HomeMy WebLinkAbout09/10/2009 Town of Los Altos Hills
City Council Regular Meeting Minutes
September 10, 2009
Council Chambers, 26379 Fremont Road
CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Warshawsky called the City Council Regular Meeting to order at 6:30 p.m. in the
Council Chambers at Town Hall.
Present: Mayor Dean Warshawsky(left the meeting at 10:55 pm/did not-participate
in discussion or vote on Agenda Item #11, Mayor Pro Tem Breene Kerr,
Councilmember Jean Mordo, 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, Public Safety Officer Steven Garcia,
• City Attorney Steve Mattas, and City Clerk Karen Jost
Council adjourned to Closed Session at 6:35 p.m.
CLOSED SESSION
CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATOR(S)
(Pursuant to Government Code Section 54957.6)
Agency Designated Representative: Mayor/City Attorney
Unrepresented Employee: City Manager
CLOSED SESSION: EMPLOYEE EVALUATION
(Pursuant to Government Code Section 54957)
Title: City Attorney
PUBLIC SESSION
Council reconvened to Open Session at 7:05 p.m.
City Attorney Steve Mattas reported out of Closed Session: Direction was provided; no
final action was taken.
1
Approved City Council Regular Meeting Minutes
September 10,2009
APPOINTMENTS AND PRESENTATIONS
1. Appointments to Standing Committees:
Standing Water Conservation Committee
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to appoint applicant Kathleen Santoro to the Standing Water
Conservation Committee for a term of four years.
Standing Pathways Committee
MOTION SECONDED AND CARRIED: Moved by Summit, seconded by Larsen and
passed unanimously to appoint Susan Welch to a second four year term on the Standing
Pathways Committee.
Standing Environmental Initiatives Committee
MOTION SECONDED AND CARRIED: Moved by Summit, seconded by Larsen and
passed unanimously to appoint applicant Raj Reddy to a second four year term on the
Standing Environmental Initiatives Committee.
2. Consideration of Grant Funding Requests from Community Service Agencies
Mayor Warshawsky advised the audience that the Council had before them a complete
packet of applications from the community service agencies that were requesting grant
monies to support programs that benefit the residents of the Town. The agencies (in
alphabetical order) included: American Red Cross, Community Health Awareness
Council (CHAC), Community Hope & Sober Events (CHASE), Community School of
Music and Arts, Community Service Agency (CSA), Hidden Villa, Housing Trust of
Santa Clara County, Huntington's Disease Society of America,North California Chapter,
Joint Venture Silicon Valley, Los Altos Chamber of Commerce, Los Altos Legacies, Los
Altos Mediation Program, Los Altos Senior Center, Morgan Center, Mountain View Day
Workers Center, Next Door Solutions, Second Harvest Food Bank, Silicon Valley
Bicycle Coalition, Support Network for Battered Women and Children, Town Crier
Holiday Fund, United Way of Silicon Valley 2-1-1, and Wildlife Rescue (Peninsula
Humane Society& SPCA). Total amount of the requests was $90,013. It was noted that
$58,450 had been allocated for community grant funds in the approved budget for fiscal
year 2009-2010.
Council discussion ensued regarding the grant budget and award process. Mayor Pro Tem
Kerr suggested the Hidden Villa and the Housing Trust requests for funding be deferred
and considered separately at a future date. There was a consensus of the City Council to
defer the two grants (Hidden Villa and the Santa Clara County Housing Trust). Council
favored moving forward with the remainder of the requests commenting that the agencies
being reviewed provided an important safety net for those in need and special services to
the Town. Council consensus was to limit the total of the grant awards to the approved
budget allocation. Additionally, Council concurred on the weighted average formula for
awarding the amount of each award. Council suggested that the process be revisited prior
to the next grant period.
2
Approved City Council Regular Meeting Minutes
September 10,2009
Council briefly interviewed agency representatives when additional information was
requested.
Council had before them a ballot for distribution of the funds that included the list of
agencies, their funding requests and the grant amounts awarded in FY 2008-2009.
Ballots were collected by the City Clerk. The item was scheduled to return to the City
Council at their September 24, 2009 meeting for final award of grant funds. Staff was
directed to identify any amount voted for by a Councilmember over 100% of the request.
