HomeMy WebLinkAbout8/15/2013Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, August 15, 2013
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
CALL TO ORDER (6:00 PM)
B. Pledge of Allegiance
A. Roll Call
Present: Mayor Waldeck, Vice Mayor Radford, Councilmember Corrigan,
Councilmember Harpootlian, Councilmember Larsen
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Community
Development Director Debbie Pedro, City Engineer/Public Works
Director Richard Chiu, Administrative Services Director Yulia Carter,
City Clerk Deborah Padovan
1. AGENDA REVIEW
Vice Mayor Radford requested that Item 10.A be moved to the beginning of the agenda.
Mayor Waldeck suggested moving 10.A to after the appointments.
2. PRESENTATIONS AND APPOINTMENTS
A. Reappointment to the Finance and Investment Committee
City Clerk Deborah Padovan presented the item.
MOTION SECONDED AND CARRIED: Moved by Councilmember Larsen,
seconded by Councilmember Corrigan and passed unanimously to reappoint Jim
Lai to the Finance and Investment Committee for a third four-year term, expiring
August 2017.
B. Reappointment to the Emergency Communications Committee
Duncan MacMillan, Los Altos Hills, spoke in support of his reappointment.
MOTION SECONDED AND CARRIED: Moved by Mayor Waldeck, seconded
by Councilmember Larsen and passed unanimously to reappoint Duncan
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MacMillan to the Emergency Communications Committee for a third four-year
term, expiring August 2017.
C. Reappointment to the Open Space Committee
MOTION SECONDED AND CARRIED: Moved by Mayor Waldeck, seconded
by Councilmember Corrigan and passed unanimous) to o reappoint Wendie Ward
to the Open Space Committee for a third four-year term, expiring August 2017.
D. Senior Commission Annual Report
Ginger Summit, Member of the Senior Commission, introduced Annabel Pelham.
Anabel Pelham, Chair of the Los Altos/Los Altos Hills Senior Commission,
provided an annual report on the activities of the Commission.
DIRECTION: Add an agenda item regarding supporting a new senior center to the
October 23, 2013 joint meeting agenda with Los Altos.
The Council now considered Item 10.A.
10. COUNCIL INITIATED ITEMS
A. Discussion on the Community Service Grants Process and Policy Discussion
(Councilmembers Harpootlian and Corrigan)
Councilmember Corrigan stated that she raised this topic during the budget
setting session and expressed concerns about the Town's role in philanthropy.
Councilmember Harpootlian suggested that the Town make available the list of
various charitable organizations that the Town is supporting.
Council discussion ensued.
Ginger Summit, Los Altos Hills, stated that the organizations receiving grant
money are providing a service for the residents that the Town does not have the
staff or resources to provide.
Marc Sidel, Hidden Villa, spoke about the money received from the Town, and
that it had been invested back into the community allowing Hidden Villa to have
the flexibility to provide special events for residents.
Sarah Fuller, Next Door Solutions Domestic Violence, explained the importance
of their organization and how it benefits the Los Altos Hills community.
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Paul Schutz, Community Health Awareness Council, explained how their
organization supports Los Altos Hills residents.
Vicki Oldberg, Los Altos Hills, strongly urged the Council to continue supporting
the local non -profits. She further stated that she is associated with the Community
Services Agency and outlined the services that are provided to the community.
Julie Rose, Los Altos Chamber of Commerce, said "we are your chamber of
commerce" and promotes both Los Altos and Los Altos Hills.
Maria Marroquin, Day Workers Center of Mountain View, said that many
residents of Los Altos Hills use the services of the Day Workers Center.
Pilar Furlong, American Red Cross, explained that the funding provided in the
grant program allows for funding of their core mission, which is disaster relief and
emergency preparedness.
Jim Abraham, Los Altos Hills, stated that he supports all of the charities that are
receiving money from the Town, but felt that there is something wrong with the
process.
Peter Evans, Los Altos Hills, said that the reason we have Town government is for
quality of life. These organizations are a factor in our quality of life and expressed
that it is an appropriate use of the money.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mavor Radford moved to continue
with the grant program as designed; all applicants shall identify specifically the
services that are provided to Los Altos Hills residents and, where possible, estimate
the actual numbers of residents who use the services and solicit for the current year
of aivin with the budget that was allocated ($60,000). The motion was seconded
by Councilmember Larsen.
