HomeMy WebLinkAbout2/18/2016 Town of Los Altos Hills
City Council Regular Meeting Minutes
Thursday, February 18, 2016
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
Mayor Harpootlian called the meeting to order at 6:05 p.m.
CALL TO ORDER(6:00 P.M.)
A. Roll Call.
Present: Mayor Harpootlian,Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
Absent: None
Staff: City Manager Cal Cahill, City Attorney Steve Mattas, Planning
Director Suzanne Avila, City Engineer/Public Works.Director Richard
Chiu, Administrative Services Director Pak Lin, Consultant Planner
Steve Padovan, City Clerk Deborah Padovan
B. Pledge of Allegiance
1. AGENDA REVIEW
Councilmember Corrigan requested that Item 4.D be pulled from the Consent Calendar
for discussion. There were no other changes to the agenda.
2. PRESENTATIONS AND APPOINTMENTS
A. Appointments to the Public Art Committee
City Clerk Deborah Padovan introduced the item.
Robin Aber,Los Altos Hills, introduced herself to the City Council.
Stacey Newman,Los Altos Hills, introduced herself to the City Council.
The item was tabled and staff was directed to return in March with a
proposed standing committee resolution increasing the number of members on
the Public Art Committee. The two applications will be considered at that time.
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B. Reappointments to the History Committee
City Clerk Padovan presented the item.
MOTION MADE AND SECONDED:.Councilmember Radford moved to
reappoint Nobuko Cleary,May Davenport and Jitze Couperus to the History
Committee each for a four-year term`The motion wasseconded by Vice Mayor
Waldeck.
Motion Carried 5•to 0:
AYES: _ Mayor Harpootlian,Vice Mayor Waldeck, Councilmember.Corrigan,
Councilmember Radford, Councilmember Spreen
NOES:. None
ABSENT: None
ABSTAIN: None
C. Final Report on the 60th Anniversary Gala
Community Services Supervisor Sarah Gualtieri presented the final report on the
60th Anniversary Gala.
Council discussion ensued. No action was taken.
D. Presentation by Godbe Associates on Community Survey Results
Bryan Godbe, Godbe Research, presented the final results of the community
survey.
Council discussion ensued.
DIRECTION: Agendize a study session to discuss the survey results to identify
further steps and priorities.
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.
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Glenn Wilkerson, Los Altos Hills, spoke about parking on. Stonebrook and El
Monte. City Manager Cahill provided additional information regarding parking in the.
area.
4. CONSENT CALENDAR
MOTION MADE AND SECONDED: Vice Mayor Waldeck moved to approve
the CONSENT CALENDAR with the exception of Item 4.D, specifically: The motion
was seconded by Councilmember Spreen.
Motion Carried 5 to 0
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: ' None
A. , Approval of Special Meeting Minutes: City Council Special Meeting- January 27,
2016
B. Review of Disbursements: January 1, 2016 - January 31, 2016 $926,367.00
C. Envision Silicon Valley County Sales Tax Measure: North County and West
Valley Cities Position Advocacy(Staff: C. Cahill)
E. Adoption (Second Reading) of Ordinance 563 Authorizing the Implementation of
a Community Choice Aggregation Program; CEQA Review: Exempt per sections
15378(a), 15061(b)(3), and 15308 (Staff: C. Cahill)
F. Resolution Accepting Dedication of Right-of-Way Easement; Lands of Ingham;
25531 Fremont Road(Staff: R. Chiu) .
G. _ Resolution Accepting Grant of an Open Space Easement; Lands of Lemes; 27271
Moody Road (Staff: S. Avila)
The Council now considered Consent Calendar Item 4.D.
D. Adoption (Second Reading) of Ordinance 564 Amending Title 12, Chapter 1
"Parks, Preserves and Public Areas" Section 12-1:01. "Acts Prohibited" to Include
a Prohibition on Riding Bicycles in Byrne Preserve(Staff: C. Cahill)
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Councilmember Corrigan explained she pulled the item based on an email she
received from a resident and her concerns. The resident was not in attendance and
did not submit a written comment.
MOTION MADE AND SECONDED:.Councilmember Corrigan moved to waive
further reading and adopt Ordinance 564 amending title 12, Chapter 1 "Parks,
Preserves and Public Areas," Section 12-1.01 "Acts Prohibited" of the Los Altos
Hills Municipal Code. 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
5. PUBLIC HEARINGS
Ex Parte Disclosures: (Item 5.A)Vice Mayor Waldeck had one conversation with a
resident and received a communication from another citizen who may not be a resident;
(Item 5.B)Vice Mayor Waldeck had contact with the Emergency Communications
Chair; (Item 5.D.) Mayor Harpootlian and Councilmember Spreen both spoke with
Planning Commissioners, Councilmember Corrigan stated that she had spoken with
multiple individuals over the course of three years, particularly during office hours when
she served as Mayor; Councilmember Radford received a number of emails.