Mayor Warshawsky thanked the agency representatives for attending and for the services
they provide to Los Altos Hills residents.
CONSENT CALENDAR
Items Removed: Agenda Item#4 (Staff),Agenda Item#5 (Warshawsky)
MOTIONED SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to approve items on the consent calendar; specifically:
3. Approval of Meeting Minutes: City Council Regular Meeting—July 23, 2009
6. Notification of Fast Track Approval: Lands of Parivash; 12252 Menalto Drive
(File # 110-09-ZP-SD-GD): A request for a Site Development Permit for a 618
square foot addition and major remodel (Maximum Height 27'). CEQA
Review: Categorical Exemption per Section 15301(e) (Staff: D. Keyon)
Items Removed:
4. Review of Disbursements: July 1, 2009-July 31, 2009 $383,007.43
Finance Director Nick Pegueros advised Council that the amount for disbursements listed
on the staff report ($383,007.43) was for the total of the payments in excess of$10,000
and a subtotal of the listed checks in the report. Disbursements for the period totaled
$478,885.39.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
passed unanimously to accept the Disbursement Report.
5. Resolution Honoring Mary Davey(Committee for Green Foothills Recognition)
Resolution No. 49-09
Mayor Warshawsky explained that the resolution honoring Mary Davey would be
presented to her at the Committee for Green Foothills event that was being given in her
honor.
PRESENTATIONS FROM THE FLOOR
Kathy Evans, La Loma Drive, thanked the Council and staff for the recent improvements
to the Town's roads. She extended an invitation to Council and the audience to the
3
Approved City Council Regular Meeting Minutes
September 10,2009
Town's Annual Hoedown scheduled for September 12, 2009 at Westwind Community
Barn. The dinner portion of the event was sold out.
John Harpootlian, Standing Water Conservation Committee Chairman, reported on their
recent educational forum "Turf Talk". The response had been very positive with over
100 in attendance.
PUBLIC HEARINGS
7. LANDS OF JJP REALTY ENTERPRISES, LLC: (#60-09 ZP-SD-GD) 11481
Magdalena Avenue; Appeal of the Planning Commission's decision to approve a
Site Development Permit for a tennis court and a bunker garage, grading policy
exception and the removal of three (3) heritage oak trees. CEQA Review:
Categorical Exemption per Section 15303 (e) (Staff. D. Pedro)
➢ City Council Ex Parte Contacts Policy Disclosure
Mayor Warshawsky: Visited the site.
Mayor Pro Tem Kerr: Visited the site; telephone conversation with the Colets (neighbors,
Jessica Lane).
Councilmember Larsen: Visited the site; telephone conversation with the Colets.
Councilmember Mordo: _No report.
• Councilmember Summit: Visited the site; spoke with the ro'ect representative and the
p J
applicant; telephone conversation with the Colets.
Councilmember Summit reviewed her reasons for appealing the Planning Commission's
decision to approve the project. Summit noted the amount of grading that would be
required for the tennis court and bunker; size of the bunker; and the expressed concerns
of the neighbors for the project. Summit commented that she believed the issues she had
raised warranted a closer examination of the application.
Planning Director Debbie Pedro provided an overview of the application to Council. In
2000, the Planning Commission approved a new residence with a basement and tennis
court on the 6 acre site. The new residence has been under construction since 2000
however, the approval of the tennis court had expired. In March 2009, the property
owner submitted a new application for a tennis court with a bunker garage underneath in
the previously approved location. The bunker garage was not part of the original
application. The Planning Commission heard the application at their July, 2009 meeting
and continued the project, directing the applicant to relocate the tennis court and bunker
garage to address concerns expressed by the neighbors at the public hearing regarding
noise that would be generated by use of the tennis court. The applicant revised his plans
and the project was reviewed by the Planning Commission at their August, 2009 meeting
and approved by a 3-2 vote. The new plan with the relocated tennis court and garage
bunker required a greater amount of cut and fill; larger retaining walls; and, the removal
•
4
Approved City Council Regular Meeting Minutes
September 10,2009
of three heritage oak trees. Included in the Council packets were project plans for both
the original and revised projects.
