HomeMy WebLinkAbout12/10/2009 •
Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, December 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 7:00 p.m. in the
Council Chambers at Town Hall.
Present: Mayor Dean Warshawsky, Mayor Pro Tem Breene Kerr, Councilmember
Rich Larsen (joined meeting at 7:05 p.m. participated in consideration of
all agenda items), Councilmember Jean Mordo and Councilmember
Ginger Summit
Absent: None
Staff: City Manager Carl Cahill, Planning Director Debbie Pedro, City
Engineer/Public Works Director Richard Chiu, Finance Director Nick
. Pegueros, Public Safety Officer Steve Garcia, City Attorney Steve Mattas,
and City Clerk Karen Jost
MOTION SECONDED AND CARRIED: Moved by Summit, seconded by Larsen and
passed unanimously to reorder the agenda and consider Agenda Item#14 as the first order
of business.
Mayor Warshawsky explained that Standing Committee Chair Bart Carey had requested
Council consideration of a modification to the Town's Standing Committee Resolution to
increase the membership of the Education Committee from ten to eleven members. It
was noted that the applications before Council as Agenda Item 41 were from candidates
that resided in the Palo Alto Unified School District with children attending Gardner
Bullis Elementary School. If appointed, their membership would provide a balance of
representation on the committee of school districts and schools serving the Town.
MOTION SECONDED AND CARRIED: Moved by Summit, seconded by Larsen and
passed unanimously to increase the membership of the Standing Education Committee to
eleven members. Resolution No. 68-09
APPOINTMENTS AND PRESENTATIONS
1. Appointment to Standing Committees:
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December 10,2009
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Standing Education Committee:
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Summit and
• passed unanimously to appoint Jennifer Carlstrom to the Standing Education Committee
for a term of four years.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Summit and
passed unanimously to appoint Christine Murad to the Standing Education Committee for
a term of four years.
Standing Emergency Communications Committee:
Council had before them a request for re-appointment to the Emergency Communications
Committee. Member Tierney Smith had completed his term and had confirmed to the
City Clerk via email correspondence his interest in re-appointment to the Committee.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and
passed unanimously to appoint Tierney Smith to the Standing Emergency
Communications Committee for a term of four years.
Standing Water Conservation Committee:
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to appoint Kit Gordon to the Standing Water Conservation
Committee for a term of four years.
CONSENT CALENDAR
• Items Removed: #4 (Mayor Pro Tem Kerr)#7 (Councilmember Larsen)
MOTIONED SECONDED AND CARRIED: Moved by Summit, seconded by Larsen
and passed unanimously to approve the remainder of the consent calendar, specifically:
2. Approval of Meeting Minutes: City Council Regular Meeting—October 22, 2009
City Council Regular Meeting—November 12, 2009
3. Review of Disbursements: 10/1/09— 10/31/09 $1,366,483.39
5. Approval of the 2009 Pavement Rehabilitation Project. Resolution No. 65-09
(Staff. R. Chiu)
6. Notification of Fast Track Approval: Lands of Avery; 27071 Dezahara Way: (File
#136-09-ZP-SD-GD) A Request for a Site Development Permit for a 6,718 square
foot new residence with a 663 square foot basement (Maximum height: 27) and the
removal of one (1) 13" heritage oak tree. CEQA Review: Categorical Exemption
per Section 15303 (Staff. C. Richardson)
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December 10,2009
Items Removed:
. 4. Approval of Final Parcel Map, Acceptance of all Easements Offered for Dedication,
and Acceptance of all Abandonments Shown on Parcel Map for Lot Line
Adjustment: Lands of Evershine, 13310 La Paloma Road.
(Staff: R. Chiu)
Mayor Pro Tem Kerr requested additional information on the item. He questioned if a
pathway had been considered as a condition of approval. City Engineer Chiu clarified
that the item before Council was a Lot Line Adjustment that had been approved by the
Planning Director at a Fast Track Hearing. The Parcel Map did offer conservation
easements and public utility easements that would be accepted by the Town via the
resolution included in the staff report.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Mordo and
passed unanimously to approve the Lot Line Adjustment and accept all easements offered
for dedication and all abandonments as shown on the parcel map; Lands of Evershine.