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)
Consultant Planner Steve Padovan presented the staff report.
Mayor Harpootlian opened the Public Hearing. Seeing no one wishing to speak, he
then closed the Public Hearing.
Santa Clara County Sheriff's Lieutenant Bob Durr introduced Sergeant Jeff
Puente, an expert on drug enforcement, who then responded to questions from the
Council on the growing of marijuana.
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Council discussion ensued.
The discussion and the ordinance were tabled and staff was directed to return and
provide the Council with an overview on what to consider going forward, including
oversight, regulations, permits, etc. The Council also would like information on
regulations that neighboring cities have adopted, including the number of plants,.
square footage, security, regulations, and environmental issues.
B. Site Development Permit and Conditional Use Permit for Modifications to a
Previously Approved Wireless Communications Facility; Lands of the Town of
Los Altos Hills (Applicant: AT&T do Tim Page); 26379 Fremont Road; File
#257-15-ZP-SD-CUP (Staff: S. Avila)
Mayor Harpootlian opened the Public Hearing.
Consultant Planner Padovan presented the staff report.
Council discussion.ensued. Councilmember Radford requested that staff distribute
the FCC report to neighboring residents.
Seeing no one wishing to speak, Mayor Harpootlian closed the Public Hearing.
As the City Attorney was reviewing the lease, the Council moved on to the next
item. They would later return to this topic(Item 5.B).
C. Tentative Parcel Map for a Two-Lot Subdivision and Adoption of an Initial Study
and Mitigated Negative Declaration; Lands of Gera; 12345 Gigli Court; File #51-
15-TM-IS-ND (Staff: S. Avila)
Mayor Harpootlian opened the Public Hearing.
Consultant Planner Padovan presented the staff report.
Council discussion.ensued.
Richard Partridge, Planning Commissioner, Los Altos Hills, explained that the
map had a notation that this property was not to be subdivided. The Planning
Commission was very sensitive to that notation. The Planning Commission passed a
motion "to forward a recommendation to the City Council to approve a request to a
tentative parcel map contingent on the Council affirming that they wish to override
the condition that the parcel is non-subdividable."
Jitze Couperus, Planning Commissioner, Los Altos Hills, said that the Planning
Commission was very sensitive to the previous map recommendations.
Anil Gera, applicant and owner of the property, Los Altos Hills, explained that
he has lived in the home for nine years and provided the history of the home.
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Council discussion ensued.
Mark Baumann, Murray Engineers, Inc., Los. Altos, spoke about the seismic
fault issue.
Mayor Harpootlian closed the Public Hearing.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Councilmember Radford moved toadopt
the Mitigated Negative Declaration and Mitigation Monitoring Program in
Attachment 3 and approve the requested Tentative Parcel Map,based on the
Findings in Attachment 1 and the Conditions of Approval in Attachment 2. The
motion was seconded by Vice Mayor Waldeck.
Motion Carried 5 to 0:
AYES:. Mayor Harpootlian, Vice Mayor Waldeck.,
Councilmember Corrigan, Councilmember Radford.,
Councilmember Spreen
NOES:. None
ABSENT: None
ABSTAIN: None
The Council now returned to Item 5.B: Site Development Permit and
Conditional Use Permit for Modifications to a Previously Approved Wireless
Communications Facility; Lands of the Town of Los Altos Hills (Applicant:
AT&T do Tim Page); 26379 Fremont Road; File#257-15-ZP-SD-CUP
(Staff: S. Avila)
City Attorney Mattas reviewed the leases and related documents and suggested the
Council continue the item to next month to include the consideration of the utility
issue.
Mayor Harpootlian reopened the Public Hearing
An AT&T representative stated that she could not discuss the lease, but said there
was a consent form signed by the city before the application was filed.
The item was tabled and continued to a future council meeting.
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MOTION MADE AND SECONDED: Councilmember Radford moved to
continue the Conditional Use Permit for modifications to an existing wireless
communication facility subject to the Conditional Use Permit Findings in . .
Attachment 1 and ConditionsofApproval in Attachment 2 to the next regular City
Council meeting. 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
The Council recessed at 8:31 p.m.
The Council reconvened to open session at 8:37 p.m.
