HomeMy WebLinkAbout7/20/2016 Town. of Los Altos Hills
City Council Special Meeting Minutes
Wednesday, July 20, 2016 .
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
CALL TO ORDER(5:30 P.M.)
A. Roll Call
Present: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
Absent: .None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas,Planning
Director Suzanne Avila
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9)
Linebarger v. Town of Los Altos Hills; Case No. 115-CV-282970
Closed Session adjourned at 6:05 p.m.
CALL TO ORDER(6:00 P.M:)
Mayor Harpootlian called the meeting to order at 6:10 p.m.
A. Roll Call
Present: Councilmember Corrigan, Councilmember Radford, Councilmember
Spreen, Vice Mayor Waldeck,Mayor Harpootlian
Absent: None
Staff: City Manager Carl Cahill, City Attorney.Steve Mattas,Planning
Director Suzanne Avila, Public Works Director/City Engineer Richard
Chiu,Administrative Services Director Pak Lin, Consultant Planner
Steve Padovan, City Clerk Deborah Padovan
B. Pledge of Allegiance
City Attorney Mattas stated that there was no reportable action arising out of the closed
session.
L AGENDA REVIEW
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Mayor Harpootlian offered an explanation on why there were two City Council meetings..
this month.
Councilmember John_Radford apologized to Alexander Atkins and:his family for any damaging comments he may have made at the June City Council meeting.
Mayor Harpootlian pulled Consent Calendar Item 4.K for discussion. There were no
other changes to the agenda.
2. PRESENTATIONS AND APPOINTMENTS
A. Presentation by Purissima Hills Water on the Current Drought Response, Plus
Information from California Water Service
Ray Collins, Purissima Hills Water District,presented the water district's current
drought response. She commented that in 2015, residents in the district saved 28%,
which in comparison to the benchmark year of 2013, is fantastic. In 2016, residents
in the district have saved 'a cumulative amount,,of 37%. Going forward, the
limitation of watering two days a week has been lifted.
Council discussion ensued. No action was taken.
B. Presentation by the Environmental Initiatives Committee Recommending that the
City Council adopt a Resolution Authorizing and Approving Automatically
Enrolling the Ratepayers in Los Altos Hills in the Highest Renewable Energy
Portfolio Being Offered by Silicon Valley Clean Energy Authority
Peter Evans, Member of the Environmental Initiatives Committee, presented
• the item.
Council asked questions of Mr. Evans and received his responses.
Pat Lang, Los Altos Hills, asked if she is in a PG&E program and switches to the
SCVEA, will she be able to get back into the PG&E program she originally
selected.
Council discussion ensued.
Councilmember Corrigan suggested that the resolution reflect in the third
whereas, through SVCEA, the Town of Los Altos Hills can offer its ratepayers, by,
default, an electrical power portfolio that is 100% renewable power and will
provide the greatest GHG emissions reductions available at rates with only a
nominal premium as compared to Pacific Gas & Electric (PG&E) rates and she
would suggest adding the following language "assuming those rates do not exceed
5% above the 50% differential." This would only apply in the default period.
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Further Council discussion.
Vice Mayor Waldeck asked for a friendly amendment allowing for individuals to
return to an old plan if needed. Councilmember Corrigan declined the
amendment.
City Attorney Mattas recommended that the updated language be placed in the
"Now Therefore"portion of the resolution.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
adopt Resolution 36-16 Authorizing and Approving Automatically Enrolling all
Los Altos Hills Ratepayers in the 100%Recyclable Energy Portfolio Being
Offered by the Silicon Valley Clean Energy Authority with the amendment. The
motion was seconded by Councilmember Radford.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Corrigan, Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
3. 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.