Resolution#66-09
7. Affirmation of Nomination of Councilmember Rich Larsen to stand for membership
on the Santa Clara County Valley Transportation Authority (VTA) Board of
Directors
Councilmember Larsen explained that the item before Council would formalize his
• nomination by the City Council as a candidate to serve as a representative of the North
County Cities on the VTA Board of Directors. He noted that the election was scheduled
for the next day, December 11, 2009.
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Summit and
passed unanimously to affirm the nomination of Councilmember Rich Larsen to stand for
membership on the Santa Clara County Valley Transportation Authority (VTA) Board of
Directors.
PRESENTATIONS FROM THE FLOOR
Nick Dunckel, resident, noted that he was impressed by the Town's efforts to embrace the
concept of"green standards and policies." He questioned if the use of lights during the
evening hours was necessary at Westwind Barn. He suggested that there were inexpensive
alternative options that should be considered during the renovation project.
Mayor Pro Tem Kerr thanked Dunckel for the suggestion and noted that the issue would
reviewed.
PUBLIC HEARINGS
8. Consideration of Award of Contract for Design and Installation of Photovoltaic
• System at Westwind Community Barn, 27210 Altamont Road. (Staff: R. Chiu)
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December 10,2009
City Engineer/Public Works Director Richard Chiu introduced the item to Council. Chiu
provided an overview of the photovoltaic system and solar components for the Westwind
Barn project. In an effort to achieve "Net-Zero" at the facility, staff had utilized the
evaluative bid process authorized in the Government Code to request a proposal from a
qualified firm. The proposal before Council to design and install the PV system had been
submitted by Cobalt Power Systems, Inc.
Chiu reviewed a spreadsheet with Council that summarized the costs of the energy
improvements for the Barn. It was noted that no additional funds were being requested
for the project. The project's cost would be offset by an allocation of a percentage of the
Sheriffs substation funding, approximately 0.7% of the $1.3 million total cost of the
project ($9,000 would be funded from the COPS fund). Additionally, Staff was
recommending the use of a CEC low interest loan that had been previously approved by
the City Council. At this time, staff requested that the loan be modified from 1% to 3%
interest given the stringent reporting requirements of the lower percentage loan that could
have the potential for time delays to the project. The Town's loan application had been
approved by the CEC.
Council had before them on the dais a revised resolution awarding the contract for design
and installation of the photovoltaic system at Westwind Community Barn.
Councilmember Larsen offered that he was pleased that efforts had been made by staff to
stay within the previously approved budget for the project. City Manager Cahill noted
that the project budget was very tight and any additional requests for enhancements would
• most likely increase the project costs. Staff would return to Council for consideration of
any new project components.
OPENED PUBLIC HEARING
Nick Dunckel, resident, questioned the need for a solar hot water system at the Barn. He
noted that generally, the proposed systems were not as financially rewarding as a solar
system.
Mayor Pro Tem Kerr explained that over fifty percent of the energy costs at the Barn were
related to heating water. The proposal before Council was for a total "redo" of the water
system at the facility. The outside washing area would remain a cold water only washing
station.
CLOSED PUBLIC HEARING
Council discussion ensued. There was a consensus to move forward with the solar
photovoltaic system. Council questioned the correspondence from the Packard
Foundation regarding a grant of$15,000 to the Town. It was clarified that the funds were
to be applied to soft costs associated with LEED certification of the Barn.
Councilmember Larsen reiterated his stance that it was important for the project to remain
on budget.