AYES: Mayor Waldeck, Vice Mayor Radford, Councilmember Larsen
NOES: Councilmember Corrigan, Councilmember Harpootlian
ABSENT: None
ABSTAIN: None
MOTION CARRIED.
The Council now continued with Item 3.
3. PRESENTATIONS FROM THE FLOOR Persons wishing to address the Council
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August 15, 2013
on any subiect 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.
Heather Rose, Los Altos Hills, expressed an idea on how to increase city revenues.
L.A. Chung, Senator Jerry Hill's Office Representative, Los Altos, introduced herself
as the liaison for Senator Hill's Santa Clara County office and offered her assistance.
Carl Cahill, City Manager questioned Ms. Chung regarding Senate Bill 594, which
appears to be intended to silence the League of California Cities initiating any more
initiatives. Ms. Chung responded that she would research the matter.
Captain Ken Binder, Santa Clara County Sheriff, shared some technology that the
sheriffs office has acquired that will make the residents of Los Altos Hills safer.
Councilmember Larsen expressed his thanks to the sheriffs office for the work that they
have been doing in Los Altos Hills.
4. NEW BUSINESS
A. Consideration of Direction to the City Attorney Regarding Preparation of Amicus
Brief Supporting No Toxic Air, Incorporated's Lawsuit Against Lehigh Quarry
Related to the Board of Supervisors' Determination related to Vested Rights (Staff:
S. Mattas
Mayor Waldeck presented the item.
City Attorney Steve Mattas provided background and an update on the litigation
regarding Lehigh Quarry.
Council discussion ensued.
Paula Wallis, Board Member of Bay Area for Clean Environment ("BACE"),
Cupertino, stated they are a grassroots, non-profit organization dedicated to local
environment and she urged the council to submit the amicus brief to support their
efforts.
Lisa Orton, Los Altos Hills, stated that she has lived in Town for 22 years and the
only time she has heard about the Lehigh Plant is when they have done something
terrible. She is concerned as a neighbor that we might potentially be relinquishing
our right to regulate the cement plant.
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Rhoda Fry, Cupertino, stated that the recommendation by county staff was
different than what the County Board of Supervisors decided upon. She expressed
her opinion that the decision of the Board of Supervisors was politically motivated
and wrong.
Tim Brand, BACE, Cupertino, asked the council for their support in their effort
for an amicus brief.
Barry Chan, BACE, Cupertino, stated that the County Board of Supervisors view
was distorted and they overruled county staff s recommendation.
Jitze Couperus, Los Altos Hills, stated that he spent time over the last decade
photographing this "abscess on the earth" a number of times from the air. He
further expressed that County Supervisor(s) have been "remarkable in their lack of
backbone."
Council discussion ensued.
MOTION AND SECONDED AND CARRIED: Moved by Councilmember
Larsen, seconded by Councilmember Harnootlian and passed unanimously to
approve an amicus brief in support of Mid -Peninsula Regional Open Space District,
prepared by the attorney selected by Mid -Peninsula Regional Open Space District
and in support of the position that was expressed by BACE; the cost of filing such a
brief shall be shared with Mid -Peninsula Open Space District and one other cityto
be determined at a later date.
B. Exemption Request for the Term of the Environmental Design and Protection
Committee Chair (Staff: D. Padovan)
City Clerk Deborah Padovan presented the staff report.
MOTION SECONDED AND CARRIED: Moved by Councilmember Corrigan,
seconded by Councilmember Harpootlian and passed unanimously to reappoint
Pat Lev for a third term as the Chair of the Environmental Design and Protection
Committee.
C. Exemption Request for the Term of the Environmental Initiatives Committee
Chair (Staff: D. Padovan)
Vice Mayor Radford introduced the item.
MOTION SECONDED AND CARRIED: Moved by Vice Mayor Radford,
seconded by Councilmember Larsen and passed unanimously to reappoint Peter
Evans for one additional term as the Environmental Initiatives Committee Chair.