Planning Director Pedro proceeded with a PowerPoint presentation. It included: a
vicinity map, original site plan; site plan for the August 2009 Planning Commission
approved tennis court location; schematic of the grading policy exception for both plans;
a section of the Planning Commission approved location (tennis court, bunker, existing
grade and tennis court fence); spreadsheet comparison of the grading policy exception
and grading quantity in cubic yards for the two tennis court options; results of a sound
study with the calculated tennis court noise levels at nearby residences; and a slide of the
original site plan with sound mitigation measures.
Pedro reviewed staff's recommendations with Council which included approval of the
tennis court and bunker garage in the original location with sound mitigation measures.
The staff recommended proposal would save the heritage oaks, required less grading and
offered some natural noise mitigation. The results of the sound study conducted by the
applicant's consultant showed that the noise decibels were equivalent at both sites. Pedro
noted that both options (tennis court locations) complied with the Town's setback, height
and MDA requirements.
City Attorney Steve Mattas reviewed the Council's options regarding the application.
They could uphold the Planning Commission's determination; or approve the staff's
recommendation; or approve a modification.
Pedro clarified that the bunker would be used as a garage. The applicant had requested a
• grading exception for the entrance to the bunker in the new/alternative location with an
increase in the cut and a grading exception for the tennis court. Council had within their
authority the option to deny the request for the grading exception.
OPENED PUBLIC HEARING
Patrick Whisler, Landscape Architect, applicant's representative, addressed Council. He
proceeded with a presentation that included a Google earth image of the property with
both tennis court locations shown. The slide showed the private tennis courts on nearby
residences. He explained the applicant's efforts to find an alternative site for the court at
the direction of the Planning Commission. The alternative site was approximately equal
distance from the surrounding properties and situated in the only other location on the
property that would accommodate the court. Whisler addressed the sound continuation
studies that had been conducted and the applicant's plans to mitigate the noise. The study
had shown very similar results for both locations.
Whisler reviewed the applicant's reasons for preferring the new/alternate location for the
tennis court and bunker. He noted that it would be less visible and present an opportunity
for supplementary landscaping. Additionally, approximately one quarter of the excavated
soil could be used on the site.
i
5
Approved City Council Regular Meeting Minutes
September 10,2009
III
Whisler shared several slides with Council of the conceptual plans for landscaping, and
the retaining walls with planters for the alternative site and color renderings of the
• original plan.
Ken Greer, Magdalena Road, immediate neighbor of the project, expressed his support
for the new/alternative plan. Geer had voiced his concerns at the Planning Commission
hearing that the tennis court in the original location was very close to his property and the
Commission had directed the applicant to look for an alternative site. He suggested that
the new location was a good compromise for the neighbors and believed the sound
mitigation proposals were equal for both sites.
Jim Crowther, Magdalena Court, neighbor of the project, commented on his previous
experience of living close to a tennis facility in Tiburon and the noise issues they had to
deal with on the weekends. He referenced the soils report that had been conducted for the
original project that found the soil was adequate for the building but without further
study, it was possible that with a significant earthquake, the land towards the Greer
property would be lost. Crowther suggested that an additional geotechnical study be
conducted to ensure that a tennis court with the proposed bunker would be safe. He
supported the new/alternative site for the court.
Ralph Colet, Jessica Lane, immediate neighbor to the tennis court as sited in the
new/alternative location, addressed Council. He appreciated the concerns that had been
voiced by his neighbors. However, he believed the revised location had a greater impact
on his property and noted that the tennis court would be by his master bedroom window.
Colet added that the project had been ongoing for ten years and they've had to endure
iconstruction noise during that lengthy time period and now they would be impacted by
the noise from the tennis court and bunker.
Randy Waldeck, sound consultant for the applicant, advised Council that he was available
to answer their questions.
CLOSED PUBLIC HEARING
Council Discussion:
Councilmember Larsen requested clarification on the speakers comments regarding the
stabilization of the soil. Planning Director Pedro advised the Council that the soils report
had been reviewed by the Town's Geotechnical Consultant and both locations (tennis
court sites) had been recommended for approval.
