HomeMy WebLinkAbout4/14/2012v Town of Los Altos Hills
City Council Special Meeting Minutes
Wednesday, March 14, 2012
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
Note: This document contains link that work in combination with the online version of the
Minutes.
CALL TO ORDER - CLOSED SESSION - 6:30 P.M.
A. Roll Call
Present: Mayor Larsen, Vice Mayor Waldeck, Council Member Mordo, Council
Member Radford, Council Member Summit
Absent: None
Staff: City Manager Carl Cahill, Planning Director Debbie Pedro, City
Engineer/Public Works Director Richard Chiu, Finance Director Nick
Pegueros, City Attorney Steve Mattas, Consultant Planner Cynthia
Richardson, City Clerk Deborah Padovan
CLOSED SESSION
CONFERENCE WITH LEGAL COUNCIL: ANTICIPATED LITIGATION
(Pursuant to Government Code Section 54956.9)
Exposure to Litigation: One Case
Adjourn to Closed Session
Report Out From Closed Session
City Attorney Steve Mattas stated that the Council had provided direction, but there was
no reportable action.
PUBLIC SESSION - 7:00 P.M. (Video Streaming will begin at 7.00 P.M)
A. Pledge Of Allegiance
1. AGENDA REVIEW
Mayor Larsen stated that the Item 8.A, Report from Committees will be moved to
immediately following Item 4, Presentations from the Floor.
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2. PRESENTATIONS AND APPOINTMENTS
A. Finance and Investment Committee Annual Report
Bill Silver, Vice Chair of the Finance and Investment Committee provided the
City Council with an annual report on the activities of the committee.
B. Anointment to the History Committee
Jitze Couperus, Los Altos Hills, stated that the Town owns some scrapbooks with
some historical cuttings that are deteriorating rapidly. He would like to photograph
the scrapbooks.
MOTION SECONDED AND CARRIED: Moved by Council Member Mordo
seconded by Vice Mayor Waldeck and passed unanimously to appoint Jitze
Couperous to the History Committee
C. Anpointment to the Pathways Committee
MOTION SECONDED AND CARRIED: Moved by Council Member Summit
seconded by Council Member Radford and passed unanimously to appoint David
Jessen to the Pathways Committee
3. CONSENT CALENDAR
Council Member Mordo requested that Item 3.D be pulled from the Consent
Calendar for discussion.
MOTION SECONDED AND CARRIED: Moved by Council Member Radford
seconded by Vice Mayor Waldeck and passed unanimously to approve the Consent
Calendar with the exception of Item 3.13,specifically:
A. Approval of Meeting Minutes: City Council Regular Meeting - February 16, 2012
B. Review of Disbursements: February 1, 2012 - February 29, 2012 $661,126.00
C. Resolution No. 9-12 Accepting Grant of a Pathway Easement; LANDS OF
EVANS 11641 Buena Vista Drive (Staff: R. Chiu)
E. Resolution No. 10-12 Accepting Dedication of Right -of -Way; LANDS OF NG
26480 Weston Drive (Staff. R. Chiu)
F. Approval of Agreement with the Pacific Ridge Pony Club (PRPC) for the Use
of Public Facilities at the Westwind Community Barn Property (Staff. D. Pedro)
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G. Notification of Planning Commission Approval: LANDS OF EVANS; 11641
Buena Vista Drive; File #162-11-ZP-SD; A request for a Site Development Permit
for hardscape improvements and landscape screening for a an estate home
approved on May 7, 2009. CEQA review: Categorical Exemption per Section
15304 (b)
H. LANDS OF HOMA NATOMA, 27270 Palomino Place; File #148-11-ZP-SD-GD;
A request for a Site Development Permit and a Grading Policy Exception for a
2,330 square foot swimming pool, pool decking, tennis court, and landscape
screening plan for the 25,273 square foot new residence approved by the Planning
Commission on August 5, 2010. A portion of the proposed swimming pool is
subject to a Grading Policy Exception for filling up to five (5) feet where three (3)
feet is the maximum allowed pursuant to the Town's Grading Policy.