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December 10,2009
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Mordo and
passed unanimously to approve the revised resolution awarding a contract to Cobalt
Power Systems, Inc. for the design and installation of a photovoltaic system at Westwind
Community Barn. Resolution No. 67-09
9. Appeal of the Public Safety Officer's Decision to Not Issue a Dangerous Animal
Permit to Ms. Barbara Bonar, 26310 Esperanza Drive
Public Safety Officer Steve Garcia introduced the item to Council. He provided an
overview of his staff report. On September 6, 2009, resident Kevin Wheaton was
confronted by two dogs while walking on Esperanza Drive. One of the dogs, a German
shepherd owned by Barbara Boner, bit Mr. Wheaton on the left elbow. His dog-bite
injury required immediate medical attention.
Pursuant to the Town's Municipal Code, the dog was confined at the Palo Alto Animal
Services facility on October 6, 2009. A dangerous animal hearing was held on October 8,
2009 with Code Enforcement Officer Bob Cushing serving as the designated Hearing
Officer. He heard testimony from the dog-bite victim, dog owner and members of the
public. Cushing also reviewed photos, the Sheriffs incident report and other relevant
documents.
Code Enforcement Officer Cushing issued a written determination letter on October 15,
2009 stating that the German shepherd was a"Dangerous Animal". He recommended that
the City Manager grant a permit for possessing a dangerous animal to the owner Barbara
Bonar.
Subsequent to a review of the Town's Municipal Code Section 6-1.603(g), Public Safety
Officer Garcia as the City Manager's designee determined that the Town would not issue
a dangerous animal permit which would have allowed the dog Prince (German shepherd)
to return to Los Altos Hills. Garcia reviewed the three options per the Code that were
available to him once the animal had been classified as a dangerous animal. They were: 1)
revoke the dog's license and order its removal from Town within 24 hours: 2) order the
dog's destruction; or 3) grant a permit for possessing a dangerous animal. Garcia noted
that the dog was not currently in Los Altos Hills. The dog was allowed to be released to
the owner's daughter who resided in another community after Palo Alto Animal Services
had determined that the dog's health was a concern during his confinement at the shelter.
The owner had signed an agreement that the dog would not return to Los Altos Hills
Garcia reviewed the process that he had followed in reaching his determination. He had
discussions with the City Manager; Superintendent Sandy Sadler of Palo Alto Animal
Services; and had carefully reviewed the Sheriff's incident report and testimony from the
hearing. Garcia noted that the facts in the Sheriff's report were a key factor in his
decision. Garcia provided a summary of the incident noting that the homeowner/dog
owner did not assist Mr. Wheaton or make a call to 911 and left the scene. Ms. Bonar had
offered that she was too afraid to investigate why there was a man yelling in front of her
house and was unaware of the incident. She believed the man was gone when she loaded
her dogs into her car and drove away.
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The owner was notified via a Notice of Determination dated October 29, 2009 that the
Town would not issue a dangerous animal permit. The dog owner did not appeal the
• dangerous dog determination. However, pursuant to Municipal Code Section 1-4.01, the
dog owner had appealed the Town's decision to not issue a dangerous animal permit.
City Council Questions:
Councilmember Larsen inquired if there were any restrictions on where the dog could
reside. Garcia noted that he could live anywhere but in Los Altos Hills. It was noted that
this was the first dog bite incident on record for the dog.
Mayor Pro Tem o Kerr read into the record
an email that Council had received from former
Los Altos Hills Mayor Craig Jones. Jones is a neighbor of the dog owner and expressed
his concern as a father for the safety of his children and voiced his support for the City
Council upholding the determination of the Public Safety Officer. Jones noted that he
was a dog owner himself but that a dog that had a proven history of biting people was a
danger to the neighborhood.
OPENED PUBLIC HEARING
Appellant Testimony:
Dan Dean, Counsel for dog owner Barbara Bonar, addressed the City Council. He noted
that his client was very sorry that her dog had bitten Mr. Wheaton. She fully accepted the
ruling of Code Enforcement Officer Cushing that had deemed her dog a "Dangerous
Animal". Dean referenced Cushing's recommendation that Ms. Bonar be allowed to keep
• the dog in Los Altos Hills with a permit. Dean explained that his client's appeal was not
of the "Dangerous Animal" designation but of the Town's decision to not issue her a
permit.
