HomeMy WebLinkAbout5/19/2016 Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, May 19, 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 Radford,
Councilmember Spreen, Councilmember Corrigan
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas,Public Works
Director/City Engineer Richard Chiu
Mayor Harpootlian called the closed meeting to order at 5:40 p.m.
LIABILITY CLAIMS
Pursuant to California Government Code Section 54956.95
Claimant: Robert and Yosimi Bishop
Agency Claimed Against: Town of Los Altos Hills
Council adjourned to closed session at 5:41 p.m.
CALL TO ORDER-OPEN SESSION (6:00 P.M.)
Mayor Harpootlian called the meeting to order at 6:05 p.m.
A. Roll Call
Present: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
Absent: None
Staff: City Manager Carl Cahill, City Attorney Steve Mattas, Public Works
Director/City Engineer Richard Chiu, Planning Director Suzanne Avila,
Administrative Services Director Pak Lin, Senior Engineer Tina Tseng,
Consultant Planner Steve Padovan, City Clerk Deborah Padovan
B. Pledge of Allegiance
City Attorney Mattas said there was no reportable action from the Closed Session.
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I. AGENDA REVIEW
The Council agreed to consider Item 7.A following Item 2.C. Item 8.A was removed from
the agenda and was not considered. Consent Calendar 4.S was pulled for discussion.
2. PRESENTATIONS AND APPOINTMENTS
A. Appointment to the Los Altos Hills Finance and Investment Committee
City Clerk Deborah Padovan presented the report.
Christopher Nam,Los Altos Hills,introduced himself to the City Council.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
appoint Christopher Nam to the Finance and Investment Committee for a four-
year term.The motion was seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
B. Presentation by Seth Miller, Regional Public Affairs Manager with the Peninsula
Division of the League of CA Cities
Mr. Miller introduced himself to the City Council and explained the grassroots
network for the Peninsula Division of the League of California Cities.
Council asked him questions and received his responses. No action was taken.
C. Presentation by the Open Space Committee Proposing the Town-owned Open
Space Parcel at the Corner of Moody Road and Old Snakey be named the Rex
Gardiner Open Space(wording corrected with Revision No. 1)
Nancy Couperus, Co-Chair of the Open Space Committee,presented the report.
Jitze Couperus, Los Altos Hills, read a motion by the History Committee as
follows: "the History Committee recommends that the Town Council approve the
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placement of a marker (plaque) with suitable verbiage recognizing Rex Gardiner
contributions as a founding father of Los Altos Hills."
Council discussion ensued and requested that a small plaque, that preserves the
Town's rural atmosphere, be placed near the base of said tree.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
designate the open space at the corner of Moody and Old Snakey Road the Rex
Gardiner Open Space, with a small plaque dedicated reading designated as such.
The motion was seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
At this point, the Council considered Agenda Item 7.A.
7. NEW BUSINESS
A. Introduction (First Reading) Approving Revisions to Title 4, Chapter 1 of the Los
Altos Hills Municipal Code Relating to Emergency Organization and Function
(Staff: M. Hovey)
Marsha Hovey, Emergency Management Consultant, presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to waive
reading and introduce the ordinance revising Title 4, Chapter 1 of the Los Altos Hills
Municipal Code related to Emergency Organization and Function. The motion was
seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
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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.
Garo Kiremidjian, Los Altos Hills, spoke about development around Coyote Hill.
The Council suggested adding links to the Stanford meetings to the Town's website.
Kay Nicholson, Los Altos Hills, stated she wanted to make sure the Council was aware of
a letter that her attorney sent to the Town on March 25th formally contesting the Town's
classification of Moody Court as a private road.
City Attorney Mattas informed the Council that a response had been prepared, but not
yet sent.
Susan Chappell, Los Altos, requested the Council consider a special project pathway on
Mora Drive from Eastbrook to the entrance Rancho San Antonio Open Space Preserve.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Councilmember Radford moved to approve the
CONSENT CALENDAR, with the exception of Item 4.S, as follows: The motion was
seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
A. Approval of Regular Meeting Minutes: City Council Regular Meeting - February
18, 2016
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B. Approval of Special Meeting Minutes: City Council Special Meeting - March 7,
2016
C. Approval of Special Meeting Minutes: City Council Special Meeting - March 21,
2016
D. Approval of Special Meeting Minutes: City Council Special Meeting - April 6,
2016
E. Review of Disbursements: March 1, 2016 -March 31,2016 $711,960
F. Review of Disbursements: April 1, 2016 -April 30,2016 $547,802
G. Resolution 18-16 Approving Changes to the Employee Handbook Pursuant to
Recent State Legal Requirements and Risk Management Best Practices (Staff: P.