CONTINUED FROM THE FEBRUARY 2, 2012 PLANNING COMMISSION
MEETING. CEQA Review: Categorical Exemption per Section 15303 (a) (staff -
Brian Froelich).
Planning Commission Vote:
1) 5-0 to approve the grading policy exception for a 2,330 swimming pool,
pool decking, and landscape screening plans.
2) 3-2 (Commissioner Harpootlian and Partridge -No) to approve the tennis
court in the original location as presented at the February 1, 2012 Planning
Commission meeting.
Appeal deadline: March 23, 2012
D. Item 3.D: Resolution 11-12 Acknowledgin bg ut Rejecting the Irrevocable Offer
of Dedication of Right -of -Way' LANDS OF EVANS 11641 Buena Vista Drive
(Staff: R. Chiu)
Council Member Mordo asked for clarification on why the Town acknowledges,
but rejects a right-of-way.
Public Works Director Richard Chiu explained the offer of dedication.
Further Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved bv Council Member Mordo
seconded by Council Member Radford and passed unanimously to approve
Consent Calendar Item 3.1)Resolution 11-12 Acknowled'n but Re'ectin the
Irrevocable Offer of Dedication of Right -of -Way; LANDS OF EVANS 11641
Buena Vista Drive.
4. PRESENTATIONS FROM THE FLOOR Persons wishin2 to address the Council
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
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March 14, 2012
previously adopted by the Council, such items can be referred to staff for
appropriate action, which may include placement on the next available agenda
There were no presentations from the floor.
The Council now heard Item 8.A - Reports from Committees Sub -Committees and Council
Members on Outside Agencies - Ad Hoc Committee on Fire Services Verbal Renort
8. REPORTS FROM COMMITTEES SUB -COMMITTEES AND COUNCIL
MEMBERS ON OUTSIDE AGENCIES
A. Ad Hoc Committee on Fire Services - Verbal Report (Vice Mayor Waldeck)
Vice Mayor Waldeck provided a report on the latest meeting of Ad Hoc
Committee on Fire Services.
David Bergman, President of the Los Altos Hills County Fire District, Los
Altos, stated that he welcomes a liaison, more Council input and outlined the
current nominating process.
Council discussion ensued.
Jitze Couperus, Board Member of the Los Altos Hills County Fire District, Los
Altos Hills, informed the Council that the sphere of influence for the Town and the
District does not match.
Further Council discussion ensued.
MOTION MADE AND SECONDED: Moved by Vice Mayor Waldeck, seconded
by Council Member Mordo to request the Board of Supervisors to change the
nomination process for fire commissioners and request nomination authori . for the
District which would allow the Council to view all applications and pass
recommendations on to the County
AYES: Mayor Larsen Vice Mayor Waldeck Council Member Mordo
Council Member Radford
NOES:
Council Member Summit
ABSENT:
None
ABSTAIN:
None
MOTION CARRIED.
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MOTION MADE AND SECONDED: Moved by Vice Mavor Waldeck seconded
by Council Member Radford to send a letter to impose term limits for two
consecutive terms for fire commissioners
AYES:
Mayor Larsen Vice Mayor Waldeck Council Member
Mordo, Council Member Radford
NOES:
Council Member Summit
ABSENT:
None
ABSTAIN:
None
MOTION CARRIED.
5. PUBLIC HEARINGS
A. PREZONING OF UNINCORPORATED OLIVE TREE HILL AREA; File # 134-
11-MISC. Prezoning 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, encompassing2_ 4809
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 CEOA
Review: Mitigated Negative Declaration; and Introduction of an Ordinance of the
City Council of the Town of Los Altos Hills Amending the Zoning Map to Ap lw
the Zoning Designation of R -A (Residential -Agricultural) on Approximately
Acres of Land Located on Stonebrook Drive Olive Tree Lane and Northcrest
Lane, Bounded by the Town of Los Altos Hills to the West North and East (Staff
D. Pedro
Consultant Planner Cynthia Richardson presented the staff report.
Mayor Larsen opened the PUBLIC HEARING.
Ted Wuerthner, Unincorporated Santa Clara County, stated that he was not in
favor of the annexation.
