HomeMy WebLinkAbout6/21/2012Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, June 21, 2012
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
NOTICE TO PUBLIC
CALL TO ORDER (6:00 P.M.)
2.
A. Roll Call
Present: Council Member Mordo, Council Member Radford, Mayor Larsen,
Vice Mayor Waldeck, Council Member Summit
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Planning
Director Debbie Pedro, City Engineer/Public Works Director Richard
Chiu, MRG Project Manager Robert Stout, Finance Manager Richard
Lee, Consultant Planner Cynthia Richardson, Associate Planner Brian
Froelich, Assistant Planner Nicole Horvitz, City Clerk Deborah
Padovan
B. Pledge Of Allegiance
AGENDA REVIEW
There were no changes to the agenda.
PRESENTATIONS AND APPOINTMENTS
A. Re -appointment of Five Members to the Parks and Recreation Committee
Mayor Larsen asked if any of the re -appointees would like to speak.
Rebecca Hickman stated that the members look forward to serving another term.
Kathy Evans would like to be reappointed and asked the Council to help recruit fresh
individuals to the committee, specifically, a senior citizen and individuals with children
in high school or pre-school.
MOTION SECONDED AND CARRIED: Moved by Council Member Mordo
seconded by Council Member Summit and passed unanimous) t�ppoint Kathy
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June 21, 2012
Evans, Rebecca Hickman, Valerie Metcalfe, Patty Radlo and Julia Zarcone to the
Parks and Recreation Committee for a second four-year term expiring June 2016.
The Council next heard Items 2.E and 21.
E. Appointment to the Parks and Recreation Committee
F. Appointment to the Los Altos/Los Altos Hills Senior Commission
Mayor Larsen invited Ms. Smith to speak.
Linda Smith introduced herself to the City Council.
MOTION SECONDED AND CARRIED: Moved by Council Member Mordo,
seconded by Council Member Summit and passed unanimously to appoint Linda Smith
to the Parks and Recreation Committee for a four-year term and the Senior Commission to
complete a four year term expiring February 2015.
The Council then returned to Item 2.B.
B. Appointment to the Education Committee
Mayor Larsen invited Ms. Rose to speak.
Heather Rose introduced herself to City Council.
MOTION SECONDED AND CARRIED: Moved by Council Member Radford,
seconded by Council Member Summit and passed unanimously to appoint Heather Rose
to the Education Committee for a four year term.
C. Appointment to the Community Relations Committee
Mayor Larsen invited Ms. Kawasaki to speak.
Jane Kawasaki introduced herself to the City Council.
MOTION SECONDED AND CARRIED: Moved by Council Member Radford,
seconded by Council Member Mordo and passed unanimously to appoint Jane
Kawasaki to the Community Relations Committee for a four year term.
D. Appointment to Emergency Communications Committee
MOTION SECONDED AND CARRIED: Moved by Vice Mayor Waldeck, seconded
by Council Member Summit and passed unanimously to appoint Robert Hall to the
Emergency Communications Committee for a four year term.
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June 21, 2012
The Council next heard Items 2.H.
H. Planning Commission Appointments
Jim Abraham expressed his interest in continuing to serve on the Planning Commission.
Eric Clow expressed his interesting in continuing to serve on the Planning Commission
because he believes one's skills as a commissioner improve with time.
Jitze Couperus introduced himself to the City Council and expressed his interest in
serving on the Planning Commission.
Harry Emerzian introduced himself to the City Council and expressed his interest in
serving on the Planning Commission.
Susan Mandle introduced herself to the City Council and expressed her interest in
serving on the Planning Commission.
Stephen Pahl introduced himself to the City Council and expressed his interest in
serving on the Planning Commission.
Shumpei Kawasaki introduced himself to the City Council and expressed his interest in
serving on the Planning Commission.
City Clerk Deborah Padovan collected the ballots for the Planning Commission and
read the results as follows:
James Abraham received three votes.
Jitze Couperus received three votes.
Susan Mandle received four votes.