Councilmember Summit reviewed her reasons for appealing the Planning Commission's
determination. The original approval (2000) had been for a tennis court only and there
were no objections from the neighbors at that time. She could support approval of the
tennis court only (without the bunker) in its original location but was opposed to the
request for the grading exception to accommodate the bunker. Summit noted that the size
of the bunker was exceptional and the retaining walls that would be needed for the tennis
court at the revised location could prove to be problematic and possibly hazardous to
wildlife and humans.
•
6
Approved City Council Regular Meeting Minutes
September 10,2009
Councilmember Mordo concurred with the comments of Summit. He supported approval
of the tennis court in the originally approved site as recommended by staff. Mordo noted
• that this proposal would require less cut and would have similar sound/noise effects with
the proposed sound mitigations. He supported denial of the bunker/garage.
Mayor Pro Tem Kerr concurred and added that the original location had a natural sound
mitigating factor by being located near the berm. He supported approval of the original
(2000) application and denial of the bunker/garage. Kerr offered that the project had been
under construction for approximately ten years and this version of the proposed
application could be completed in a shorter time frame and would not necessitate the
removal of the heritage oak trees.
Councilmember Larsen supported the original location and concurred with
Councilmember Kerr's assessment of the advantageous positioning of the court b the
� r � y
berm. He was not opposed to the bunker/garage for housing the owners' cars but
questioned if the bunker would be a factor in increasing the noise level. Waldeck(Sound
Engineer) responded that it would not.
Mayor Warshawsky commented that he was leaning towards supporting the Planning
Commission's approval. He noted the Commission's careful evaluation of the project,
comments from the neighbors and the applicants' preference for the alternative location
as his reasons for considering approval of the new/alternative location.
City Attorney Steve Mattas advised Council that staff would like time to modify the
documents for the record with respect to the conditions of approval.
• COUNCIL RECESSED: 9:30 P.M.
COUNCIL RECONVENED TO OPEN SESSION: 9:36 P.M.
City Attorney Steve Mattas reviewed the motion components with the City Council that
had been drafted per the comments of the City Council during their discussion of the
item.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
passed by a 4-1 voice vote (Warshawsky-No) to:
1) Deny the grading exception for the tennis court at the alternate location pursuant to the
findings set forth in the City Council packet staff report(page 5 of 11) of the report to the
Planning Commission dated August 6, 2009; and
2) Deny the grading exception for the tennis court in the original location pursuant to the
following findings:
a) The proposed grading is not consistent with Section 10.2-702c of the Los
Altos Hills Municipal Code in that the amount of grading necessary to achieve the height
of the proposed structure and retaining walls is considered excessive pursuant to the
Town's grading policy.
• b) The Town has not previously granted a grading exception for a bunker
structure of the size proposed by the applicant.
7
Approved City Council Regular Meeting Minutes
September 10,2009
3) Approve the original location for the tennis court situated west of the residence,
subject to the Conditions of Approval in Attachment 1 of the staff report to the City
Council dated September 10, 2009 with the following additional condition:
a) The property owner shall construct a 6' solid fence along the west property
line and a 5' solid fence along the south end of the tennis court.
8. LANDS OF EPISCOPAL LAYMENS GROUP OF LOS ALTOS, (APPLICANT;
T-MOBILE WIRELESS); (#98-09CUP) 26410 Duval Way; A request for a
Conditional Use Permit renewal for an existing/previously approved wireless
communications. The facility consists of a ground equipment cabinet and three
antennas inside of the St. Lukes church steeple. A new wood fence is proposed to
enclose the existing ground equipment cabinet. CEQA Review: Categorical
Exemption per Section 15301 (a) (Staff: D. Pedro)
Planning Director Debbie Pedro.introduced the item to Council. At their. August, 2009
meeting, the Planning Commission had unanimously voted to recommend extending the
Conditional Use Permit for T-Mobile's wireless communications facility located inside
the St. Lukes' Chapel church steeple. The applicant was not requesting any modification
to the site with the exception of a new 6'fence to mitigate the visual impacts from offsite.
Pedro proceeded with a PowerPoint presentation that included photos of the existing
ground equipment, elevation, and a site plan.
OPENED PUBLIC HEARING
• Tony Vim, representative for T-Mobile addressed Council. He thanked them for
consideration of their project and advised that he was available to answer questions.
