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HomeMy WebLinkAbout7/21/2011 (2)Town of Los Altos Hills City Council Regular Meeting Minutes Thursday, July 21, 2011 Council Chambers, 26379 Fremont Road, Los Altos Hills, California CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Summit called the City Council Regular Meeting to order at 6:30 p.m. in the Council Chambers at Town Hall. Present: Mayor Ginger Summit, Mayor Pro Tem Rich Larsen, Councilmember Jean Mordo, Councilmember John Radford, Councilmember Gary Waldeck Absent: None Staff City Manager Carl Cahill, Planning Director Debbie Pedro, Associate Planner Brian Froelich, City Engineer/Public Works Director Richard Chiu, Finance Director Nick Pegueros, City Attorney Steve Mattas, City Clerk Deborah Padovan CLOSED SESSION CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Ginger Summit, John Radford, Steve Mattas Unrepresented Employee: City Manager CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEUEXISTING LITIGATION Pursuant to Government Code Section 54956.9(a) Strebe v. Town of Los Altos Hills City Attorney Steve Mattas reported that Council provided direction to staff and took no reportable actions. 7:00 P.M. — RECONVENE PUBLIC SESSION APPOINTMENTS AND PRESENTATIONS 1. Appointments to Standing and Special Committees: A. Emergency Communications Committee Approved City Council Regular Meeting Minutes July 21, 2011 MOTION SECONDED AND CARRIED: Motion by Waldeck, seconded by Larsen and passed unanimously to reappoint Andrew Kirk and Miles Siever to the Emergency Communications Committee. B. Youth Commission Mayor Summit invited Niab Mian to introduce himself. MOTION SECONDED AND CARRIED: Motion by Larsen, seconded by Waldeck and passed unanimously to appoint Niab Mian to the Youth Commission. Mayor Summit invited Jamie Osbourne to introduce herself. MOTION SECONDED AND CARRIED: Motion by Larsen, seconded by Waldeck and passed unanimously to appoint Jamie Osbourne to the Youth Commission. Avik Wadhwa was not in attendance. MOTION SECONDED AND CARRIED: Motion by Waldeck, seconded by Radford and passed unanimously to appoint Avik Wadhwa to the Youth Commission. 2. State of the Santa Clara County Office of the Sheriff, Honorable Laurie Smith, Sheriff of Santa Clara County Sheriff Smith spoke at length about advocating for the Town in areas of law enforcement and the cost involved. Council complimented the entire Sheriff's Office and stated that the Town is very satisfied with the service received. Questions were posted regarding enforcement statistics. Captain Carl Neusel responded and provided numbers regarding burglaries. He stated that residential burglaries are up this year to a little over 25. In 2010, there were 26 total residential burglaries. He stated there are more deputies patrolling the area. He further stated that consistent, repeated enforcement generally gets the message across. 3. Hidden Villa Summer 2011 Community Events, Marc Sidel, Hidden Villa, Associate Director of Development Marc Sidel, Associate Director of Development, spoke and thanked the Council for supporting the entertainment series. He proposed a different event, in line with education. The first option is to have an end of summer fair. He stated that it will still meet their objectives and facilitate educational opportunities. The second option was an open house weekend. Council discussion ensued about the community building events and the people in attendance. Council Member Mordo suggested giving Hidden Villa the entire $10,000 and allowing them to use the money at their discretion. Council concurred. Mayor Summit stated that this is a 2 Approved City Council Regular Meeting Minutes July 21, 2011 community building event between Los Altos Hills and Hidden Villa. An event should focus on bringing the communities together. MOTION SECONDED AND CARRIED: Motion by Radford, seconded by Mordo and passed unanimously that the $10,000 already granted by the Town of Los Altos Hills to Hidden Villa be unrestricted and used at Hidden Villa's discretion for the benefit of the Los Altos Hills broader community. Hidden Villa is to report on use of the funds before the next grant -funding cycle. 4. Status report on LEED certification process for Westwind Barn, Breene Kerr Breene Kerr gave a presentation on the Westwind Barn LEED Certification. A grant application was made by the Packard Foundation and the Town was awarded $15,000 to partially offset the cost of recertification. The LEED project was begun, records were kept, the project was registered and documentation was created. Unfortunately, the LEED certification process is complicated and time consuming. A few months ago, Mr. Kerr met with the City Manager and Planning Director and offered to help out on a volunteer basis, adding that some outside assistance would be needed. He stressed the value the Town is receiving for this process. He requested the Council take this project "over the finish line." Liz Valdez handed out binders and showed a presentation with