelled their project due to the onerous restrictions. The applicants had been informed that the hearings would allow neighbors to comment on aesthetic concerns . regarding the projects. Additionally, Akeena had three projects that were on hold until the issues were resolved. She appreciated the Council's efforts to streamline the process but wanted them to be aware of the issues. Council asked for clarification on the denied applications and requested copies. Ralph Fallant, Akeena Solar, clarified that the projects had not been denied but Town staff had provided them with the setback and variance requirements and told them to return when the applications were completed. They had participated in a pre-conference for the variance application and were told that it would cost $7,000 and require a variety of hearings. Lipanovich noted that denial of the.permits for aesthetic reasons was in direct conflict with the Act. Council offered that the variance process allowed residents an opportunity to voice their concerns to Council. Council will review the statutes with their legal counsel and move forward as appropriate. During this time, the Town would waive fees for solar installations that required site development permits. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 11 City Council Regular Meeting Minutes May 28,2009 Councilmember Larsen reported that there was an area-wide CERT training for • emergency response scheduled for May 30, 2009 at Moffett Field. Mayor Mordo acknowledged that he had received correspondence from the City of Los Altos Mayor Megan Satterlee regarding the city's proposed new civic center. She had requested that the Town assess their residents' interest in participating in the financing of the project. Mordo requested that the item be scheduled for discussion at the next Council meeting. Councilmember Kerr reported that the Town's project to complete the improvements on El Monte had been added to the VTA's recommended list of projects. Councilmember Summit reported that she had attended the League of California Cities dinner and a meeting of the Santa Clara Valley Water District Lower Peninsula Flood Control Board. Grants for creek restoration were now available from the District. Summit advised Council that resident Susan Mandle would be applying for the citizen-at- large position on the Board. Councilmember Summit reported that the Open Space Committee would be bringing forward to Council several concerns regarding the Town's fence ordinance and the hazards to wildlife from ornamental fencing. STAFF REPORTS • City Manager City Attorney City Clerk No staff reports were given. COUNCIL INITIATED ITEMS No items had been scheduled ADJOURNMENT There being no further business, the meeting was adjourned by consensus of the City Council at 10:30 p.m. Respectfully submitted, � Karen Jost City Clerk • The minutes of the May 28, 2009regular City Council meeting were approved as presented at the June 11, 2009 regular City Council meeting. 12 City Council Regular Meeting Minutes May 28,2009