Councilmember Larsen questioned the applicant regarding their plans to increase their
cell coverage in Los Altos Hills. Vim responded that the company had a 5 year plan and
were committed to extending coverage in Town.
CLOSED PUBLIC HEARING
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Kerr and
passed unanimously to approve the request for a Conditional Use Permit renewal subject
to the Conditions of Approval in Attachment 1 of the staff report.
9. LANDS OF HOUSTON AND HENSLEY; (4216-09-IS-TM-ND-GD), 27575
Purissima Road; Consideration of a Mitigated Negative Declaration and Tentative
Map for a Three-Lot Subdivision. The property is zoned R-A (Residential-
Agricultural) (Staff. D. Pedro)
Planning Director Debbie Pedro introduced the item to Council. Council had before them
a request for a three lot subdivision. The subject site was 3.29 acres and located at the
end of Samuel Lane. The applicant proposed to divide the property into three lots all with
• net acre values over 1.0 acre. The Planning Commission had reviewed the proposed
8
Approved City Council Regular Meeting Minutes
September 10,2009
subdivision at their August 6, 2009 meeting and determined that the project was
consistent with the Town's General Plan and the Subdivision Ordinance.
iPedro proceeded with a PowerPoint presentation that included: a vicinity map of the
project site and surrounding properties; a tentative map with the three parcels and Open
Space easement shown along Deer Creek and the southwest portion of the property; and,
the driveway configurations.
Pedro reviewed the applicant's proposed 25' wide ingress/egress corridor with a 14' wide
shared driveway to Parcels 2 and 3. She explained that Town policy normally required
35'plus for a shared driveway, however, given the constraints of the project site with the
proposed Open Space easement, a strict application of the policy would result in a design
that did not comply with the Town's ordinance in terms of lot size. The revised design
had been reviewed by the City Engineer and considered acceptable. Pedro noted that the
driveway plan would reduce the amount of required paving and had been supported by
the Planning Commission.
Pedro reviewed the Planning Commission's recommended change to the subdivisions
Conditions of Approval. The configuration of Parcel 1 had been designed to preserve the
existing residence and would accommodate the fire engine turnaround. The eaves on the
existing house would encroach into the setback and the Planning Commission was
recommending that they be allowed to remain. Pedro explained that if the Tentative Map
were to be approved by Council, the applicant would be required to destruct the existing
detached garage and lean-to structure.
• OPENED PUBLIC HEARING
Terry Szewczky, Civil Engineer, applicant's representative, addressed Council. He
offered that the project had been through several refinements during the review process.
He thanked the staff for their assistance in resolving the issues that had culminated in the
project before Council. He spoke to the benefits of the proposed single driveway that
would require less paving and land.
CLOSED PUBLIC HEARING
Council Discussion:
Council briefly discussed the current pathway along the property. Planning Director Pedro
noted that the Pathway Committee's recommendation for the subdivision was for the
restoration of the IIB Pathway along Purissima Road(at Deer Creek).
There was a consensus of the Council to approve the single driveway configuration and
Planning Commission's recommended modification to the Conditions of Approval
allowing the eaves to remain in the setback.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Kerr and
passed unanimously to adopt the Mitigated Negative Declaration and Mitigation
Monitoring Program and approve the Tentative Map as recommended by the Planning
9
Approved City Council Regular Meeting Minutes
September 10,2009
Commission subject to the findings in Attachment #2 and Conditions of Approval in
Attachment#1 of the staff report to the City Council dated September 10, 2009.
• UNFINISHED BUSINESS
10. Town Goal
• Discussion of Potential Annexation of Hidden Villa
Mayor Warshawsky reported that the discussions.with Hidden Villa had been moving
forward. The Mayor and Planning Director were scheduled to meet with the Board of
Directors at their September 24, 2009 meeting. Planning Director Pedro noted that staff
was currently working on a draft overlay zoning district in the event that Hidden Villa
had interest in proceeding with the investigation of the annexation.