Jitze Couperus, Los Altos Hills, speaking as President of Hills 2000, provided a status
report on the Vines and Wines event for October 2017.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Councilmember Corrigan moved to approve the
CONSENT CALENDAR with the exception of Item 4.K, specifically as follows. The
motion was seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
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AYES: Councilmember Corrigan, Councilmember Radford, Councilmember
Spreen,Vice Mayor Waldeck, Mayor Harpootlian
NOES: None
ABSENT: None
ABSTAIN: None
A. Approval of Regular Meeting Minutes: City Council Regular Meeting - May 19,
2016
B. Approval of Special Meeting Minutes: City Council Special Meeting - May 31,
2016
C. Review of Disbursements: June 1, 2016 - June 30, 2016 $1,319,324.00
D. Resolution 37-16 to Approve Community Services Specialist Job Description and
Amending the Employee Classification and Compensation Plan(Staff: P. Lin)
E. Resolution 38-16 Accepting Dedication of Right-of-Way Easement; Lands of
Kalbali, 13531 Burke Road(Staff R. Chiu)
F. Resolution 39-16 Awarding a Contract to O'Grady Paving, Inc. for the 2016
Pavement Rehabilitation Project(Staff:.R. Chiu)
G. Resolution 40-16 Rejection of One Bid Received for the Newbridge Drive
Drainage Improvement Project(Staff: R. Chiu)
H. Resolution 41-16 Awarding a Contract for Publication of the Town's. Activity
Guide(Staff: S. Gualtieri) .
I: Notification of Sewer Service Fee Refund to Sam Woods (Staff: C. Cahill)
J. Notification of Fast Track Approval: Lands of Mayberry; 2245 Old Page Mill
Road; Request for a minor variance to allow a corner of an addition to a single-
family residence to encroach one foot into the 30 food side setback; CEQA
Review: Categorical Exemption per Section 15303(a) (Staff: S. Avila) Appeal
Deadline: Wednesday, July 27, 2016 at 5:00 p.m.
L. Rejection of Claim- Sissu, LLC (Staff: D. Padovan)
The Council now considered Consent Calendar Item 4.K.
K. Resolution Recognizing a Time Capsule in the Town's Cupola and Directing a
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Future City Council Open the Time Capsule on the 75th Anniversary of the Town
__ of Los Altos Hills and Approve the Inventory Submitted by the History
Committee(Staff: D. Padovan)
Mayor Harpootlian presented Item 4.K stating that he did not believe some of the
items in the time capsule contributed to the history of Los Altos Hills.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to adopt.
Resolution 42-16 recognizing the Town's Time Capsule and directing a future City
Council to Open the Time.Capsule on the Town's 75th anniversary, January 27,
2031 and approve the inventory submitted by the History Committee.ittee. T he motion.
was seconded by Councilmember Corrigan.
Motion Carried 4 to 1:
AYES: Vice Mayor Waldeck, Councilmember Corrigan, Councilmember
Radford, Councilmember Spreen,
NOES: Mayor Harpootlian
ABSENT: None
ABSTAIN: None
5. PUBLIC HEARINGS
A. LANDS OF YIU, 25700 BASSETT LANE (APN 336-43-013).(File # 370-14-IS-
TM-ND). A request for a two-lot subdivision of an existing 2.612 (gross) acre
parcel. CEQA: Categorically_Exempt Section 15315, Minor land division with
public utilities (Staff: S. Avila)
Councilmember Spreen stated that he lives within 500 feet of the property and
recused himself. He stepped down from the dais.
Ex Parte Communications: Councilmember Corrigan stated she had
conversations years ago with some of the neighbors, today she reached out to staff
and spoke with Roger Spreen pertaining to his role as a neighbor. There were no
other ex parte communications.
Consultant Planner Steve Padovan presented the staff report.
Mayor Harpootlian opened the Public Hearing.
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Steven Stept, Architect, spoke in support of the project. He represented the owner. .
who was out of the country.
Ann Duwe, Chair of the Pathways Committee, reminded that there is an off-road
pathway that runsalong the edge of the.open space easement..
Eileen. Gibbons, Member of the Pathways Committee, said the off-road path
easement has been in existence since 1993 and the sub divider was asked to put in
the native path.•
. . .
Pete Carlino,Lea &Braze Engineering, said that if there is concern about the
pathway, it can be deferred to the house construction.
Mayor Harpootlian closed the Public Hearing.