Dean offered there were two points that he wished to discuss with Council. The first issue
was a procedural question. He explained that they had been told that Mr. Garcia would be
interviewing his client during the determination process; however, no interview had been
conducted to see if she was someone that could keep her dog safely contained and meet
the conditions of the permit. He noted that Ms. Bonar was willing to meet all of the
conditions as outlined in the staff report. Dean questioned how the application for the
permit was being denied when no application had been made.
Second, Dean stated his preference that his client be issued a dangerous dog permit. Dean
offered that Code Enforcement Officer Robert Cushing had presided over the hearing and
determined that the dangerous dog permit was an appropriate resolution. Dean testified
that his client was a responsible dog owner and understood the ramifications of the
permit.
In conclusion, Dean expressed his opinion that Ms. Bonar had been denied procedural
due process and should be allowed the permit or he suggested that the rule, going
forward, should be amended to require the removal of a dog from Town after a biting
incident.
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December 10,2009
City Attorney Steve Mattas reviewed with Council the options provided by the Town's
Municipal Code once a dog has been identified as dangerous. They included: the
• destruction of the dog; the granting of a permit to allow the dog to continue residing in
Town; or the revocation of the dog's license and order that the dog be removed from
Town. The item before Council was an appeal of the Public Safety Officer's decision to
revoke the dog's license and order it removed from the jurisdiction. Mattas noted that
staff was of the opinion appropriate due process had been provided to Ms. Bonar.
Kevin Wheaton, resident, victim of dog bite, commented that he believed the process that
had been followed was fair. There had been a public hearing and the dog had been
identified as a dangerous animal. He noted that he was viciously attacked by the dog
while walking in the street. Wheaton commented that there was no useful purpose to
having a dangerousdo reside in Los Altos Hills.
g
Charlie Simmons, resident, referenced a recent incident involving Ms. Bonar's other dog
getting loose from her property and entering their yard. He suggested this was a
reflection on her inability to contain her animals and evidence that she was not a
responsible dog owner given the timing of the incident after the dog bite.
Ms. Bonar's daughter addressed Council. She explained that she was the owner of the
dog Mr. Simmons was referencing and took responsibility for its actions. She noted that
her mother had taken very good care of her other dog and kept it in her yard and under
control since the incident.
• George Maciag, resident, encouraged the City Council to uphold the decision of the
Public Safety Officer. He referenced a recent article in the Los Altos Town Crier
regarding Police Dogs that had purported that the dogs were friendly but could be very
dangerous when not under control. Maciag spoke to his personal experience training
German shepherd dogs and noted that they, could be very protective of their property.
Many years ago his son had been bitten by another dog owned by the Bonars whilw he
was riding his bike.
Council questioned if the appellant would like to comment. David Dean, counsel for the
appellant responded that he would like a moment to confer with his client.
,4ppellant:
Ms. Bonar, resident, addressed Council. She stated that she was ready and willing to meet
the conditions that would allow her to keep her dog. Bonar clarified for Council that she
did not know that anyone was hurt and feared for her safety,with all of the screaming. She
called for her dogs, they ran back through the open front door and then she had loaded
them into the car and left. She objected to the Sheriffs report and offered that the
statements in the report were erroneous.
Morgan Alexander, daughter of Appellant Bonar, commented that the neighbors on
Esperanza have complained for years about their dogs barking. She explained that the
Town was previously rural and they were well aware of the new environment. Alexander
• stated that her mom did not know that Wheaton was injured and had been trained in
emergency care and would have responded had she been aware.
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David Dean, Counsel, acknowledged the neighbors concerns and noted that the incident
• had been a traumatic event. He reiterated that the Hearing Officer had recommended that
a permit be issued and Ms. Bonar be allowed to keep her dog. Dean suggested that if
Council were to uphold the Public Safety Officer's decision, it would set a precedent that
if your dog bites one person you would be required to get rid of your dog.