D. Introduction(First Reading) of an Ordinance Amending Sections 10-1.503 and 10-
1.1007 of the Los Altos Hills Municipal Code Modifying Development
Regulations for Substandard Lots; CEQA Review: Categorical Exemption per
Section 15061(B)(3); File#342-15-MISC(Staff: S. Avila)
Mayor Harpootlian opened the Public Hearing.
Planning Director Suzanne Avila presented the staff report. '
Council discussion ensued.
Norman Happ, Los Altos Hills, said he would lose approximately 1200 square
feet if this ordinance was passed.
Jeffery Logan, Los Altos Hills, expressed concerns about losing square footage in
the event he ever wanted to rebuild his home.
Nita Logan,Los Altos Hills,was not in support of the proposed ordinance.
Ray Strimiantis, Los Altos Hills, spoke about unintended consequences and urged
the Council to allow the existing homeowners to rebuild their homes.
Gina Jackman, Los Altos Hills, asked that properties already identified be
grandfathered in and perhaps take a step back before deciding on a precedent-
setting course of action.
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Moj Ahy,Los Altos Hills, said her home would be one the 16 affected by this,
proposed ordinance and had concerns about how this would impact the value of her
home.
Forest Linebarger, Los Altos Hills, provided examples of neighboring cities that
provide more floor area ratio (FAR) for residents and allow more FAR for smaller.
lots.
Judy Klein, Los Altos Hills, expressed her support of the proposed ordinance.
Mr. Ahy,Los Altos Hills, asked about the rationale and logic behind the initiative.
Gregory Fretz,Los Altos Hills, spoke in favor of the proposed ordinance.
Gerda Cristal,Los Altos Hills, spoke in support of the proposed ordinance.
Barry Smith,Los Altos Hills, was not in support of the proposed ordinance.
Enrique Klein,Los Altos Hills, spoke in support of the proposed ordinance.
Kjell Karlsson, Los Altos Hills, said whatever decision The Council comes to, it
needs to include the rationale why the FAR on a one-acre lot is lower than it is on a
substandard lot.
Ensieh Zanjani,Los Altos Hills, was not in support of the proposed ordinance.
Mayor Harpootlian closed the Public Hearing.
Council discussion ensued including the suggestion of grandfathering properties.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
continue the meeting past 10 p.m. The motion was seconded by Vice Mayor
Waldeck.
Motion Carried 5 to 0:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember
Corrigan,Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
City Attorney Mattas advised that since the Planning Commission did not have a
substantial discussion about grandfathering and because it is a zoning amendment,
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the Planning Commission is required.by law to advise the- City Council on
substantive zoning amendments. If the Commission did not have a discussion about
grandfathering and the Council wants grandfathering to be considered, the Council
should, refer the whole ordinance back to the Planning Commission and provide
direction on areas where they should look further. 'After review by the Planning
Commission,the matter would return before the City Council.
MOTION MADE: Councilmember Corrigan moved to turn down the introduction
of the ordinance and should anyone desire to bring forth another proposal, she would.
be willing to consider it further. After further Council discussion, she later withdrew.
her motion.
MOTION MADE AND SECONDED:.Vice Mayor Waldeck moved to return the
item to the Planning Commission, taking into account the discussions of the Council,
including grandfathering, and give it another pass and when the Planning
Commission is done with it,bring it back and try it again. The motion was seconded
by Councilmember Radford.
Motion Carried 4 to 1:
AYES: Mayor Harpootlian, Vice Mayor Waldeck, Councilmember Radford,
Councilmember Spreen
NOES: Councilmember Corrigan
ABSENT: None
ABSTAIN: None
6. NEW BUSINESS
A. Resolution to Accept the Mid-Year Financial Report as of December 31, 2015;
and Resolution to Approve the Mid-Year Budget Amendment(Staff: P. Lin)
Administrative Services Director Pak Lin presented the staff report.
Council discussion ensued.
Public Works Director Richard Chiu commented about the sewer rehab project
and said it would come before the Council in April.
Allan Epstein, Los Altos Hills, wanted to be clear that the Council understood
what they were approving.
MOTION MADE AND SECONDED: Councilmember Spreen moved to adopt
Resolution 14-16 approving mid year budget amendment and direct staff to make
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the necessary changes to the mid-year financial report and move to March for
approval with necessary edits. 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
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report from the Pathways Subcommittee on the Master Path Mapping Project
Nick Dunckel, Member of the Los Altos Hills Pathways Committee,reported on
the status of the Master Path Mapping Project.
Council discussion ensued. No action was taken.
B. Request by the History Committee for a Time Capsule Dedication Ceremony
Jitze Couperus, Member of the Los Altos Hills History Committee,presented
the report.