Council discussion ensued. Councilmember Corrigan suggested thatthe native
- pathway be installed when the house is in the design phase and not during the.
subdivision process. She said the pathway was not on the Master Path Plan.
Vice'Mayor Waldeck said that pathways make the Town unique and to curtail that
development is not in concert with our Master Path Plan. He said that it makes
sense to put the pathway in now.
•
Councilmember Radford said that we are in the process of updating the Master
Path Plan and asked the Pathways Committee if this area will be part of the .
update. Pathways. Committee Chair Ann Duwe said theeasement and the
pathway on Bassett is on the Master Path Plan, but the path is not built yet. If the
path was built tomorrow, it would have three connections. •
Councilmember Corrigan asked that we hold off to have the path constructed-
before.we have the loop complete and understand our intentions. At that point, the
plan will come in and we canlook at it and say "that makes sense." She said don't
do it now. Do it when the house comes in for development.
Vice Mayor Waldeck agreed that was a better idea and asked the planner if that
could be made a condition of the development. Consultant Planner Padovan
replied that the condition could be modified so that the pathway is done at the time
the house is constructed. Councilmember Radfordexpressed his support of that
condition. Mayor Harpootlian asked for a motion to approve with the change.
MOTION MADE. AND SECONDED: Vice Mayor Waldeck moved to approve
the LANDS OF YIU, 25700 BASSETT LANE (APN 336-43-013) (File # 370-14-
IS-TM-ND): request for a 'two-lot subdivision of an existing 2.612 (gross) acre
parcel. CEOA: Categorically: Exempt Section 15315, Minor land division with
public utilities based on the findings in attachment 1 and the conditions of approval -
in attachment 2, as amended to read, a native path shall be constructed within the
existing pathway easement on the eastern border of Parcel 2 prior to construction of
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a new residence on Parcel 2. The future developer shall stake.the proposed path
__ route, ensuring that it meanders around existing trees and away from the drainage
swale,. for review by the .Pathway Committee. and Town Engineer prior to
constructing the path. The motion was seconded by Councilmember Radford.
Motion Carried 4-0-1.
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford,
NOES: None
ABSENT: None -
RECUSE: Councilmember.Spreen
Councilmember Spreen returned to the dais.
6. ONGOING BUSINESS
A. Resolution Approving a Cost Sharing and Maintenance Agreement Between the
Town of Los Altos Hills, Red Orchid, LLC and Romesh Wadhwani and Kathleen
E. Wadhwani, As Trustees of the Romesh and Kathleen Wadhwani Trust
Agreement Dated July 11, 1997, for the Barron Creek Restoration Project (Staff:
R. Chiu)
Public Works Director Richard Chiu presented.the report.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Radford moved seconded
to adopt Resolution 43-16 authorizing the City Manager to execute an agreement on
behalf of the Town between Red Orchid,'LLC and Romesh and Kathleen
• Wadhwani and the Town regarding the Barron Creek Restoration Project. The
motion was seconded by Councilmember Corrigan.
•
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Corrigan, Councilmember Radford, Councilmember Spreen
• NOES: None
ABSENT: None
ABSTAIN: None
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B. Consideration of Process Related to Placement of.Transit Occupancy Tax Ballot
Measure on the November 8, 2016 General Election Ballot, Potential Adoption of
Resolution Calling an Election for Submission of a Proposed Transit Occupancy
Tax for the November 8, 2016 General Election and Discussion Regarding
Potential Regulation of Short-Term Rentals (Staff.S. Mattas)
City Attorney Mattas presented the staff report.
Mayor Harpootlian explained that he participated in a webinar about short term
rentals. He learned that the compliance rate is 25% for large cities, and.for non-
aggressive cities, the compliance rate is 5% or less.
City Attorney Mattas said that according to the Town's current regulations of short
term rentals,unless you are expressly authorized under the Town's zoning code, you
are prohibited. The argument right now is that they are prohibited because they are
not expressly permitted. The pattern and practice over the years has been to treat
rentals as a category and a line hasn't been drawn between short term and long
term. If the Council would like to regulate short term rentals, staff can return with
options for the Council to consider.