CLOSED PUBLIC HEARING
City Council Discussion:
Council discussion ensued. There was a consensus that their determination on the
hearing would not be setting a precedent but would be specific to the incident before
them. Council concurred that the resident had demonstrated an inability to control her
dogs and the dog had been identified as a dangerous animal and it was in the best interest
of public safety to uphold the Public Safety Officer's ruling and deny the permit.
MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Summit and
passed unanimously to uphold the Public Safety Officer's decision to not issue the owner
of a dangerous dog a dangerous animal permit and further order the revocation of the
dog's license.
10. Introduction of an Ordinance to amend the Fence Ordinance (Section 10-1.507
C&D) to prohibit the construction of fences, walls, and/or gates with points, spikes,
and/or sharpened edges which can cause harm to people, pets, and/or wildlife.
• CEQA Review: Categorical Exemption per Section 15061(B)(3) (Staff-D. Pedro)
The City Clerk explained that due to the failure of the Town Crier to publish the
appropriate hearing notice, the item had been continued to the January 14, 2010 regular
City Council meeting. She clarified that the notice was not a requirement for the public
hearing, but historically the Town in an effort for full transparency, had published a
notice of the hearings in the newspaper when similar issues were to be considered by
Council.
UNFINISHED BUSINESS
11. Town Goal
• Hidden Villa Annexation Update (Staff: D. Pedro)
Planning Director Debbie Pedro introduced the item to Council. She proceeded with a
PowerPoint presentation that included a map of the affected area located in the southern
portion of Town. Additional features of the map included: the urban pockets of
unincorporated areas within the Town's Urban Service Area Boundary; the Hidden Villa
parcels proposed to be annexed(approximately 1600 acres); and, the additional 11 parcels
(50.87 acres)that would be included in the annexation.
Pedro provided an overview of her discussions with LAFCO. LAFCO has advised the
• Town that pursuant to their policies, the 11 parcels adjacent to Hidden Villa that were
also within the Town's Sphere of Influence, had to be included in the proposed Hidden
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December 10,2009
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Villa annexation. Additionally, LAFCO was requesting that the Town develop a timeline
regarding the annexation of the remaining urban pockets/"Islands"within the Town.
• Additionally, LAFCO had raised the issue of the annexation necessitating a possible
amendment to the Los Altos Hills County Fire District service boundary. The map before
Council reflected the current area of Hidden Villa(developed parcels) that was within the
LAHCFD boundary and the portion of Hidden Villa that was outside the LAHCFD
Service Boundary. The wild-land area of Hidden Villa outside the LAHCFD boundary
was currently being managed by Cal Fire (California Department of Forestry and Fire
Protection). Annexation of Hidden Villa in its entirety would require an approval of the
service boundary modification by LAHCFD and a separate application by Fire District to
LAFCO for the boundary modification to include Hidden Villa's 1600 acres. In
preliminary discussions with the Fire District, concerns had been expressed about the
potential increased liability by assuming the responsibility for the wild-land area. The
District did not believe they had the resources for the wild-land management. Pedro
explained that an alternative option available to the Town would be to redraw the Town's
Urban Service Area Boundary to match the Fire District's Service Area Boundary. Staff
believed this was the preferable option. If the Town is successful in annexing the revised
area, it would include approximately 265 acres of land with 1300 acres remaining outside
the boundary line.
Council discussion ensued. They reviewed the option of scaling back the annexation to
include only the developed parcels of Hidden Villa. Larsen questioned if it was feasible
to annex the entire site and request CDF to continue providing the Fire Service for the
wild-land area. Staff explained that LAFCO would require LAHCFD to change their
service area boundary to include the wild-land area if the entire 1600 acres of Hidden
Villa were annexed by the Town and that the option would most likely not be acceptable
to the Fire District.
Mayor Warshawsky summarized the "next steps" in the annexation process. Council
discussion ensued. Council provided direction to staff. They recommended: 1) reduction
in the overall annexation to include the area that had been identified by staff; 2) gauge the
interest of the property owners that would be included in the annexation as required by
LAFCO; 3) pro-actively discuss the revised annexation plans with Hidden Villa; and 4)
the development of a timeline for annexation of the remaining pockets in Town including
the pocket in unincorporated Palo Alto that is within the Town's Sphere of influence
(Altamont Circle).