recommendations to finish the LEED application process and implement solar monitoring. Council discussion ensued about budget amounts, how much has been spent and what the Town's understanding was when the money was accepted. Planning Director Debbie Pedro stated that in 2009 the Council approved $44,000 toward energy efficient building components for the barn project. The Packard grant money was used for applying for LEED certification, purchasing green building materials and registering the project. Mr. Kerr stated that not becoming certified would be "like going to high school and not bothering to graduate." He stated that he believed a commitment was made to the Packard Foundation to LEED certify the barn. Council members concurred that the process needed to be completed. MOTION SECONDED AND CARRIED: Motion by Radford, seconded by Mordo and passed unanimously to approve an additional $10,000 to complete the LEED application process. AGENDA REVIEW Council Member Mordo asked to remove Item 31 from the agenda. 3 Approved City Council Regular Meeting Minutes July 21, 2011 CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and passed unanimously to approve the Consent Calendar with the exception of Item No. 13, specifically: 5. Approval of Meeting Minutes: City Council Regular meeting — June 16, 2011 6. Review of Disbursements: June 1, 2011 — June 30, 2011 $325,156.36 7. Adoption (Second Reading) of Ordinance 529 of the City Council of the Town of Los Altos Hills Authorizing an Amendment to the Contract Between the Town and the Board of Administration of California Public Employees Retirement System (Staff. N. Pegueros) Motion to Waive Further Reading Motion to Adopt the Ordinance 8. Adoption (Second Reading) of Ordinance 530 Amending Title 12, Chapter 1 "Parks, Preserves and Public Areas" by Adding Section 12-1.04 "Powered Model Vehicles Prohibited" (Staff: D. Pedro) Motion to Waive Further Reading Motion to Adopt the Ordinance 9. Authorization to Execute Standing Purchase Orders for Fiscal Year 2011-2012 in an Amount Not -To -Exceed $984,826 (Staff. N. Pegueros) Resolution No. 34-11 10. Approval of 2011 Pavement Rehabilitation and Storm Drain Improvements Project and Award of Contract for Same (Staff. R. Chiu) Resolution No. 35-11 11. Acceptance of Hillview Road Pavement Rehabilitation and Drainage Improvements Project (Staff. R. Chiu) Resolution No. 36-11 12. Award of Contract 2011 Corporation Yard Building Improvements Project (Staff. R. Chiu) Resolution No. 37-11 14. Acceptance of Right -of -Way Lands of Lindy Properties I (Currently Lands of Healy) Parcel Map 679 Map 46 & 47, Lot 2 27581 Samuel Lane (Staff R. Chiu) Resolution No. 38-11 15. Receive and Approve Letter of Support for the Santa Clara County Library JPA Extend Fee Exemption for Non -District Resident College Students and Volunteers (Staff. C. Cahill) 16. Notification of Fast Track Approval: LANDS OF LOS ALTOS HILLS FAMILY PARTNERS, LLC, 14565 Manuella Road; File #87-11-ZP-SD; A request for a Site Development Permit for a new 3,719 square foot two-story residence (Maximum height: 26'). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz). • Appeal Deadline: August 3, 2011 at 5:00 p.m. 4 Approved City Council Regular Meeting Minutes July 21, 2011 16A. Notification of Fast Track Approval: LANDS OF KIACHIAN, 24157 Hillview Road; File #86-11-ZP-SD-GD; A request for a Site Development Permit for a new 4,966 square foot two story residence with a 1,855 square foot basement (Maximum height: 27'). CEQA Review: Categorical Exemption per Section 15303 (a) (Staff: Brian Froelich). • Appeal Deadline: July 27, 2011 at 5:00 p.m. 17. Rejection of Claim — Mauro Oroxon (Staff. D. Padovan) Item No. 13 was removed from the Consent Calendar for discussion. 13. Approval of GIS Based Asset Management Program Implementation Agreement for Sanitary Sewer System (Staff R. Chiu). City Manager Carl Cahill commented that staff saw this item as routine maintenance to enhance the Town's ability to maintain the sewer system. However, resident Allan Epstein believes he didn't have enough time to review the item and since Mr. Epstein's input in these types of project is valued, a request was made to continue this item to the September Council meeting. MOTION SECONDED AND CARRIED: Moved by Larsen, seconded by Mordo and passed unanimously to continue Item 13 to the September Council meeting. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Council on any subject not on the agenda may do so now. Please complete a Speaker's Card located on the back table of the Council Chambers and submit it to the City Clerk. Comments are limited to two (2) minutes per speaker. California law prohibits the Council from acting on items that do not appear on the agenda. Under a resolution previously adopted by the Council, such items can be referred to staff for appropriate action, which may include placement on the next available agenda. There were no presentations from the floor. PUBLIC HEARINGS If you challenge the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described below, or in written correspondence delivered to the City Council at, or prior to, the public hearing. ➢ City Council Ex Parte Contacts Policy Disclosure 18. Resolution Requesting that the Santa Clara County Tax Collector Collect Delinquent Sewer Charges, the 2011-2012 Sewer Service Charges, and Contractual Assessment District Charges for Both the Palo Alto and Los Altos Hills Sewer Basins (Staff: R. Chiu) Resolution No. 39-11 Public Works Director Richard Chiu presented the item. The charges are for this year's delinquent sewer charges, this year's sewer and use charges and contractual assessment district 5 Approved City Council Regular Meeting Minutes July 21, 2011 charges for the Palo Alto and Los Altos basins. He noted that on the dais the Council received a revised Attachment 2. A discussion ensued regarding the delinquent properties and whether Attachment 2 is required by the County Assessor's office. Mayor Summit OPENED THE PUBLIC HEARING. Seeing no one wishing to speak, Mayor Summit CLOSED THE PUBLIC HEARING. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Larsen and passed unanimously to approve Resolution No. 39-11 Requesting that the Santa Clara County Tax Collector Collect Delinquent Sewer Charges, the 2011-2012 Sewer Service Charges, and Contractual Assessment District Charges for both the Palo Alto and Los Altos Hills Sewer Basins. 19. Resolution Vacating Portions of a Public Use Easement on Chaparral Way (Staff: R. Chiu) Resolution No. 40-11 Public Works Director Richard Chiu presented the item. In 2009 there were discussions regarding the maintenance of Chaparral Way. Staff was given direction regarding the public easement to reduce the width for pathway purposes. Vacation of the existing easement is proposed, with the reservation of maintaining the existing dimensions of the easement for utility purposes and reducing the width of the public use easement to a dimension 10 feet wide and 7 feet wide for pathway purposes. The Planning Commission has stated that it is in conformance with the Town's general plan. Council discussion ensued regarding the maintenance of the pathway and the roadway. Director Chiu confirmed that the Town's responsibility for the maintenance would be for the pathway, and not roadway. Mayor Summit stated that a letter was received from David and Elizabeth Rome. Mayor Summit OPENED THE PUBLIC HEARING. Dave Rome, Los Altos Hills, wanted clarification that the public pathway extends the length of Chaparral and is not affected by this process of abandonment. Council clarified that his understanding was correct. City Manager Cahill clarified that the Town does have an easement for the vast majority of Chaparral Way, but for the lands of Mock, which is at the beginning of Chaparral by Moody Road, the Town does not technically have an easement, but the property owners have never had an issue. Approved City Council Regular Meeting Minutes July 21, 2011 Mayor Summit CLOSED THE PUBLIC HEARING. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Waldeck and passed unanimously to approve Resolution No. 40-11 Vacating Portions of a Public Use Easement on Chaparral Way. 20. Consideration of Amendments to the Basement Ordinance (Section 10-1.202). The draft ordinance amendment includes the addition of a structure height limit for daylighted basements and a limit to bunker size. CEQA Review: exemption per Section 15061 (b) (3). (Staff. D. Pedro) Motion to Waive Reading Motion to Introduce the Ordinance Associate Planner Brian Froelich presented the item with a background on the proposed basement ordinance. He stated that the ordinance was reviewed by the Planning Commission in June and was recommended unanimously. Council discussion ensued. Questions were asked about daylight basements and setbacks. Mayor Summit OPENED THE PUBLIC HEARING. Scott Stotler, Stotler Design Group, Los Altos stated that there are issues that are raised by the proposed wording of the ordinance and volunteered to meet with Council Members to discuss. Council discussion ensued and questioned staff about how the draft deals with the light wells and daylighted basements. Planning Director Debbie Pedro clarified that the ordinance would not affect light wells as they are not typically visible. Mayor Summit CLOSED THE PUBLIC HEARING. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Waldeck and passed unanimously to Waive Reading and Introduce a Proposed Basement Ordinance Amending Section 10-1.202 of the Municipal Code. 21. Consideration of Amendments to the Grading Policy. The proposed amendments include modifications to grading limits, require terracing for cuts greater than six (6) feet, and allow minor exceptions for required and emergency access driveway requirements to be approved at a Site Development hearing. CEQA Review: exemption per Section 15061 (b) (3). (Staff. D. Pedro) Associate Planner Brian Froelich presented the draft grading policy outlining the five proposed changes. Council discussion ensued regarding the proposed changes. Mr. Froelich explained the Planning Commission have received numerous grading policy exception requests over the past three years. 