Council discussion ensued.
Elise Papp,Los Altos Hills, expressed concerns for resident safety.
Scott Vanderlip,Los Altos Hills, spoke in support of short term rentals.
Daisy Itty,Los Altos Hills, said that short term rentals are difficult to regulate.
Ray Egan,Los Altos Hills, said that short term rentals are a "lousy idea."
Bonnie Badertscher, Los Altos Hills, said she was opposed:to having short term
rentals in the neighborhood.
Pat Lang,Los Altos Hills, did not think short term rentals was a good idea.
Greta Cristal,Los Altos Hills, was not in support of short term rentals.
Council discussion ensued.
The Council was not ready to take action on compliance or controlling rentals at
this time: They requested that staff return and suggest changes in the ordinance to
not allow rentals of less than 30 days or offer other options and return witha policy
that allows flexibility and protects the rights of homeowners
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There was consensus among the Council that they would not bring a tax measure to
the voters at this time. Allowing or disallowing rentals should be addressed within
the next six months and they wished to have a broader conversation with residents
so they may articulate their points of view. The second issue is compliance.and it
should be addressed separately. Councilmember Corrigan suggested that Vice
Mayor Waldeck hold a town hall meeting early next year to allow the community
to come and discuss the pros and cons of short term rentals. Staff shall review how
other cities handle short term rentals as there is a big difference between prohibiting
and enforcing prohibition.
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,
AND COUNCILMEMBERS ON OUTSIDE AGENCIES
Vice Mayor Waldeck reported on assisting residents with obtaining Comcast service. He
requested that the topic be added to the next Finance and Investment Committee agenda so
they may to return to the Council with a recommendation.
City Manager Cahill explained that he visited Julietta Lane with Vice Mayor
Waldeck. Julietta Lane residents are very close to assembling a pot of funds to contribute
toward broadband installation. The residents may return to.the Council in August with a
proposal.
There was Council consensus that the Finance and Investment Committee return to the
Council with a recommendation on how to approach the issue of internet service.
8. STAFF REPORTS
A. City Manager
City Manager Cahill reported that the Town just hired a senior planner; and Public
Works Director Richard Chiu is leaving at the end of August as he accepted a job
with the City of Daly City.
B. City Attorney
No report.
C. City Clerk
City Clerk Padovan informed the Council that the nomination period opened on
July 18th and runs through August 12th for individuals that wish to run for City
Council.
D.. Planning Director
No report.
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E. Administrative Services Director
No report.
F. Public Works Director—Report on:
1. Pathway Widening on Fremont from Campo Vista to School
Director Chiu reported that the pathway widening on Fremont Road from Campo
Vista to Gardner Bullis. The cost is approximately$8,500, which is within the
City Manager's authority.
Susan Sullivan, Los Altos Hills, wondered whether adding a foot to the
pathway would make a difference.
Council discussion ensued.No action was taken.
City Manager Cahill stated that staff will work with the property owner to
minimize damage and if we have to replace a few trees,we will do so.
2. Cost to bring the Roads of Byrne Park Lane and Deer Springs Way to an
Acceptable Town Standard
Director Chiu reported on the cost of bringing Byrne Park Lane and Deer
Springs Way to an acceptable Town standard. In June of 2015, that cost was
approximately$280,000 and that cost is probably still accurate a year later.
Colin Knight, Los Altos Hills, said that 27 streets in Los Altos Hills failed to
meet the density requirements of Comcast. He asked to be treated the same as
everyone else.
Dan Lenoski, Los Altos Hills, said that from his perspective it is extremely
ambiguous as to what happened when the Town accepted the roads and perhaps it
was not recorded properly.
Stephen Grant, Los Altos Hills, asked about the water district's responsibility to
put the road back to the original condition.
Council discussion ensued. No action was taken.
9. ADJOURN
The meeting adjourned at 9:54 p.m.
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Respectfully submitted,
ger/10Z--
Deborah Padovan
City Clerk
The minutes of the July 20, 2016 special City Council meeting were approved as presented at the
August 18, 2016 regular City Council meeting.
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