Lin)
H. Resolution 19-16 Ordering and Calling for the Holding of a General Municipal
Election to be held on Tuesday, November 8, 2016, for the Election of Certain
Officers as Required by the Provisions of the Laws of the State of California
Relating to General Law Cities; and Requesting the Board of Supervisors of the
County of Santa Clara to Consolidate said Election Pursuant to Section 10403 of
the Elections Code; Providing for Notice of the Election; and Adopting Uniform
Policies Pertaining to Candidate Statements and Fees(Staff: D. Padovan)
I. Resolution 20-16 Authorizing Renewal of a Professional Services Agreement with
Alexander Atkins for the Our Town Newsletter(Staff: D. Padovan)
J. Approval of a Change in Regular Meeting Schedule for the Environmental
Initiatives Committee(Staff: D. Padovan)
K. Approval of a Change in Regular Meeting Schedule for the Community Relations
Committee(Staff: D. Padovan)
L. Letter of Support for State Assembly Bill 1928 (Campos) Which Extends the
Deadlines to Establish Landscape Irrigation Equipment Performance Standards
(Staff: S. Avila)
M. Notification of Fast Track Approval: Lands of Sivadasan and Vinod; 12835 Deer
Creek Lane; File#41-16-ZP-SD-GD; A request for a Site Development Permit for
a new 5,476 square foot single story residence with a 2,345 square foot basement
and a swimming pool. CEQA review: Categorical Exemption per section 15303(a)
and(e). Staff: S. Avila- Appeal Deadline: Wednesday,June 1, 2016 at 5:00 p.m.
N. Resolution 21-16 Accepting Dedication of Right-of-Way Easement; Lands of
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Beliveau; 26270 Purissima Road, Los Altos Hills, CA(Staff: R. Chiu)
O. Resolution 22-16 Granting a Pathway Easement; Lands of Farahyar and Brown;
11475 Summit Wood Road, Los Altos Hills, CA(Staff: R. Chiu)
P. Resolution 23-16 Approving the First Amendment to the Agreement for
Countywide Household Hazardous Waste (HHW) Collection Program (Staff: R.
Chiu)
Q. Resolution 24-16 Adoption of the Updated Sewer System Management Plan
(Staff: R. Chiu)
R. Resolution 25-16 of Support for the Santa Clara County's Housing Taskforce
Resolution(Staff: C. Cahill)
The Council now considered Item 4.S.
S. Proclamation Expressing Appreciation for the Vintners Who Participated in the
2015 Vine and Wine Event(Staff: D. Padovan)
Scott Bryan, Los Altos Hills, serves on the Vines and Wines Committee. The
Committee is planning an appreciation event and he requested funding for the
event.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
Approve the Proclamation Expressing Appreciation for the Vintners Who
Participated in the 2015 Vine and Wine Event and allocate up to $1000 for the
follow-up event to recognize the vintners who participated in the 2015 Vines and
Wines event. The motion was seconded by Vice Mayor Waldeck.
Motion Carried 4 to 0 to 1:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: Councilmember Radford
The Council now considered Item 6.A.
6. UNFINISHED BUSINESS
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A. Resolution Awarding of Contract for the 2016 Sanitary Sewer Repair and
Replacement Project(Staff: R. Chiu)
Public Works Director Richard Chiu and Senior Engineer Tina Tseng jointly
presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to adopt
Resolution 26-16 awarding the contract to Express Plumbing Service for the 2016
Sanitary Sewer Repair and Replacement Project in an amount of$620,075 with a
project contingency fund of$65K; authorize the Public Works Director to
approve contract change orders and authorize the City Manager to execute
contracts with consulting/inspection firms in an amount not to exceed$65K. The
motion was seconded by Councilmember Corrigan.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Radford, Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
5. PUBLIC HEARINGS
There were no ex parte disclosures.
A. Adoption (Second Reading) of Ordinance 562 Amending Sections 10-1.202, 10-
1.701 and 10-1.801 and Adding Sections 10-1.706 and 10-1.804 to the Los Altos
Hills Municipal Code Prohibiting the Establishment of Medical Marijuana
Dispensaries, Medical Marijuana or Cannabis Cultivation, Including Personal
Cultivation, and all Commercial Medical Marijuana or Cannabis Operations
Within the Town Limits; File #438-15-MISC (Staff: S. Avila) - Continued from
the February 18, 2016 City Council Meeting
Mayor Harpootlian opened the Public Hearing.