11. Verbal Update on the Westwind Barn Seismic Retrofit and Repair Project(Staff: R.
Chiu)
• Discussion of Request for Leed Certification and Energy Efficiency
Improvements for Westwind Barn(Mayor Pro Tem Kerr)
• Request for Budget for Proposed Leed Certification and Energy Efficiency
Improvements for Westwind Barn(Staff. C. Cahill)
Agenda Item#11 was reordered with the concurrence of the City Council to be heard at the
conclusion of the meeting.
• Due to a potential conflict of interest, Mayor Warshawsky recused himself from
discussion of the item and stepped down from the dais.
Mayor Pro Tem Kerr introduced the item to Council. He briefly summarized the Town's
efforts during the last few years with respect to Westwind Community Barn (WCB).
Kerr noted that the political issues had been resolved amenably and the Town had
brought the operation of the facility in house. After the initial few months of managing
the Barn, policies had been determined regarding staffing, boarding and general
operations. In July, 2009, the Council had awarded the contract for the Westwind Barn
Seismic Retrofit and Repair Project. Kerr described the program as a "bare bones risk
management"project.
During the month of August, the construction work began at the facility and has been
progressing on schedule. Kerr noted that during the interim between scheduled Council
meetings; he had completed an intensive analysis of the scope of the project and a closer
review of all aspects of operation of the Barn. After his review, he was recommending
that Council process as a approve the LEED certification p g g management tool during this
phase of the project and during the next eighteen months. Kerr explained that the process
could be monitored by Planning Director Debbie Pedro. Pedro has received her LEED
Accreditation. Kerr reiterated that the certification program was an excellent management
technique for organizing and categorizing aspects of the project and could eventually
result in the Barn being a sustainable building.
10
Approved City Council Regular Meeting Minutes
September 10,2009
Staff distributed a spreadsheet that included a LEED checklist, requirements and
associated costs. Highlighted were several items that Kerr recommended be approved
and included in the current construction project. The items were focused primarily on the
reduction of water usage and energy efficient at the Barn. Kerr offered that the
• g gY Y
remainder of the items could be addressed within the next eighteen months.
Council Discussion:
Council discussion ensued. They reviewed the spreadsheet that had been distributed by
staff. Council questioned the anticipated associated costs to the Town for following the
program. Kerr explained that the highlighted projects that he had recommended would be
completed over the next 6 months at a cost of $44,220. He noted that he was seeking
grant funding from the Packard Foundation for the intangible costs of LEED certification.
Councilmember Mordo commented that he was not necessarily interested in the Barn
being LEED certified but he would consider the programs (items) that were cost effective
and had a payback. Kerr responded that if all of the items were completed over the next
eighteen months, the Town could realize a $5,000 reduction in operating costs and it
would be the right thing to do for the environment. Kerr advised that the facility was
currently using approximately 750,000 gallons of water from the Hetch-Hetchy every year
and additional water for non-potable use from the well on site.
Councilmember Summit questioned if the additional items would cause any delays to the
project. City Engineer Chiu did not believe that moving forward with the highlighted
items that included certain plumbing and energy efficiency projects would cause any
delays.
• Council discussed the funding options for the recommended items. They questioned the
use of the approved contingency fund. City Manager Cahill commented that there were
still certain unknowns with the project, specifically the foundation and pier work. He did
not recommend compromising the contingency fund. If money were left in the
contingency fund at the conclusion of the project, it could be used towards the costs of the
additional items.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
passed unanimously to approve the recommended (highlighted) items on the Westwind
Barn LEED spreadsheet identified to be done with the current construction(6 months) for
an amount not to exceed$44,220.
Council authorized Planning Director Debbie Pedro's continued involvement with the
WCB project and the use of the LEED certification protocols.
12. Consideration of Award of Contract for Altamont Road Retaining Wall and Road
Widening Project—(Staff: R. Chiu)
City Engineer Richard Chiu introduced the item to the City Council. In response to
concerns regarding bicycle involved accidents near the guard rail on Altamont Road by
the Lands of Seton, the Town, at the direction of the City Council had engaged the
• services of a transportation consultant to study the section of the road. The
11
Approved City Council Regular Meeting Minutes
September 10,2009
recommendations identified in the study included improved road markings, modification
of street striping, additional signage and the installation of delineators to create a
• narrowing effect on the curve. Chiu shared a slide of the improvements and noted that
most of the recommendations had been implemented by either Town staff or contractors.