Anne Arjani, Unincorporated Santa Clara County, stated that the annexation
would negatively impact home values.
Frank Arjani, Unincorporated Santa Clara County, urged the Council not to
annex Olive Tree Lane.
Mike Gardner, Unincorporated Santa Clara County, spoke about concerns of
burglaries, trespassers and increased traffic in the event the annexation takes place.
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June Stough, Unincorporated Santa Clara County, stated the lots on Olive Tree
Lane are on steep hills and could not think of any advantages to having the Town
annex the properties there.
Udi Manber, Unincorporated Santa Clara County, stated that the last 14 lots on
Olive Tree Lane are different than the others and said that the roads are not safe
even if one car is parked.
Rachel Manber, Unincorporated Santa Clara County, shared her husband's
concerns about safety.
Frank Arjani, Unincorporated Santa Clara County, stated things would not
work the way the Town envisions.
Jasper Walia, Unincorporated Santa Clara County, stated that he was in favor
of annexation.
Jim Abraham, Los Altos Hills, shared that all the points and concerns the
residents have made are valid.
Eileen Gibbons, Chair of the Pathways Committee, Los Altos Hills, said she
thought the residents would want to know, potentially, where the pathways might
go in the neighborhood but has been unable to meet with any of them.
Mayor Larsen closed the PUBLIC HEARING.
Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved by Council Member Summit
seconded by Council Member Mordo and passed unanimously to adopt the
negative declaration and waive reading and introduce the ordinance to prezone the
unincorporated Olive Tree Hill pocket to the residential agricultural zoning district
and direct staff to initiate annexation of the 25 parcels in the unincorporated Olive
Tree Hill pocket and engage residents in the process
Council recessed at 9:25 p.m.
Council Reconvened to Open Session at 9:32 p.m.
B. PREZONING OF UNINCORPORATED LA LOMA DRIVE AREA; File # 42-
12-MISC. Prezoning of one unincorporated parcel (8.1 acres) bounded by the
Town of Los Altos Hills to the west north and east and to the south by an
unincomorated portion of Santa Clara County encompassing 25355 La Loma
Drive. CEQA Review: Mitigated Negative Declaration: and Introduction of an
Ordinance of the City Council of the Town of Los Altos Hills Amending the
Zoning Map to Apply the Zoning Designation of R -A (Residential -Agricultural)
on Approximately 8. 10 Acres of Land at the End of La Loma Drive Bounded by
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the Town of Los Altos Hills to the West, North, And East (Staff. D. Pedro)
Consultant Planner Cynthia Richardson presented the staff report.
Mayor Larsen opened the PUBLIC HEARING.
Joe Kennedy, Unincorporated Santa Clara County, stated that he has been living
happily without city services and does not want to be a part of the city.
Council discussion ensued.
Jim Abraham, Los Altos Hills, stated that this property is not a little island in the
middle of the Town and that should be taken into consideration.
Further Council discussion.
Jim Abraham, Los Altos Hills, pointed out that the master pathway map shows
three pathways on Mr. Kennedy's property and La Loma in its entirety is a private
road beginning at Prospect.
Joe Kennedy, Unincorporated Los Altos, said for as long as he owns his home
and if he gets annexed, he will not apply for any type of permit.
40 Mayor Larsen closed the PUBLIC HEARING.
Further Council discussion.
MOTION SECONDED AND CARRIED: Moved by Vice Mayor Waldeck,
seconded by Council Member Mordo and passed unanimously to adopt the
negative declaration and waive reading and introduce the ordinance to prezone the
unincorporated La Loma Drive pocket to the residential agricultural zoning district
and direct staff to initiate annexation of the one parcel in the unincorporated La
Loma Drive pocket.
C. LANDS OF WADHWANI RED ORCHID BLUE ORCHID AND PEFLEY
(APPLICANT: ROMESH WADHWANI), 26170, 26238, and 26240 West
Fremont Road 26169 Maurer Lane; File # 163-11 239-11 234-11 SD -GD -IS -
ND -VAR, 235 -11 -EP. a site development application for the Barron Creek
Channel Flood Control and Realignment Project including a new driveway access
for 26238 Fremont Road and setback variance for paths and bridge crossings;
CEQA Review: Mitigated Negative Declaration (Staff: D. Pedro)
Consultant Planner Cynthia Richardson presented the staff report.