NEW BUSINESS
12. Presentation of Mitigation Strategies for the Local Hazard Mitigation Plan Update
(Staff: S. Garcia)
Public Safety Officer Steve Garcia introduced the item to Council. He noted that the City
Council in 2006 had approved a resolution adopting the Town's Local Hazard Mitigation
Plan (LHMP). The LHMP is an Annex of the Town's Emergency Operations Plan and
• required by FEMA to qualify for FEMA funding for pre-disaster and post-disaster
mitigation funding.
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ABAG is the lead agency for Bay Area cities participating in the ABAG Multi-
Jurisdictional LHMP 2010 update. ABAG was requiring all agencies under their
• umbrella to complete their updates by spring 2010. A component of the update was the
prioritization of mitigation strategies.
Garcia explained that FEMA requires each agency to provide two venues for public
comment and input on the prioritization of mitigation strategies. One of the venues must
be a public hearing. Posting of the strategies on the Town's website was an acceptable
second venue. The 2010 mitigation strategies had been posted on the Town's website on
December 1, 2009 and residents had the option of submitting their comments to the
Public Safety Officer via email.
Garcia advised that the Town's mitigation strategies for the 2010 update had not changed
from the strategies submitted in 2005 and approved by FEMA. Examples of mitigation
strategies currently in use included: development of a Community Emergency Response
Team; removal of excessive fire fuel loads; personal emergency preparedness training for
residents; and, the enforcement of Building Codes that would mitigate earthquake
induced damage.
Garcia proceeded with a PowerPoint presentation of the Multi-Jurisdictional Local
Hazard Mitigation Plan. The next step in the approval process was approval of ABAG's
Multi-Jurisdictional Annex by FEMA. The City Council's adoption of the Town's 2010
LHMP was expected in summer, 2010.
Council discussed the fuel load in Byrne Preserve. It was noted that staff would be
walking the area in the near future to assess the issue. Downed and dead trees have been
removed and sod spraying in the area has been scheduled.
Council thanked Garcia for his report. They cited the efforts of Public Safety Officer
Garcia and Los Altos Hills County Fire District consultant Mike Saunders, in preparing
and training Town residents for disasters. Councilmember Larsen suggested that the
Standing Emergency Communications Committee be added to the plan.
PLANNING COMMISSION REPORT
No report was scheduled. The December 3, 2009 Planning Commission meeting had
been cancelled.
COUNCIL MEETING RECESSED AT 10:00 P.M.
COUNCIL MEETING RECONVENED AT 10:10 P.M.
REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
Councilmember Reports:
Councilmember Summit reported on the recent Joint Volunteer Luncheon and recognized
• the "much deserved" award that.had been presented to Los Altos Hills resident Jitze
Couperus. She also had attended the Santa Clara County Cities Association dinner.
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Ili Summit acknowledged the recent joint council meeting with the Los Altos City Council
and commented that it had been very useful. On November 19th, Summit had attended a
joint SCVWD Flood Control Districts meeting. The agenda had included a review of flood
control projects throughout the County. She reported that she had received confirmation
from the Santa Clara Valley Water District that their Trail and Open Space Grant Program
and the Environmental Enhancement Grant Program would be funded. The Town has two
projects they would like considered for the grants and applications would be submitted.
Projects included a trail from the end of the Evershine property to Robleda and cleaning the
creek, removal of invasive species and enhancements to native paths on the Town-owned
O'Keefe property. Mayor Pro Tem Kerr requested an opportunity for Council to review the
grant applications prior to submittal. He requested that the options for the O'Keefe site be
kept open.
Councilmember Jean Mordo advised Council that the History Committee, as directed by
the City Council, had investigated the naming of"Edith Park". They have found documents
that reflect the park had been formally named "Anza Corner" in 1976. The item would be
scheduled for City Council discussion at their next regular meeting.