MOTION SECONDED AND CARRIED: Moved by Mayor Larsen, seconded by Vice
Mayor Waldeck and passed unanimously to appoint James Abraham, Jitze Couperus
and Susan Mandle to the Planning Commission for a four-year term expiring June 2016.
The Council then returned to Item 2.G.
G. Environmental Initiatives Committee Status Report on High Energy Home Audit
Progr�y Peter Evans and Steve Schmidt
Peter Evans, Chair of the Environmental Initiatives Committee, presented a report on
the high energy home audit program.
Steve Schmidt started working with Peter Evans on this program five years ago. He
outlined the progress they have made over the years.
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Duffy Price, Los Altos Hills, spoke on behalf of the program. She said the program has
been fantastic and she receives a report every month on her energy usage.
MOTION SECONDED AND CARRIED: Moved by Vice Mayor Waldeck, seconded
by Council Member Radford and passed unanimously to adopt the proposal by the
Environmental Initiatives Committee to continue the High Energy Homes Program and
authorize the City Manager to execute an agreement with Consultant Steve Schmidt in
the amount of $3,500.
3. CONSENT CALENDAR
MOTION SECONDED AND CARRIED: Moved by Council Member Summit,
seconded by Council Member Radford and passed unanimously to approve the
CONSENT CALENDAR, Items 3.A through 3.F, specifically:
A. Approval of Meeting Minutes: City Council Regular Meeting - May 17, 2012
B. Approval of Meeting Minutes: City Council Special Meeting and Special Joint
Meeting of the City Council and Finance and Investment Committee - May 31,
2012
C. Review of Disbursements: May 1, 2012 -May 31, 2012 $306,260.29
D. Authorization of the City Manager to Award the Contract for the Safe Route to
Los Altos Hills Schools Project (Resolution 24-12) (Staff: R. Chiu)
E. Resolution No. 25-12 Accepting Dedication of Right -of -Way; LANDS OF VAN
NICE 10551 Magdalena Road (Staff: R. Chiu)
F. Resolution No. 26-12 Accepting Grant Open Space Easement; LANDS OF
PURISSIMA LOS ALTOS HILLS 3, L.P.; 27575 Purissima Road (Staff. D.
Pedro)
4. 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 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.
Duffy Price, Los Altos Hills, requested that the City Council authorize the use of 20A
funds to pay the upfront PG&E engineering assessment fee in the amount of $5,000.
Mayor Larsen directed staff to agendize the request by Ms. Price on the July 31 st Special
City Council Meeting Agenda as a policy discussion.
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5.
6.
Duffy Price, Los Altos Hills, Board Member of the Los Altos Hills County Fire
District, informed the Council that she was appointed as the fire district's liaison to the
Town Council.
ONGOING BUSINESS
A. Town Goals 2012 - Personal and Public Safety for All Residents
1. Update on the Silicon Valley Bicycle Coalition Activities (Mayor Larsen)
2. Update on Alternate EOC Location (Vice Mayor Waldeck)
The goals were not heard and will be continued to the July 31, 2012 Special City Council
meeting.
PUBLIC HEARING
A. OLIVE TREE HILL• Hearing to consider initiating annexation proceedings for the
unincorporated Olive Tree Hill area consisting of approximately 25
unincorporated parcels (31.7 acres) bounded by the Town of Los Altos Hills to the
west north and east and to the south by an unincorporated portion of Santa Clara
County, encompassing 24809 24898 24892 24860 24808, 24802, 24837, 24855,
24863 24871 24877 24899 24886 24874 Olive Tree Lane, 10956, 10944,
10933 10955 24797 24795 24793 24791 Northcrest Lane, 10925, 10921, 10919
Stonebrook Drive. (Staff: D. Pedro) (Resolution No. 27-12)
Consultant Planner Cynthia Richardson presented the staff report.
Council discussion ensued.
Mayor Larsen opened the PUBLIC HEARING.
Jim Abraham, Los Altos Hills, stated that the Town does possess a topographic map
that was prepared by an aerial photographer. Some of the properties in the Olive Tree
area are extraordinarily steep. With the Town's slope density rules, the homeowner
would be likely restricted to about 2500 square feet of floor area.