7 Approved City Council Regular Meeting Minutes July 21, 2011 Director Pedro stated that the grading standards have been updated to address the design community's needs. Grading limits are now more practical and not so restrictive with the hope that the Planning Commission would receive fewer grading policy exception requests. Council further inquired if there were any safety considerations that might be triggered as a result. Director Pedro stated that most projects would require a geo-technical report for soil studies and review by the Town's geologist. Mayor Summit OPENED PUBLIC HEARING. Seeing no one wishing to speak, Mayor Summit CLOSED THE PUBLIC HEARING. Further Council discussion ensued regarding whether or not the Council would continue to see grading policy exceptions. Director Pedro stated that the amendments to the grading policy are very reasonable standards. There may be some grading policy exceptions that are brought to Council, but the designers and architects should adhere to the standards and not ask for exceptions unless the site is very challenging. She further stated that if Council approves the amendments, they would go into effect immediately. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Larsen and passed unanimously to approve the Amendments to the Grading Policy. Council Recess 8:47 P.M. Council Reconvened to Open Session at 8:55 P.M. COUNCIL INITIATED ITEMS UNFINISHED BUSINESS 22. Town Goals 2011 —Personal and Public Safety for All Residents Update on Buena Vista Drive and Moody/Page Mill Road intersection including Traffic Consultant Findings and Stop Sign Location Public Works Director Richard Chiu provided the Council with an update. Palo Alto has done some embankment work and the County completed some striping and signage improvements. As a result the Town hired a consultant to go back to the intersection to evaluate the improvements. The report from the consultant indicated that sight distance has improved; however, the sight distance is still not sufficient for the 85a' percentile speed. Based on that analysis, the report has been forwarded to Palo Alto and the County stating that the improvements are not sufficient for the 85`h percentile speed to see if they would reconsider the installation of stop signs at the location. However, the County staff does not feel a stop sign is appropriate for that intersection. Palo Alto has stated they would be willing to work with Town Staff to cut back the embankment further. At this time Staff is seeking additional direction from Council on what to pursue. Palo Alto agreed to work with the Town to do more grading. 8 Approved City Council Regular Meeting Minutes July 21, 2011 Council discussion ensued and Mayor Summit stated that it was the Council's understanding that should they desire a stop sign, one would be installed. Palo Alto has agreed to do more grading, but Director Chiu suspects they will want the Town to cover the costs. Council Member Radford asked to define the 85th percentile. Director Chiu stated that the majority of the vehicles on Page Mill go faster than the posted 25 -mph speed limit. The speed of 85% of the vehicles is 31 mph or lower. The Council reached consensus to submit a request for a stop sign at this location to the County Board of Supervisors. Mayor Summit stated that even though Palo Alto had done some grading, it really had a minimal effect. She asked that it be looked at to determine whether it would really need a retaining wall. Director Chiu stated that a geotech could look at the soil and see if it could hold up by itself. Jim Abraham, Los Altos Hills, stated if the Town is unable to get the County and Palo Alto to do something, possibly a couple of speed bumps could be proposed. He further agreed with the addition of stop signs. Walt Wilson, Los Altos Hills, stated that clearly seeking adequate sight distance would be the first priority. He further asked the Town to try to avoid putting in a retaining wall. Improving the line of sight would be number one and then a stop sign would be number two. City Manager Cahill suggested limiting the request to just the stop sign, as making it too complicated could backfire. Then cost sharing with Palo Alto could be researched. If grading improvements are successfully attained, which could take months, the stop sign could be removed upon satisfactory completion of grading. If the line of sight is improved, perhaps the stop sign could be removed. Breene Kerr, Los Altos Hills, believes that a stop sign is needed in both directions. He agreed that dealing with it on a sight line issue would be preferable. Further, he stated that would be the only stop sign between Skyline and 280. City Manager Cahill stated that staff will work with Supervisor Liz Kniss' office. If it needs to be agendized for a Board of Supervisors agenda, we will work with that. City Manager Cahill requested the Mayor and Mayor Pro Tem contact Supervisor Kniss directly to convey that Council is in agreement regarding the stop sign, and Staff will prepare a letter stating that Council approves a stop sign. MOTION SECONDED AND CARRIED: Motion by Waldeck, seconded by Larsen and passed unanimously to Approve Sending a Letter to Supervisor Liz Kniss to Request a Stop Sign at the Intersection of Page Mill Road and Buena Vista Drive and Moody Drive. 