Councilmember Larsen reported that the Town had won the Akeena Solar's Mayor's Cup
Challenge at this year's Silicon Valley Turkey Trot. The Standing Environmental Initiatives
Committee had held their final forum at Town Hall of the three part educational series on
energy issues. Larsen had attended the Emergency Managers Association luncheon. Berin
Fank, LAHCFD and Town resident, had received an award in recognition of his volunteer
services. The Standing Emergency Communications Committee's holiday parry was
scheduled for December
Mayor Pro Tem Kerr reported that the Town has received notification that the CEC
EEGBG block grant application would be moved forward by the California Energy
Commission. The application called for grant funds to be used for voluntary audits of high
energy use homes, a critical component of the Town's efforts to achieve their carbon
reduction goals.
Mayor Warshawsky reported that the Ad Hoc Undergounding Committee was moving
forward with the exploration of potential assessment districts.
13. AB1881-Water Conserving Ordinance for LAH—John Harpootlian, Standing Water
Conservation Committee
John Harpootlian, Chair, Standing Water Conservation Committee, addressed Council.
He provided an overview of his previous presentation to Council that had outlined the
requirements of AB 1881 "Water Efficiency Landscaping Ordinance" and the options
open to the Town to be compliant with the new law. The model ordinance for AB 1881
would become effective on January 1, 2010 if the Town did not have an equally effective
water conserving ordinance in place. Harpootlian noted that a letter would be sent to the
State indicating that the Los Altos Hills ordinance was under development but would not
meet the State's deadline. Council had a copy of the draft letter provided by the Bay Area
• Water Supply and Conservation Agency (BAWSCA) in their packet.
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Harpootlian proceeded with a PowerPoint presentation that outlined the draft water
efficient landscaping ordinance that was currently being developed by the Standing Water
Conservation Committee. New concepts under consideration included: the calculation of
a maximum parcel landscape area (MPLA); a parcel water budget (PWB); and the
establishment of penalties for exceeding the parcel water budget. The ordinance would
initially only apply to new construction, major remodels and rehabilitated landscapes but
the parcel water budget could be extended to existing parcels.
Harpootlian reviewed the calculations that would set the MPLA and PWB. He offered
that the State's ordinance was very difficult to implement and would not reduce water
use. The Committee's proposal would be a fair way of implementing a water budget and
did not require costly audits to measure installed landscaping. Key to the proposal was the
fact the responsibility for efficient water use would reside with the homeowner.
Penalties for exceeding the PWB were also a component of the draft ordinance.
However, Harpootlian noted that the proposal required careful research to ascertain the
legality of the penalties and possible alternatives. It was noted that Town residents
received water from two different providers, Purissima Hills Water District and
California Water Service Company. The implementation of penalties would have to be
considered with both agencies. The proposal before Council was for both providers to
collect the penalties from customers exceeding their PWB. Penalty revenues would then
be paid to the Town. The parcel water budget process would meet the State's requirement
for audits and would be less onerous for residents and the Town. Harpootlian noted that
the penalty phase of the proposed ordinance had been crafted by member Brian Holtz and
the Water Conservation subcommittee and reviewed and approved by the Water
Conservation Committee as a whole.
Next steps proposed by the Committee for Council consideration included: direction to
staff to work with a WCC subcommittee to develop an ordinance based on the draft
before Council; provide further direction to the WCC and staff regarding strengths and
weaknesses of the draft ordinance; and, approval of submission of the draft letter in the
Council packet to the State.
City Council Discussion:
Councilmember Mordo thanked Chair Harpootlian and the Water Conservation
Committee for their efforts on the draft landscaping ordinance. Mordo offered that the
water conservation issue extended to existing landscaping but that a fair and gradual
procedure for establishing regulations was needed. He supported the Committee's
recommendations and volunteered to work on the proposed Ad Hoc Committee.
Councilmember Summit recognized the committee's efforts on the proposal. She
supported sending the draft letter in their meeting packet to the State. Summit concurred
with Mordo that existing landscaping should eventually be included in the water
conservation efforts.