D. Authorize Issuance of an Encroachment Permit for 10485 Seven Acres Lane
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Sanitary Sewer Main Extension Project Proposed for a Sewer Reimbursement
Agreement (Staff: R. Chiu)
Public Works Director Richard Chiu presented the staff report.
MOTION SECONDED AND CARRIED: Moved by Councilmember Larsen,
seconded by Councilmember Harpootlian and passed unanimously to approve the
issuance of an Encroachment Permit for 10485 Seven Acres Lane Sanitary Sewer
Main Extension Project Proposed for a Sewer Reimbursement Agreement.
E. Authorize Issuance of an Encroachment Permit for 12882 Viscaino Road Sanitary
Sewer Main Extension Project Proposed for a Sewer Reimbursement Agreement
(Staff. R. Chiu)
Public Works Director Richard Chiu presented the staff report.
MOTION SECONDED AND CARRIED: Moved by Councilmember Larsen,
seconded by Councilmember Harpootlian and passed unanimously to approve the
issuance of an Encroachment Permit for 12882 Viscaino Road Sanitary Sewer
Main Extension Project Proposed for a Sewer Reimbursement Agreement.
The Council now considered Item 6.
6. REPORTS FROM COMMITTEES, SUB -COMMITTEES AND COUNCIL
MEMBERS ON OUTSIDE AGENCIES
A. Update by the Education Committee on the Los Altos School District and Bullis
Charter School Facilities (Education Committee Chair Heather Rose)
Heather Rose, Chair of the Education Committee, presented a report to the
Council on the charter school facilities.
The Council received the report. No action was taken.
B. Report from the Site Selection Committee for a Bullis Charter School Site (Mayor
Waldeck
Mayor Waldeck presented the item and provided an update on the site selection
committee.
Council discussion ensued.
Heather Rose, Los Altos Hills, stated that it has always been the belief of the
Education Committee that it would take an outside, trusted party to solve the
problem.
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Tammy Logan, Vice President of the Los Altos School District Board, provided
an explanation on how CEQA applies.
The Council received the report. No action was taken.
The Council now considered Item 8.
8. ONGOING BUSINESS
A. Amend Resolution 30-13 Establishing Standing Committees and Adopting
General and Special Rules Pertaining Thereto to Create an Art in Public Places
Committee and Appoint Members to the Committee (Staff: D. Padovan)
City Clerk Deborah Padovan presented the staff report.
Council discussion ensued.
Karen Druker, Los Altos Hills, stated that they love the town and want to make it
more beautiful.
MOTION SECONDED AND CARRIED: Moved by Councilmember Corrigan,
seconded by Councilmember Harpootlian and passed unanimously to approve
Resolution 37-13 to include an Art in Public Places Committee with the following
kw amended charter:
(i) The charges to and duties of this Committee shall be:
a. Accept funds for art from residents or other donors;
b. Work with art consultants or others to find appropriate art for displace
c. Propose appropriate sites for the art;
d. Present applications for new art works to the Council for approval;
e. Work with the artist or consultant, Town and donor regarding installation,
security and lighting, and /or donor plaques;
f. Be available for problem solving of maintenance and other issues.
Councilmember Corrigan volunteered to serve as the liaison to the Art in Public
Places Committee.
MOTION SECONDED AND CARRIED: Moved by Councilmember Larsen,
seconded by Vice Mayor Radford and passed unanimously to appoint
Councilmember Corrigan as liaison to the Art in Public Places Committee.
MOTION SECONDED AND CARRIED: Moved by Councilmember Corrigan,
seconded by Vice Mayor Radford and passed unanimously to appoint Roger
Burnell, Mar -yam Dickey, Karen Druker, Patricia Kreager, Gail Solomon,
Jean Struthers and Sherry Scott to the Art in Public Places Committee for four-
year terms (August 2013 through August 2017).
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5. RECESS (10 Minutes)
Council recessed at 8:45 p.m.
Council reconvened to Open Session at 9:00 p.m.
The Council now considered Item 10.C.