Chiu explained that the study's final recommendation was an improvement option to
construct a retaining wall and widen the road. The Town had received two proposals for
the work. Staff was recommending approval of the contract with O'Grady Paving (low
bidder) for an amount not-to-exceed $68,000.
Council Discussion:
Councilmember Larsen requested clarification from the City Attorney on the Town's
liability if no action were to be taken. City Attorney Mattas explained that if there were
to be a subsequent accident at the site, it was conceivable that the issue could be raised
that the Town had been put on notice of an allegedly dangerous condition.
Mayor Warshawsky noted that in conversations he has had with County Fire personnel,
the one safety issue that they would like to see resolved by the Town, was the identified
section of Altamont Road.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and
passed unanimously to approve the staff recommendation and authorize the City Manager
to execute a contract with O'Grady Paving, Inc. in an amount not-to-exceed $68,000 to
construct certain bicycle safety improvements on Altamont Road near Altamont Road
including roadway widening and a retaining wall. Resolution No. 50-09.
• NEW BUSINESS
13. Consideration of Neighborhood Network Program and Funding Request
(Staff: S. Garcia)
Agenda Item #13 was reordered with the concurrence of the City Council to be heard
prior to Agenda Item#12.
Public Safety Officer Steve Garcia introduced the item to Council. Council had before
them a request by the Community Relations Committee to re-establish the Neighborhood
Network Program that had been first initiated in the late `80's. The primary focus of the
previous Network was to facilitate communications during a disaster. At that time, the
Town was divided into 35 neighborhoods and Town Hall. Garcia noted that interest in
the program declined over the years but has been revitalized with the Network's
neighborhood map being used by the Town and Los Altos Hills County Fire District for
the Community Emergency Response Team (CERT) training. Garcia shared a copy of the
map with Council. A digital map and an Excel database listing all addresses located
within the 35 groups has been developed by the Town's engineering department. Garcia
clarified that the database would be maintained in the Town's EOC for training and
CERT related purposes.
•
12
Approved City Council Regular Meeting Minutes
September 10,2009
Garcia reported that the Standing Community Relations Committee have proposed re-
establishing the Neighborhood Network Program under the direction of member Joan
Sherlock. Staff was recommending approval of their request and funding for the program
that would promote resident personal emergency preparedness (PEP), CERT training and
neighborhood networking.
Community Relations Committee member Joan Sherlock addressed Council. She
thanked the Council for the opportunity to present the program proposal. Sherlock
reviewed the components of the proposal and the committee's funding request. Funding
of$5,331 would cover the costs for mailings, website announcement and neighborhood
event invitations. Council had before them in their packet draft copies of the mailers.
Council congratulated Sherlock for initiating a program that could potentially be very
beneficial to the Town and residents. Councilmember Summit suggested that options for
event locations be investigated for the very large neighborhoods. Town Hall was one
possible.venue. Mayor Warshawsky suggested that the program be revisited in one year to
review the program's progressibenchmarks. Public Safety Officer Garcia suggested that
the Town could consider measuring the success of the program by the number of
residents that were PEP and CERT trained during the program's initial year.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Mordo and
passed unanimously to approve the staff recommendations and funding request.
14. Encroachment Permit for Sewer Mainline Extension Project Proposed for a Sewer
Reimbursement Agreement; (Staff: R. Chiu)
• City Engineer Richard Chiu introduced the item to Council. Council had before them a
request to consider approval of the Natoma Road Sanitary Sewer Improvement Project.
Council's approval was a requirement for the issuance of the encroachment permit.
Chiu provided an overview of the project. The sanitary sewer construction would consist
of approximately 5,000 linear feet of 8-inch sewer main, 26 manholes, and 28 4-inch
laterals. The cost of the construction was estimated at $1,092,303. The construction was
tentatively scheduled to begin in October, 2009. Upon completion of the project, the
property owner, Kumar Malavalli, was requesting to enter into a sewer reimbursement
agreement with the Town, in accordance with the Municipal Code. A list of future users
was included in the Council's packet. Chiu displayed a map of the area that would be
subject to the future sewer reimbursement agreement.