9 Approved City Council Regular Meeting Minutes July 21, 2011 • Update on the Arastradero Road Path Mayor Summit reported that a meeting took place with Stanford and they provided the Town with an extension until December 2013, but they do want some specific information by November 2011, so they could move forward with their planning. The project has been pared down to remove the original bridge near Page Mill. The County and Town staff have widened the existing pathway. Mayor Summit stated that the Pathway Committee is working to get additional designs for a retaining wall and instead of putting in stop signs at the corner Baleri Ranch Road and Arastadero at Page Mill, a triggered flashing crosswalk will be installed. The path will be large enough so equestrians can use it. Council discussed areas of concern with regard to parking issues. Mayor Summit stated that we have to present information to Stanford in November. It will go to the Pathways Committee, then to the Planning Commission and onto Council. • Update on Fremont Road Bike Path Director Chiu updated the Council on the item. Director Chiu met with the Pathway Committee and Ad Hoc Traffic Safety Committee. They looked at options and alternatives, after the joint meeting, they had another walk with neighbors from Town Hall to Edith. He received input from residents living in the area. At the conclusion, the residents were going to get together and walk on their own and come up with suggestions and recommendations for the Pathway Committee for a formal recommendation to Town staff. Mayor Summit reported that the Pathways Committee will meet on Monday and have invited the Ad Hoc Traffic Safety Committee. Breene Kerr, Los Altos Hills, stated that there is a deadline on the grant. He presented a PowerPoint presentation as an update on the Fremont Road Bike Path as a walkable, bicycle- and equestrian -friendly community. He stated that direction is needed from the Council for a designated bike route to school and asked Council to utilize the money to the fullest extent possible. He suggested using the grant money gradually. The concept is to utilize the regional money fully, but only on the parts that meet Caltrans standards. Council discussion ensued about timelines, direction and the costs involved. Director Chiu stated that based on the estimated cost of the consultant's preliminary design, the budget is available to do the section from Edith to Town Hall. He further stated that more can be done than just the S curve. Additionally, the schedule was to provide clear direction to the consultant that a concept is in place and that the design process would begin in August; not to be completed by August, but to have a clear direction with which to begin. Council Member Mordo asked how much of the Town's money has been spent on the project. Council Member Radford stated that the Town budgeted $390,000. Director Chiu roughly approximated that the Town has spent $60,000 to $70,000. 10 Approved City Council Regular Meeting Minutes July 21, 2011 Further Council discussion ensued on the scope of the project and the costs involved. MOTION SECONDED AND CARRIED: Motion by Radford, seconded by Waldeck and passed unanimously to have Staff, the Pathway Committee and Ad Hoc Traffic Safety Committee move forward with the hybrid approach that Breene Kerr presented tonight to ensure that the Town meets the VTA Deadlines. 23. Consideration of September 2011 City Council Meeting Schedule (Staff. D. Padovan) City Clerk Deborah Padovan presented the item. Council Member Mordo stated that he was out the week of September 8, 2011 and Council Member Radford stated he was out on the week of September 15, 2011. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Larsen and passed unanimously to cancel the September 15, 2011 Council Meeting and Schedule a Special Council Meeting for September 22, 2011. NEW BUSINESS 24. Consideration of Community Service Agencies Grant Funding Allocation (Staff: N. Pegueros) Finance Director Nick Pegueros presented the item, stating it was the time of year that the Town considers the grant awards to community services agencies. He stated that staff carried forward the same process that the Council had adopted last year, which was effectively to identify two sets of nonprofit groups. Nonprofit partners, defined as groups that would perform a service that government would normally provide, but due to the nature of our organization, the Town partners with the nonprofit community to provide those services; and, secondly, nonprofit