10. COUNCIL INITIATED ITEMS
C. Update from the Subcommittee on Annexed Areas and Proposed Pathways
(Vice Mayor Radford and Councilmember Corrigan)
Councilmember Corrigan presented an update on the subcommittee on annexed
areas and pathways. After meeting with residents, the subcommittee came up with
six very clear recommendations.
Council discussion ensued.
Bridget Morgan, Los Altos Hills, stated that she was there on behalf of the
neighborhood and thanked the Council for designating a Council subcommittee.
The neighborhood had the opportunity to sit down at a round table in an ad hoc,
informal way and they had a great exchange of thoughts and concerns.
Jim Abraham, Los Altos Hills, stated that the suggested changes will affect the
general plan and the process must be followed. He further stated that it is very
important that the Planning Commission be included in the discussion as they deal
with a lot of pathway issues.
DIRECTION: Councilmember Corrigan shall provide the suggested
recommendations in writing for distribution to staff for further action.
The Council now considered the Item 9 - Consent Calendar.
9. CONSENT CALENDAR
Councilmember Larsen pulled items 9.E and 9.F for discussion.
MOTION SECONDED AND CARRIED: Moved by Councilmember Larsen, seconded
by Vice Mayor Radford and passed unanimously to approve the CONSENT
CALENDAR with the exception of Items 9.E and 9.F, specifically
A. Approval of Meeting Minutes: City Council Special Meeting - July 15, 2013
B. Review of Disbursements: July 1, 2013 - July 31, 2013 $362,915.26
C. Resolution 38-13 Accepting Dedication of Right -of -Way; LANDS OF YU, 25600
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Elena Road (Staff. R. Chiu)
D. Resolution 39-13 Accepting the Grant of Pathway Easement for LANDS OF
NIEH, 25765 Bassett Lane (Staff. R. Chiu)
G. Resolution 41-13 Accepting the Safe Route to Los Altos Hills School Project
(Staff. R. Chiu)
H. Notification of Fast Track Approval: LANDS OF PRECISION CAPITAL, LLC;
25755 Carado Court: File #131 -13 -ZD -SD -GD; A request for a Site Development
Permit for a 5,667 square foot two-story new residence (Maximum height 27)
with a 2,017 square foot basement, and a 649 square foot swimming pool. In
addition, the applicant is requesting the removal one (1) 16" and (1) 12" heritage
oak trees. CEQA review: Categorical Exemption per Section 15303(a) (Staff. D.
Pedro)
Consent Calendar Item 9.E was now considered.
E. Resolution 40-13 Awarding the Contract for the 2013 Pavement Rehabilitation
Project to O'Grady Paving Inc. (Staff. R. Chiu)
Public Works Director Richard Chiu presented the report.
kw MOTION MADE SECONDED AND CARRIED: Moved by Councilmember
Larsen, seconded by Councilmember Corrigan and passed unanimously to
approve Resolution 40-13 awarding the contract for the 2013 Pavement
Rehabilitation to O'Grady Paving, approve a project contingency fund of $60,000
and authorize the CM to execute a contract in the amount not to exceed $35,000.
Consent Calendar Item 9.F was now considered.
F. Resolution Rejecting all Bids Received for the 2013 Sanitary Sewer Repair and
Rehabilitation Projection and Authorize the City Manager to award the Contract
for the 2013 Sanitary Sewer Repair and Rehabilitation Project (Staff: R. Chiu)
Public Works Director Richard Chiu outlined why the bids were being rejected.
Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved by Councilmember CorriEan,
seconded by Vice Mayor Radford and passed unanimously to reject all bids
received for the 2013 Sanitary Sewer Repair and Rehabilitation Project.
MOTION MADE AND SECONDED: Moved by Councilmember Larsen,
seconded by Councilmember Corrigan to approve Resolution 42-13 Rejecting all
Bids Received for the 2013 Sanitary Sewer Repair and Rehabilitation Project and
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with the following amendment, the City Manager is hereby authorized to either
award a contract with the lowest responsible bidder in an amount not to exceed
$400,000 or present the bid to the City Council for consideration if the new bid
exceeds the prior lowest bid by more than twenty percent.
The Council now returned to consider Item 7 - Public Hearinas.