Council discussion ensued. Councilmember Larsen advised Council that the Ad Hoc
Committee on Infrastructure was scheduled to make their recommendations to the City
Council at the September 24, 2009 meeting. Their report would focus on incentives for
developers and property owners to connect to sewer. He wanted assurance that the action
taken by Council tonight would not preclude the developer or future users from
participating in the incentives. City Engineer Chiu explained that the Sewer
Reimbursement Agreement would return to Council upon completion of the project and
before Council was the approval of the project and approval of the list of future users.
•
13
Approved City Council Regular Meeting Minutes
September 10,2009
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Mordo and
passed unanimously to approve the Natoma Road Sanitary Sewer Improvement Project
• and the proposed future users list included in the staff report before Council.
PLANNING DIRECTOR/PLANNING COMMISSION REPORT
15. Verbal Update from the Planning Director on Permit Status for Tesla Facility to be
located at the Stanford Industrial Park(Staff: D. Pedro)
Mayor Warshawsky introduced the item to Council and explained his reasons for
requesting the status report on the Tesla Facility from the Planning Director. He
suggested that it was important for the Council to be kept abreast of the activities in this
corridor in order to share the information with concerned Town residents.
Planning Director Pedro reported that she had contacted Palo Alto planning staff and been
advised that Tesla, to date, had not submitted any specific development proposals.
Because the facility,had been previously occupied for a similar use, a permit was not
required for tenant improvements. However, any modification or additions would be
subject to a discretionary permit.
Pedro had advised Palo Alto of a Los Altos Hills resident's concern about noise from
trucks servicing the facility and they would address the issue.
Council discussed different options for keeping the residents residing in the Arastradero
corridor informed. Mayor Warshawsky reiterated that he believed it was critical to keep
• them abreast of the status of the facility. Council suggested that it would be appropriate
to initiate an outreach to the President of Tesla and extend an invitation to the company to
participate in a Q&A session at Town Hall. Staff would investigate initial contact
information for the company.
REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
Councilmember Summit reported that she had attended the Standing Education
Committee's meeting. The Committee was currently reviewing school enrollment
statistics. Summit also attended a Santa Clara Valley Water District Lower Peninsula
Flood Control Board meeting. They had toured several projects and she believed the
projects' designs might be amenable solutions for upgrading the Byrne Preserve and
O'Keefe creeks. She would be investigating possible grant funds for the projects.
Mayor Pro Tem Kerr advised Council of the `Green Town Los Altos" event scheduled for
September 19, 2009. He noted that the nonprofit was expanding the scope of their
projects and some could potentially be suited for Los Altos Hills. Additionally, Kerr
reported that he had attended two Purissima Hills Water District Board meetings. PHWD
had agreed to test the well at the Barn free of charge. Kerr noted that the Town was
investigating rebate opportunities for water saving programs at Westwind Community
Barn.
14
Approved City Council Regular Meeting Minutes
September 10,2009
Councilmember Larsen reported that he had attended the Emergency Communications
Committee meeting. The Committee was currently formatting a map overlay that would
reflect the specific radio channels that function in different areas of Town. Larsen
reminded the Council .that the Environmental Initiatives Committee (EIC) had a
scheduled educational forum on solar systems on Wednesday, September 16, 2009 at
Town Hall. Larsen advised the Council, that the Ad Hoc Infrastructure Committee was
scheduled to make their recommendations to them at their September 24, 2009 meeting.
Mayor Warshawsky reported that he had attended the recent Standing Education
Committee meeting. Bart Carey had been appointed the new Committee Chair. The
Committee had discussed the EIC's proposed plan for school bus service. The Committee
requested more specifics on the proposal before further investigation.
STAFF REPORTS
City Manager
City Attorney
City Clerk
No reports were given.
COUNCIL INITIATIED ITEMS
No items had been scheduled.
• ADJOURNMENT
There being no further business, the meeting was adjourned by consensus of the City
Council at 11:40 p.m.
Respectfully submitted,
Karen Jost
City Clerk
The minutes were approved as presented at the September 24, 2009 regular City Council
meeting.
15
Approved City Council Regular Meeting Minutes
September 10,2009