Harpootlian noted that the Purissima Hills Water District was installing new software that
• might be used to calculate the PWB for all Town properties. The calculations could be
reflected on customers' bills to educate them on their water usage.
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Councilmember Larsen offered that the Committee's efforts were headed in the right
direction. He concurred with the recommendation to send the letter to the State but he
would favor more outreach and education rather than the imposition of penalties. He
suggested that increased water rates could potentially reduce use and preferred to give the
"law of economics" an opportunity to work.
Mayor Pro Tem Kerr suggested that it was most likely than an environmental surcharge
would be imposed by water agencies and requested more information on the collection,
distribution and use of the funds. He noted that PHWD would have a tiered rate
structure.
Gary Waldeck, President-elect of Purissima Hills Water District, member Water
Conservation Committee, addressed the City Council. He reported that the rate structure
was currently being evaluated by the District Board. He expected the rates to increase.
The last rate increase had resulted in a 7% reduction in water use. Waldeck did expect
the new rate increase to have a significant increase in reducing water use. Additionally,
the District was implementing conservation programs that incentivize people to conserve
water however; he believed that an ordinance that set a standard to set behavior was
important. As a water purveyor they could only set rates (sell water).
Mayor Pro Tem Kerr suggested that the District consider reviewing their rates relative to
with the consideration that a public interest surcharge on the Districts billing could fund
rebates for conservation programs and accomplish the desired water reduction without the
Town imposing penalties. Additionally, they should look at ways to reward water
conserving customers.
PHWD President-Elect Waldeck offered that the Board has considered setting aside funds
for conservation program rebates.
Council discussion ensued. There was a consensus that the penalty phase, if included in
the Town's ordinance, be identified by a specified trigger of the Town's water usage. The
penalty component was not supported by a majority of the Council.
MOTION SECONDED AND CARRIED: Moved by Mordo, seconded by Larsen and
passed unanimously to create an Ad Hoc subcommittee with members John Harpootlian
(WCC), Councilmember Mordo and Brian Holtz (PHWD and WCC) to work with staff
on the draft ordinance. Council direction was to include all resident parcels in the
ordinance (not exclusively new residences, new major remodels) and no imposition of
penalties.
Staff was directed to send the letter to the State regarding the Town's status of their
ordinance under the Mayor's signature.
14. Consideration of Amendment to Resolution No. 19-09 "Establishing Standing
Committees and Adopting General and Special Rules Pertaining Thereto" to
• Increase the Membership of the Education Committee.
13 Approved City Council Regular Meeting Minutes
December 10,2009
Agenda Item #14 was re-ordered at the direction of the City Council and was considered
at the beginning of the agenda.
15. Request for Authorization and Funding of Postcard Mailing to Announce the Open
Enrollment for the New BCS 7t' Grade— Standing Education Committee
Agenda Item #15 was removed from consideration by the City Council at the request of
Standing Education Committee Chair Bart Carey.
STAFF REPORTS
City Manama:
City Manager Cahill queried the Council on their interest in a joint meeting with the Palo
Alto City Council. He noted that the recent joint meeting with the Los Altos City Council
had been productive. Council authorized the City Manager to broach the subject with the
Palo Alto City Manager.
Qy Clerk:
The City Clerk advised Council that the California Energy Commission had requested
several minor changes to the letter that had been sent to them from the Town regarding
the Municipal Financing application program (CaliforniaFIRST Program). Santa Clara
County would be the lead agency in the application submittal. The Clerk noted that the
requested changes did not modify the intent of the letter that would be sent under the
Mayor's signature. She would forward a copy of the revised letter to Councilmembers.
City Attorney-No report
ADJOURNMENT
There being no further business, the meeting was adjourned by consensus of the City
Council at 10:40 p.m.
Respectfully submitted,
Karen Jost
City Clerk
The minutes of the December 10, 2009 regular City Council meeting were approved as
presented at the January 14, 2010 regular City Council meeting.
14 Approved City Council Regular Meeting Minutes
December 10,2009