June Stough, Unincorporated Santa Clara County, distributed photos to the Council
showing her belief that a majority of the lots are on slopes and a knoll.
City Attorney Steve Mattas stated that the non -conforming use and structures provision
of the code, which would apply in this circumstance, provides that they would maintain
their MDA and MFA and that would be grandfathered in to their existing structures and
the code specifically references the sections of site development permit ordinance which
factors slope into the MDA and MFA. He also referenced Section 10-1.401(d) of the Los
Altos Hills Municipal Code.
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Patrick Consorti, Unincorporated Santa Clara County, requested a less formal setting
and one-on-one meetings with planners in order for residents to understand the process.
DIRECTION: The Council directed staff to meet with members of the neighborhood in
order to answer any questions they may have.
Mayor Larsen closed the PUBLIC HEARING.
Additional Council discussion ensued.
MOTION MADE AND SECONDED: Moved by Council Member Mordo, seconded
by Council Member Radford and passed unanimously to approve the Initial Study and
Negative Declaration and Adopt Resolution No 27-12 initiating annexation proceedings
for the Olive Tree Hill Area.
B. LA LOMA• Hearing to consider initiating annexation proceedings for the
unincorporated La Loma area consisting of one (1) parcel (8.10 acres) of
residentially developed land bounded by the Town of Los Altos Hills to the West,
North and East and to the south by Mid -Peninsula Open Space District. (Staff. D.
Pedro) (Resolution 28-12)
Consultant Planner Cynthia Richardson presented the staff report.
Council discussion ensued.
Mayor Larsen opened the PUBLIC HEARING.
Jim Abraham, Los Altos Hills, asked for clarification from Ms. Richardson on the
Planning Commission's decision on the annexation. He recalled the Planning
Commission did not recommend this property for annexation on a 4-1 vote.
Eileen Gibbons, Chair of Pathway Committee, Los Altos Hills, stated there are no
pathways planned on this property at this time.
Mayor Larsen closed the PUBLIC HEARING.
MOTION MADE AND SECONDED: Moved by Council Member Mordo, seconded
by Council Member Radford and passed unanimously to approve the Initial Study and
Negative Declaration and Adopt Resolution No 28-12 initiating annexation proceedings
for the La Loma Area.
C. LANDS OF YONG 13456 South Fork Lane; File #249-10-ZP-SD-GD-VAR-IS-
ND• A request for a Site Development Permit for a 7,337 square foot two-story
new residence with a 3,647 square foot basement and an attached secondary
dwelling unit (Maximum height: 27') removal of two (2) heritage oak trees, and a
Floor Area and Develppment Area Variance to preserve an existing 260 square
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foot accessory structure (writing studio). CEQA Review: Mitigate Negative
Declaration (Staff: D. Pedro).
Associate Planner Brian Froelich presented the staff report.
Council discussion ensued.
Chris McMorris, JRP Historical Consulting, LLC, provided the impact and
mitigations measure analysis for the Town. He responded to questions from the Council.
Mayor Larsen opened the PUBLIC HEARING.
Raymond Neal, representing the Yong Family, requested the Council approve the
project as recommended by the Planning Commission.
Les Earnest, Los Altos Hills, stated that the proposal is absolutely contrary to the
Town's General Plan section 4.
Mike Kuranoff, Los Altos Hills, clarified that the documentation regarding the Stegner
studio could end up at the Stegner Environmental Center in San Francisco. He added that
all the neighbors commented on the project and unanimously recommended approval.
John Espinoza, San Jose, stated that he was in support of setting aside a space for the
study; something more accessible to the public.
Mayor Larsen closed the PUBLIC HEARING.
Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved by Vice Mavor Waldeck, seconded
by Council Member Summit and passed unanimously to Adopt the Initial Study,
Mitigated Negative Declaration and Mitigation Monitoring Program in Attachment 3 and
Approve the Site Development Permit Request for the Project Citing the Findings in
Attachment 2 and Subject to the Conditions of Approval in Attachment 1.
Council Recess 8:22 p.m.