associations that are for the public good or benefit. Council Member Mordo expressed concerns and suggested a new process in distributing the money. He outlined two steps. Step one: list all the organizations applying this year and the Council votes yes or no. If anyone gets three votes, then they can stay on the list. The second step is to distribute the $65,000 budget among those groups. The Council will have a form in front of them showing what was given over the last couple of years. It will require three votes minimum to get on the distribution list. The groups should complete a packet with a short application form and background materials. Current organizations will have to reapply. Mayor Pro Tem Larsen outlined the process in the packet with a scoring sheet showing previous giving history. Council Member Mordo said there will be two blank columns with a yes or no for the first round. Second step, distribute the budget and average the budget over the groups chosen. There was consensus that the application packets would arrive for Council review on September 15, 2011, one week before the Council Meeting packet. Mayor Summit wanted to continue to distinguish between partners and other organizations. Council Member Mordo stated that the website should include a simple statement stating that the Town of Los Altos Hills does make 11 Approved City Council Regular Meeting Minutes July 21, 2011 certain limited grants to community organizations with a link to an application form. Part of the criteria should be that they must serve the Los Altos Hills community. 25. Amendments to the City Council Adopted Employee Classification and Compensation Plan (Staff: N. Pegueros) Resolution No. 41-11 The item was presented by Finance Director Nick Pegueros. He stated that there are four recommended adjustments to the Employee Classification and Compensation Plan. The first two were recommended by the Employee Compensation Ad Hoc Committee and the Civil Grand Jury in the report on employee compensation. The first would be to cap the Town's contribution to the cafeteria plan at the Kaiser premium. This would result in annual savings in 2012 of $21,000. Second, the two-tier pension plan would be implemented for new hires. The third recommendation is to continue the employee wellness program, which is a grant -funded program through the Town's workers' compensation plan. The final recommendation is to create a tuition reimbursement policy for the sole purpose of providing employees the opportunity to participate in educational programs. The education would be job related and the funding would be to cap the total reimbursement in a given fiscal year to the difference between the merit salary adjustments that are budgeted for and what is actually awarded. Council discussion ensued regarding the number of employees who would benefit from the policy and whether the funding should be separate from the salary adjustments budget. All employees that qualify for reimbursement tuition, as it relates to professional work development, should be eligible. There was consensus that the tuition reimbursement component would be worked on and brought back at a future date. MOTION SECONDED AND CARRIED: Motion by Waldeck, seconded by Mordo and passed unanimously to accept Resolution No. 41-11 Amendments to the City Council Adopted Employee Classification and Compensation Plan, with the exception of 4.5 Tuition Reimbursement, which will be modified at a future date. 26. Approval and Authorization of Execution of Amendment No. 5 to the Employment Contract between the Town of Los Altos Hills and Carl Cahill for City Manager Services (Staff. S. Mattas) Resolution No. 42-11 The item was presented by City Attorney Steve Mattas, who stated the Council approved extension of the term of City Manager Carl Cahill for two years through June 30, 2013, and increase of salary to an annual salary of $175,832, effective July 1, 2011. MOTION SECONDED AND CARRIED: Motion by Radford, seconded by Mordo and passed unanimously to adopt Resolution No. 42-11 Approving and Authorizing the Execution of Amendment No. 5 to the Employment Contract Between the Town of Los Altos Hills and Carl Cahill for City Manager Services. 12 Approved City Council Regular Meeting Minutes July 21, 2011 27. Response to 2010-2011 SCC Civil Grand Jury Report: "Rehiring of Pensioners: Bad Policy, Good Business or Both?" (Staff. N. Pegueros) The item was presented by Finance Director Nick Pegueros. The Santa Clara County Civil Grand Jury issued a report in June regarding the re -hiring of pensioners and concluded it was a good policy. The Town does currently bring back retirees who serve on a limited basis. The benefit is that the Town does not need to hire a full-time benefitted employee which means it is less expensive and fiscally responsible. Council discussion ensued and it was confirmed that rehires do not continue to accrue retirement hours and they may not work more than 960 hours annually. Their status is temporary, hourly and no benefits. They