7. PUBLIC HEARINGS
A. AMENDMENT TO THE ZONING ORDINANCE WITH REGARD TO OFF
STREET PARKING REQUIREMENTS FOR SECONDARY DWELLING
UNITS. (Section 10-1.601) The draft ordinance would not require unobstructed
access for secondary dwelling unit parking. (Staff. D. Pedro)
Community Development Director Debbie Pedro presented the staff report.
Mayor Waldeck opened the Public Hearing.
Seeing no one wishing to speak, Mayor Waldeck closed the Public Hearing.
Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved by Councilmember
Harpootlian, seconded by Councilmember Corrigan and passed unanimously to
waive reading and introduce the ordinance amending the zoning ordinance Title 10,
Chapter 1, Article 6 (Section 10-1.601) relating to off street parking requirements
for secondary dwelling units.
MOTION SECONDED AND CARRIED: Moved by Vice Mayor Radford,
seconded by Councilmember Harpootlian and passed unanimously to extend the
meeting past 10:00 p.m.
B. AMENDMENT TO THE ZONING ORDINANCE TO EXTEND THE SUNSET
PROVISION OF LOS ALTOS HILLS MUNICIPAL CODE SECTION 10-1.502
(B)(6) (v) (viii) (ROOF MOUNTAIN SOLAR - DEVELOPMENT AREA
BONUS) UNTIL JULY 30, 2018; FILE #228-13. The draft ordinance extension
would continue the development area bonus for the installation of roof mounted
solar panels for five (5) years. (Staff: D. Pedro)
Community Development Director Debbie Pedro presented the staff report.
Mayor Waldeck opened the Public Hearing.
Jim Abraham, Los Altos Hills, stated that he suggested an alternate idea to the
Planning Commission, but his idea received no support.
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Peter Evans, Chair of the Los Altos Hills Environmental Initiatives
Committee, stated there is still a benefit for the Town in promoting photovoltaics.
The Public Hearing was now closed.
Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved by Councilmember Larsen,
seconded by Councilmember Harpootlian and passed unanimously to waive
reading and introduce the ordinance amendment extending LAHMC Section 10-
1.502 (B) (6) (v) & (vii) Development Area Bonus until July 30, 2014.
The Council now considered Item 10.13 and 10.D.
10. COUNCIL INITIATED ITEMS
B. Consideration of Potential Amendment to the Standing Committee
Resolution adding a Section Prohibiting the use of Outside Correspondence
or Requests on behalf of an Individual Committee Member without Prior
Consent of the City Council (Councilmember Harpootlian)
Councilmember Harpootlian presented the item and requested the addition of
language to the standing committee resolution.
Council discussion ensued.
DIRECTION: The City Attorney shall prepare proposed language amending the
standing committee resolution and present it at the September City Council
meeting.
D. Mayoral Succession Discussion - continued from the January 2013 City
Council meeting
Mayor Waldeck presented the item.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Harpootlian moved that
the mayoral term shall be four, 10 -month terms and one 8 -month term. The
motion was seconded by Councilmember Larsen.
AYES: Councilmember Harpootlian, Councilmember Larsen
NOES: Mayor Waldeck, Councilmember Corrigan
�w ABSENT: None
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ABSTAIN: Vice Mayor Radford
MOTION FAILED.
MOTION MADE AND SECONDED: Councilmember Corrigan moved the
term of mayor shall be a one year term. The motion was seconded by Mayor
Waldeck.
After some discussion, Mayor Waldeck withdrew his second of the motion. The
motion failed due to a lack of a second.
MOTION SECONDED AND CARRIED: Moved by Councilmember
Harpootlian, seconded by Councilmember Larsen and approved to table the
mayoral succession discussion to the September City Council meeting.
11. STAFF REPORTS
No staff reports were presented.
12. ADJOURN Pursuant to Ordinance No. 506, the Council Meeting shall adjourn no
later than 10:00 p.m., unless otherwise approved by a maiority of the
Councilmembers present.
The meeting adjourned at 11:10 p.m.
Deborah Padovan
City Clerk
The minutes of the August 15, 2013 regular City Council meeting were approved as presented at
the September 15, 2013 regular City Council meeting.
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