Council Reconvened to Open Session at 8:32 p.m.
D. LANDS OF MORGAN; 13209 West Sunset Drive; File #59-11-ZP-SD-GD;
Appeal of the Planning Commission's decision to approve a Site Development
Permit for a 3,885 square foot two story new residence with a 2,143 square foot
basement (maximum height 24'6") a 999 square foot single story detached
secondary dwelling unit with a 999 square foot basement (maximum height 16'),
and the removal of one (1) 26.4" heritage oak tree located along the south side of
the drivewUy ?ackup area CEQA review: Categorical Exemption per Section
15303 (a) (Staff D. Pedro)
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Assistant Planner Nicole Horvitz presented the staff report.
Ex Parte Communication. Council Member Summit disclosed that she spoke with the
Morgans and had email exchanges with the neighbors. Council Member Radford
received an email from the Morgans requesting a meeting, but he declined; Council
Member Mordo had no contact with the Morgans or the neighbors; Vice Mayor
Waldeck reported that he received a request to meet, but he declined. He did, however,
take a look at the property; and Mayor Larsen reported that he met with the Morgans,
drove around the neighborhood and had email exchanges with the neighbors.
Council Member Summit presented the reasons she appealed the project.
Michael Morgan presented the project to the Council.
Mayor Larsen opened the PUBLIC HEARING.
Mark Solle, Los Altos Hills, voiced objections to the Morgan project as proposed.
Susan Cook, Los Altos Hills, does not believe this project is in harmony with the
municipal code.
Judy Anderson, Los Altos Hills, spoke in opposition to this project.
Larry Anderson, Los Altos Hills, stated that he is asking that the height of the house be
reduced by two feet.
Council discussion with the applicant ensued.
Gary Kalbach, Los Altos Hills, stated the house does not meet the intent of the Fast
Track Guidelines and the Municipal Code.
Lalia Helmer, Los Altos Hills, stated when the Andersons purchased their house 25
years ago they expected to have views and those views should not be taken away.
Further Council discussion ensued.
Gina Bertolino, Los Altos Hills, stated that the project does not meet all the code
requirements.
Hamilton Helmer, Los Altos Hills, said that they were asking for consideration of the
character of the neighborhood and consistency with the other houses in the area.
Mr. Morgan provided a rebuttal.
Mayor Larsen closed the PUBLIC HEARING.
Further Council discussion ensued.
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MOTION MADE AND SECONDED: Moved by Vice Mayor Waldeck, seconded by
Council Member Mordo to reject the appeal and uphold the Planning Commission's
approval of a Site Development Permit for a New Residence with a Basement, Detached
Secondary Dwelling Unit with a Basement and the Removal of one (1) Heritage Oak
Tree, Subject to the Recommended Conditions of Approval in Attachment 1.
AYES: Council Member Mordo, Council Member Radford, Mayor Larsen,
Vice Mayor Waldeck
NOES: None
ABSENT: None
ABSTAIN: Council Member Summit
MOTION CARRIED.
At this point the Council heard Item 7.A.
7. NEW BUSINESS
4W A. Resolution Adopting the Purissima Park Riding Arena and Round Pen Use Policy
and Introduction of an Ordinance Amending the Los Altos Hills Municipal Code
Title 12 Chapter 1. Regarding Town Rules at Public Parks, Preserves, and Public
Areas (Staff: D. Pedro)
Planning Director Debbie Pedro presented the staff report.
Bob Stutz, Los Altos Hills, has been involved in Los Altos Hills Horseman's Association
since the beginning when the arena was built in 1971.
Susan Cretekos, Los Altos Hills, said the proposed policy has problems.
Tara Swan, Los Altos Hills, stated that she has two horses, one for show who jumps and
has never tried to jump out of the arena. She further stated that she loves to let her horses
run free.
Jacqueline Sake, Los Altos Hills, said that having a Town arena and a turnout is
important for the horses to let out their energy.
Jillian Hoglan, Saratoga, spoke in support of the turnout.
Carol Gottlieb, Los Altos Hills, said that she supports the turnout, but they should be
able to have one horse at a time in the arena when no one else is around.