do not have contractor status and they do not work more than 16 hours per week on average. Currently there are only two employees that have been rehired by the Town. MOTION SECONDED AND CARRIED: Motion by Waldeck, seconded by Mordo and passed unanimously to approve the response to 2010-2011 SCC Civil Grand Jury Report: "Rehiring of Pensioners: Bad Policy, Good Business or Both?" 28. Response to 2010-2011 SCC Civil Grand Jury Report: "Can You Hear Me Now?" Emergency Dispatch in Santa Clara County (Staff: C. Cahill) The item was presented by City Manager Carl Cahill. The Civil Grand Jury recommended local dispatch centers should be looking at consolidation and the Town agrees. However, their recommendations are not applicable as the Town does not have its own dispatch centers. Counsel discussion ensued regarding working with Los Altos on tighter communications. City Manager Cahill stated that Palo Alto and Mountain View are working on creating a virtual dispatch center and Los Altos is a part of that effort. The Town has a contract for communications that doesn't expire until July 1, 2014. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Larsen and passed unanimously to Approve the Response to the 2010-2011 SCC Civil Grand Jury Report: "Can You Hear Me Now?" Emergency Dispatch in Santa Clara County. PLANNING DIRECTOR'S REPORT 29. Notification of Planning Commission Approvals: LANDS OF YEN, 13811 Ciceroni Lane; File #48-11-ZP-SD; A request for a Site Development Permit for a 5,870 square foot single story new residence (maximum height: 27 feet) with a 4,400 square foot basement, a 120 square foot bunker, and 1,342 square foot swimming pool. The applicant is also requesting a Grading Policy exception of up to 11' of cut for the new residence and up to 12' of cut for the rear and side yard areas, covering an area of 6,105 square feet. CEQA Review: Categorical Exemption per Section 15303 (a) (Staff -Nicole Horvitz). 13 Approved City Council Regular Meeting Minutes July 21, 2011 Planning Commission Vote: Aye: Abraham, Harpootlian, & Clow No: Partridge & Collins Appeal Date: July 29, 2011 at 5:00 p.m. The item was presented by Planning Director Debbie Pedro. The Planning Commission on a 3-2 vote approved a project and made findings of approval for the grading exception at 13811 Ciceroni Lane. Council discussion ensued and asked why the Planning Staff recommended denial. Director Pedro stated that the site is one acre with a 12% slope, that the topography was not particularly challenging to design a home that meets the grading policy, and the excessive grading was not necessary to accommodate a house. Planning Commissioner Harpootlian commented on the Planning Commission's recommendation. City Attorney Steve Mattas stated that the Council has the item to be advised of the planning action and if the Council desires to appeal the item, it can. He further stated that questions are fine, but did not recommend that the Council take any positions or express any positions until Council decides whether or not to appeal the item. Council Member Mordo stated that he is appealing the Planning Commission's decision. Planning Commissioner Jim Abraham stated that Planning Staff should have enumerated the Planning Commission's findings for the exception to the grading policy. Mayor Summit stated that the item would be brought back to the Council in September. Council asked that the appeal process be outlined. City Attorney Mattas stated that it comes to the Council for a de novo review at the Council level and the Council can decide at that point to either uphold the Planning Commission's determination, modify the determination, refer it back to the Planning Commission, or the Council can make the final determination on the project. Council Member Mordo stated he would withdraw his appeal unless there were three votes that wanted the item appealed. City Attorney Mattas stated that policy appeals only require one vote; therefore, if there is one Council Member who wishes to appeal it, the appeal moves forward. Council Member Mordo restated his appeal. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 14 Approved City Council Regular Meeting Minutes July 21, 2011 30. Standing Committee Annual Reports to City Council: Draft Schedule and Assignments (Staff: D. Padovan) The item was presented by City Clerk Deborah Padovan. At the June 2011 City Council meeting, it was requested that each of the standing committees provide an annual report to the Council in harmony with Council Resolution No. 8-11 "Establishing Standing Committees and Adopting General and Special Rules Pertained Thereto." Council discussion ensued and it was agreed that all committees would schedule a time to provide a report to Council. MOTION SECONDED AND CARRIED: Motion by Larsen, seconded by Mordo and passed unanimously to direct the City Clerk to Notify the Standing Committees of the Annual Reporting Schedule. Reports are to be limited to 5 to 8 minutes. Correction of the typographical error: Committee