Consultant Planner Steve Padovan presented the staff report.
Council discussion ensued.
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Rick Sung, Santa Clara County Sheriffs Captain, responded to questions from
the City Council.
Steve Burch, Unincorporated Santa Clara County, stated he didn't want
marijuana in Town.
Mayor Harpootlian closed the Public Hearing.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Spreen moved to waive
further reading and adopt Ordinance 562 amending sections 10-1.202, 10-1.701 and
10-1.801 and adding sections 10-1.706 and 10-1.804 to the LAH Municipal Code.
The motion was seconded by Councilmember Corrigan.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
B. Consideration of a Permit Modification and Addendum to a Mitigated Negative
Declaration for Barron Creek Restoration Project; 26170 and 26240 Fremont
Road; File#89-16-PM (Staff-S. Avila)
Mayor Harpootlian opened the public hearing.
Planning Director Suzanne Avila presented the staff report.
Council discussion ensued.
Tom Mope, Landscape Architect said he and Project Engineer Jonathan Buck
were available to respond to questions.
Jonathan Buck, Project Engineer, responded to questions about the U.S. Army
Corp of Engineers, Regional Water Quality Control Board and the Department of
Fish and Game.
Mayor Harpootlian closed the Public Hearing.
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MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to approve
the modification to the Site Development Permit and Addendum to the Mitigated
Negative Declaration for restoration of a segment of Barron Creek located between
26170 and 26240 Fremont Road. The motion was seconded by Councilmember
Corrigan.
Motion Carried 5-0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
C. Introduction of an Annexation of 8.48 Acres Within the Town's Urban Service
Area That Includes Six Parcels of Residentially Developed Land on Mora Drive
and Mora Glen Drive; File#67-16-MISC (Staff: S. Avila)
Mayor Harpootlian opened the Public Hearing.
Planning Director Avila presented the report.
City Attorney Mattas provided information on protesting an annexation.
Sue Welch, Los Altos Hills, asked the Council to please inform the residents in the
annexed area that the pathways are part of the infrastructure of the town.
Karen Jost, Unincorporated Santa Clara County, said that the six property
owners did not move forward with annexation. The petition was brought forward
by the homeowner on Mora Glen in order to put in a sewer system.
Steve Burch,Unincorporated Santa Clara County,requested annexation because
he wishes to connect to the sewer system.
Hal Feeney,Unincorporated Santa Clara County, raised the issue that since
1981 they have been hearing about annexation to Los Altos Hills,but there has been
no plan or strategy.
Mary Jo Feeney, Unincorporated Santa Clara County, said feels like this
annexation is being"cherry picked." She requested clarity of the sewer agreement.
Planning Director Avila explained why the six houses were selected for
annexation as they need to be contiguous to the Town boundary. LAFCO staff
advised that four out of five properties had a waiver of protest.
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Allan Epstein, Los Altos Hills, added that this is all about sewers and the five
people being forced to be annexed because the properties have to be contiguous to
Los Altos Hills.
City Manager Cahill said that this could happen to other property owners as
their septic systems may fail one day.
Mayor Harpootlian closed the Public Hearing.
Council discussion ensued.
Mr. Burch reminded the Council that a waiver of protest was signed by neighbors.
DIRECTION: Continue the item to the June meeting; in the meantime, staff is
directed to provide additional information, analysis, and meet to educate the
property owners.
The City Manager requested that the council proceed with current six lot annexation
and direct staff to explore a second annexation proposal that is city initiated. No
direction was given regarding the second annexation phase.
Council Recessed at 8:55 p.m.
Council Reconvened to Open Session at 9:02 p.m.
The Council now returned to Unfinished Business.
6. UNFINISHED BUSINESS
B. Resolution Authorizing the City Manager to Award Contact to Maze & Associates
for Audit Services for Fiscal Years Ending June 30, 2016, 2017, and 2018 with an
Option to Extend Through 2020 (Staff: P. Lin)
Administrative Services Director Pak Lin presented the staff report
Council discuss ensued.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to adopt
Resolution 27-16 authorizing the Mayor to enter into a three-year audit service contract
with Maze& Associates for FY ending June 30, 2016, 2017 and 2018. The motion was
seconded by Councilmember Radford.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
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NOES: None
ABSENT: None
ABSTAIN: None
7. NEW BUSINESS
B. Resolution Approving the Town's Fund Balance and Reserve Policy (Staff: P. Lin)
Director Lin presented the staff report.
Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to adopt
Resolution 27-16A approving the Town's Fund Balance and Reserve Policy. The motion
was seconded by Councilmember Radford.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen, Councilmember Corrigan
NOES: None
ABSENT: None
ABSTAIN: None
8. REPORTS FROM COMMITTEES, SUB-COMMITTEES,
AND COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report from the Pathways Subcommittee on the Master Path Mapping Project
This item was removed from the agenda and not considered.
9. STAFF REPORTS
A. City Manager—No report.
B. City Attorney—No report.
C. City Clerk
City Clerk Padovan provided information on Planning Commission openings and
upcoming City Council openings.
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D. Planning Director- Report on the Church of the Redeemer Project
Planning Director Avila presented a report on the project. She also addressed
recent comments regarding the green building ordinance.
Mayor Harpootlian invited Peter Evans to speak.
Peter Evans, Los Altos Hills Environmental Initiatives Committee, expressed an
opinion on the current status on the green building ordinance.
DIRECTION: Forward the green building ordinance to the Environmental Initiatives
Committee for their review and comment.
E. Administrative Services Director—No report.
F. Public Works Director—No report.
10. COUNCIL INITIATED ITEMS
A. Request to Provide Direction to the Pathways Committee on a Five-Year Capital
Spending Plan(Councilmember Radford)
Councilmember Radford presented the item saying he was more interested in
maintaining the current pathways and making them better, rather than building new
pathways.
Sue Welch, Member of the Los Altos Hills Pathways Committee, said that the
Committee is open to spending money on maintenance and finishing uncompleted
paths.
Council discussion ensued
DIRECTION: Staff to determine the missing links on the pathways map and
provide a recommendation to the Council. A priority should be filling in the gaps,
finishing the audit of the pathways, and identify where the money should be
invested.
B. Selection of Date for the Time Capsule Ceremony(Mayor Harpootlian)
Jitze Couperus, Los Altos Hills, provided information on the time capsule
ceremony and said the History Committee wanted the ceremony to occur as soon as
possible after the Town picnic.
Council discussion ensued.
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DIRECTION: The Time Capsule ceremony shall occur on Thursday, June 16, 2016
at 5:30 p.m.
C. Discussion on Establishing Rules on High Occupancy and Short Term/Vacation
Rentals(Vice Mayor Waldeck)
Vice Mayor Waldeck presented the item and stated that he believed that some
revenue opportunities were being missed and would like to get a get a handle on it.
He would like to recommend that staff take a preliminary look and see what some
of the issues are and propose methodology to deal with the short term rental issue.
City Manager Cahill responded that staff have investigated the Dawson Drive and
Altamont locations. The issue now is whether or not the Town can regulate the
rental of properties to unrelated persons, assuming they are in compliance with
housing code and the densities are not exceeded. The Town has ordinances about
parking on the front lawn, overnight, and trash issues. Loud parties can be
addressed with current ordinances. However,it does require people having to call 9-
1-1.
Dean Warshawsky, Los Altos Hills, explained his recent experience with a
subletting neighbor. He said it was "Parties, Parking and People" and there are a
significant number of people living in the house next to him.
Council discussion ensued.
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to continue the
meeting past 10 p.m. The motion was seconded by Councilmember Corrigan.
Motion Carried 4 to 1:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Spreens
Councilmember Corrigan
NOES: Councilmember Radford
ABSENT: None
ABSTAIN: None
Councilmember Waldeck said there are two different issues; one is the potential
revenue on short term rental and the second issue is much more serious, disruption
in the neighborhood on a regular basis, trash, parking, etc. This is where town
management needs to get involved, if they know about it, and take the appropriate
action. The other issue is potentially taxing short term rentals.
City Attorney Mattas provided information on transit occupancy tax.
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Councilmember Waldeck requested the topic be agendized for the June council
meeting.
Councilmember Radford left the meeting at 10:08 p.m.
City Attorney Mattas said that staff can present an issue to the Council that is
relatively straight forward. It will require the Council having a more robust
discussion on whether or not to move forward and whether to put something on the
ballot.
DIRECTION: Return in June with more information on the short term rental and
transit occupancy tax for the Council to consider.
11. ADJOURN
The meeting adjourned at 10:16 p.m.
Respectfully submitted,
Deborah Padovan
City Clerk
The minutes of the May 19,2016 regular City Council meeting were approved as presented at
the July 20,2016 special City Council meeting.
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