There was Council consensus to publicize the book widely via social media and
email.
C. Report from the Ad Hoc Committee on the Gardner Bullis Crosswalk
Vice Mayor Waldeck presented the report and requested a speed hump be installed
on Fremont Road.
Council discussion ensued including requesting that Los Altos School District place
crossing guards at the crosswalk location as they had agreed to do so.No action was
taken.
D. Appointment of a Director and an Alternate to the Silicon Valley Clean Energy
Authority .,
Mayor Harpootlian introduced the item.
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MOTION MADE AND SECONDED: Councilmember Corrigan moved to
appoint Mayor Harpootlian as the Director and the City Manager as an Alternate to
the Silicon Valley Clean Energy Authority. 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
8. STAFF REPORTS
A. City Manager—No report.
B. City Attorney—No report.
C. City Clerk—No report.
D. Planning Director—No report.
E. Administrative Services Director—No report.
F. Public Works Director—No report.
9. COUNCIL INITIATED ITEMS
A. Discussion of Sunsetting the Community .Relations Committee (Mayor
Harpootlian)
Mayor Harpootlian introduced the item and proposed that the Council appoint an
ad hoc committee to discuss the Community Relations Committee Charter.
Sunita Sethi, Member of the Los Altos Hills Community Relations Committee,
vehemently opposed the sunsetting of the Community Relations Committee.
Rebecca Hickman, Member of the Los Altos Hills Parks and
Recreation Committee, said that the Parks and Recreation Committee doesn't have
the bandwidth to do the Town Picnic.
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Nena Price,Member of the Los Altos Hills Community Relations Committee,
said she agreed with the previous two speakers.
Kathy Evans,Member of the Los Altos Hills Parks and Recreation Committee,
said she previously co-chaired the Community Relations Committee and that.
the two committees have very different charters.
Council discussion ensued. No action was taken.
B. Discussion on a User Utility Tax Measure(Mayor Harpootlian)
Mayor Harpootlian introduced the items on the user utility tax and Airbnb and
requested direction for staff time to be used to research a user utility tax.
Councildiscussion ensued.
Peter Evans,Los Altos Hills, asked about the financing options for a bond.
Allan Epstein, Los Altos Hills, described the franchise fees that utility companies
pay in Town.
Direction: Staff shall look into the franchise fee for California Water Service and
Purissilna Hills Water District to determine why a fee has not been charged.
Direction: Staff is authorized to review the Airbnb matter. City
Manager Cahill shall call Councilmember Corrigan's contact to see how Airbnb
and the Town can work together.
C. Discussion of Airbnb in Los Altos Hills (Vice Mayor Waldeck)
This item was heard in combination with Item 9.B.
D. Discussion on use of Comcast Cable Franchise Fees to Fund In-Street Cable
Installation for Serviceable Streets (Vice Mayor Waldeck)
Vice Mayor Waldeck introduced the topic.
City.Manager Cahill proposed a road map on this topic to discuss as part of the
budget study session.
Peter Evans,Los Altos Hills, asked about the Comcast franchise agreement.
There was Council consensus to discuss the topic as part of the budget process.
E. Request to Invite a LASD Board Member to Provide an Update on the Plans for
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the $150M Bond and Report on any.Proposed Parcel Tax Measures in 2016
(Councilmember Radford)
Councilmember Radford introduced the topic.
MOTION MADE AND SECONDED: Councilmember Radford moved to issue a.
formal request for members of the Los Altos School Board, Jeff Baier and Randy
Keynon to review with the City Council how they are planning to spend $150-
million-dollar bond and their plans to return to Los Altos Hills a tax measure for a
renewal of a property tax in November..The motion was seconded by Vice Mayor
Waldeck. .
Motion Carried 5 to 0:
AYES:. Mayor Harpootlian,Vice Mayor Waldeck, Councilmember Corrigan,
Councilmember Radford, Councilmember Spreen
NOES: None
ABSENT: None
ABSTAIN: None
F. Discussion of Councilmember Radford's Availability at the March City Council
Meeting(Councilmember Radford)
Councilmember Radford introduced the item.
MOTION MADE AND SECONDED: Councilmember Corrigan moved to
cancel the regular City Council meeting of March 17, 2016 and schedule a special
City Council meeting on Monday, March 21, 2016. 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
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10. ADJOURN
The meeting adjourned at 12:05 a.m.
Respectfully submitted,
Deborah Padovan
City Clerk
The minutes of the February 18, 2016 regular City Council meeting were approved s presented at
the May 19, 2016 regular City Council meeting.
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