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June 21, 2012
Kathy Liccardo, Los Altos Hills, spoke in support of the turnout.
Savannah Hoglan, Saratoga, spoke in support of the turnout.
Rebecca Hickman, Los Altos Hills, explained the rationale behind the ordinance and the
turnout.
Victoria Baney, Los Altos, said that has never seen a horse bucking, but if it did happen,
it would do it alone or with a rider.
Mike Wagner, Los Altos Hills, stated that she has not seen any evidence, in any study,
that a turnout would damage an arena any more than a rider on a horse.
Peter Evans, Los Altos Hills, asked the Council to keep the turnout privilege.
Nancy Couperus, Los Altos Hills, said that she supports the Parks and Recreation
Committee recommendation.
Kathy Evans, Chair, Parks and Recreation Committee, President of Los Altos Hills
Horseman's Association, spoke as a resident with a "back yard horse." She requested
consistent rules in both arenas.
Further council discussion ensued.
MOTION SECONDED AND CARRIED• Moved by Council Member Radford,
seconded by Council Member Mordo and passed unanimously to approve a Resolution
Adopting the Purissima Park Riding Arena and Round Pen Use Policy as amended to
include the followin • turnout is allowed with a maximum of one horse at a time when no
other horse or person is present within the riding arena, other than the owner. If a rider
a ears and would like to ride their horse in the arena then the horse in the turnout would
need to yield the rink to the rider,• and Waive Reading and Introduce an Ordinance
Amending the Los Altos Hills Municipal Code Title 12 Chapter 1. Regarding Town
Rules at Public Parks Preserves and Public Areas as presented.
DIRECTION: Staff shall provide a report to the Council in six months on whether or not
people are complying with the policy and the impacts on the arena facilities.
B. Introduction of an Ordinance Amending Title 6, Chapter 1 "Animals by Amending
Section 6-1.603 "Dangerous Dogs and Animals" (Staff. C. Cahill)
This item was not heard and is be continued to the July 31, 2012 Special City Council
meeting.
8. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCIL
MEMBERS ON OUTSIDE AGENCIES
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A. Ad Hoc Fence Committee Status Update by Roger Spreen
Roger Spreen presented a report on the status of the ad hoc fence committee.
Council discussion ensued.
DIRECTION: Continue the ad hoc committee in order to provide proposed changes to
the fence regulations and return to the Council with a proposal.
9. STAFF REPORTS
No staff reports were presented.
10. COUNCIL INITIATED ITEMS
A. Consideration of Council Support for the Santa Clara Valley Water District Tax
Ballot Measure (Mayor Larsen)
This item was not heard and is continued to the July 31, 2012 Special City Council
meeting.
Be Status of Ad Hoc Committee to Review Purissima Hills Water District (Council
Member Radford)
Vice Mayor Waldeck and Council Member Radford provided a report on the
discussions of starting an ad hoc committee regarding Purissima Hills Water District.
C. Foothill College Circuit Race Event - July 1, 2012
(http://foothillcollegecircuitrace.com) (Vice Mayor Waldeck)
This item was not heard.
At this point the Council heard Item 6.E.
6. PUBLIC HEARINGS
E. Consideration of Proposed 2012-13 Town Operating and Capital Improvement
Budget (Staff R Stout) (Resolution 29-12)
Robert Stout, MRG Project Manager, presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Moved by Council Member Radford, seconded
by Council Member Mordo and passed unanimously to approve the 2012-13 Town
Operating and Capital Improvement Budget.
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11. ADJOURNMENT
The meeting was adjourned in memory of Barbara Packard who was a resident of the
community and an active member of the History Committee.
Council Member Summit requested that the following be included in the record, "the Town
picnic was terrific."
The meeting adjourned at 12:14 a.m.
Respectfully submitted,
�'sdoaan
Deborah Padovan
City Clerk
The minutes of the June 21, 2012 regular City Council meeting were approved as presented at
the July 31, 2012 special City Council meeting.
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City Council Regular Meeting Minutes
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