Reporting on January 2012, not January 2011. Council Member Mordo reported on the NCLA issue. The Los Altos City Council voted 3-2 to request the County library to extend free cards to students and volunteers. They also approved a study of the options going forward at a cost to be determined. Council Member Radford reported that he met with Barbara Posner to open up communication between the School District and the Council. He stated it was productive. The Pinewood issue has been resolved. They reconfirmed the importance of the MOU between the two school districts. Council Member Radford asked if his meeting with Ms. Posner needed to be noticed and the City Attorney stated he would look in to it. Council Member Waldeck gave a status update on the quarry issue. He stated that there is finally a contract that everyone can sign with the consultant. He said to look for a report around December. The Ad Hoc Fence Committee will meet next on Friday, July 29`h with an assignment for each of the members. They are to submit five pictures of fences that people like and five more that they don't like. Mayor Pro Tem Larsen posed a question about the status of the EIC's (Environmental Initiatives Committee) request to enhance the building guidelines reflecting energy savings. Director Pedro replied that Peter Evans was going to go back and refine the recommendations and come back to staff with more complete guidelines. Mayor Pro Tem Larsen also stated that there was an editorial in the San Jose Mercury today that the Secretary of Employment used the VTA as a prime example for developing new jobs in this country. STAFF REPORTS No reports were given. 31. Gefis;aa...,tie o f Funding for- ATG A D,..,pose.a Engagement to Render a I ege Opinion e the Use of Par -eel Ta Lundy (Getmeflmembe-, T "sera^` This item was removed from the agenda. 15 Approved City Council Regular Meeting Minutes July 21, 2011 kw 32. Consideration of Request for Funding from the Parks and Recreation Standing Committee to Mail LAH Activity Guide to the City of Los Altos Residents (Councilmember, J. Mordo) Kathy Evans spoke on behalf of the Parks and Recreation Committee. She sought Council support to send out the Activity Guide to Los Altos residents. However, the costs were quite high. She stated that Council Member Mordo suggested they run an ad in the Town Crier as an alternative and the committee thought that it was a great idea. In addition, she stated that the website would need to be modified to create a mailing list. Mayor Pro Tem Larsen agreed with the ad idea and suggested that it point them to the website and that there be a version on the website. Mayor Summit asked about the participation rate. Ms. Evans stated she could provide those numbers. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Larsen and passed unanimously to allow the Parks and Recreation Committee to Spend up to $2,000 for Marketing via an ad in the Town Crier. Council Member Mordo stated that the process of having the Council packet with iAnnotate for the iPads is great, but it needs improvement. ADJOURNMENT There being no further business, the meeting was adjourned by the consensus of the City Council at 11:59 p.m. Respectfully submitted, (Deborah G. Padovan Deborah Padovan City Clerk The minutes of the July 21, 2011 regular City Council meeting were approved as corrected at the September 22, 2011 special City Council meeting. 16 Approved City Council Regular Meeting Minutes July 21, 2011 32. Consideration of Request for Funding from the Parks and Recreation Standing Committee to Mail LAH Activity Guide to the City of Los Altos Residents (Councilmember, J. Mordo) Kathy Evans spoke on behalf of the Parks and Recreation Committee. She sought Council support to send out the Activity Guide to Los Altos residents. However, the costs were quite high. She stated that Council Member Mordo suggested they run an ad in the Town Crier as an alternative and the committee thought that it was a great idea. In addition, she stated that the website would need to be modified to create a mailing list. Mayor Pro Tem Larsen agreed with the ad idea and suggested that it point them to the website and that there be a version on the website. Mayor Summit asked about the participation rate. Ms. Evans stated she could provide those numbers. MOTION SECONDED AND CARRIED: Motion by Mordo, seconded by Larsen and passed unanimously to allow the Parks and Recreation Committee to Spend up to $2,000 for Marketing via an ad in the Town Crier. Council Member Mordo stated that the process of having the Council packet with iAnnotate for the iPads is great, but it needs improvement. ADJOURNMENT There being no further business, the meeting was adjourned by the consensus of the City Council at 11:59 p.m. Respectfully submitted, Deborah Padovan City Clerk The minutes of the July 21, 2011 regular City Council meeting were approved as corrected at the September 22, 2011 special City Council meeting. 16 Approved City Council Regular Meeting Minutes July 21, 2011