Council discussion ensued.
Mayor Larsen opened the PUBLIC HEARING.
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040
Dr. Wadhwani outlined the project before the Council.
Dave Pefley, Los Altos Hills, spoke in favor of the project.
Sue Welch, Open Space Committee Member, Los Altos Hills, clarified the Open
Space Committee's comments that the creek is actually considered a creek, not a
drainage ditch.
Nancy Couperus, Open Space Committee Member, Los Altos Hills, stated
concerns about maintaining the 25 feet structure setback on the west side of the
creek.
City Attorney Steve Mattas stated that the request for the modification of the
setback on the west side of the creek is not currently before the Council. He
recommended that the Council not make any comments about the setback on the
west side of the creek as it could come back in the future, and the Council would
want to reserve the opportunity to hear testimony at that point and then make a
determination.
Eric Clow, Los Altos Hills, stated that this is an extremely unique situation in that
the land on both sides and the culverts at both ends are owned by the same person.
Gary Sawka, Los Altos Hills, appreciated that Dr. Wadhwani bought the
properties and was in support of the project.
Pat Ley, Chair of the Environmental Design and Protection Committee, Los
Altos Hills, stated that culverts don't stop wildlife, they encourage it.
Mayor Larsen closed the PUBLIC HEARING.
Council discussion ensued.
Eric Biland, Engineer to Applicant, responded to questions from the Council.
Dr. Wadhwani also responded to questions from the Council.
MOTION MADE AND SECONDED: Moved by Vice Mayor Waldeck,
seconded by Council Member Radford and passed unanimously to approve the
project as stated.
City Attorney Steve Mattas recommended the motion be stated to read as follows.
MOTION AMENDED, SECONDED AND CARRIED: Moved by Vice Mayor
Waldeck, seconded by Council Member Radford and passed unanimously to
amend the previous motion and adopt the miti atg ed negative declaration and
gpprove the three requested site development permits for flood control and
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realignment project based on the environmental document and subject to the
conditions of approval and mitigation measures as shown in the initial study,
including the modification revising Condition #7 and to approve the requested
variance to locate the three, eight foot wide bridges and paths within the 30 foot
property line setback based on the findings of approval in Attachment 3 as
modified.
6. UNFINISHED BUSINESS
A. Town Goals 2012 - Personal and Public Safety for All Residents
1. Update on the Fremont Bike Path/Safe Routes to School (VERBS) (Staff. R. Chiu)
Public Works Director Richard Chiu provided an update on the Fremont Road
Bike Path Project.
2. Update on the Arastradero Path (Staff. R. Chiu)
Public Works Director Richard Chiu provided an update on the Arastradero
Path project.
3. Traffic Safety Committee Report (Council Member Summit)
Council Member Summit provided an update of the first meeting of the Traffic
Safety Committee.
4. Buena Vista Intersection (Staff. R. Chiu)
Public Works Director Richard Chiu provided an update of the Buena Vista
intersection.
Council discussion ensued.
MOTION SECONDED AND CARRIED: Moved by Vice Mayor Waldeck,
seconded by Mayor Larsen and passed unanimously to place a convex mirror at
the Buena Vista Intersection with Page Mill Road and Moody Road.
7. NEW BUSINESS
A. Annexation and Sewer Service Policy Discussion with Regard to the
Eastbrook/Magdalena Neighborhood (Staff. D. Pedro)
Planning Director Debbie Pedro and Public Works Director Richard Chiu
jointly presented the staff report.
Council discussion ensued.
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Owen Halliday, Los Altos, said he represents the Jackle Family and stated that a
lot of the assumptions on flow are based on just that, assumptions.
Council discussion continued.
Forrest Linebarger, Unincorporated Santa Clara County, stated that he was
issued sewer rights for three properties in 2005 by a previous Public Works
Director.
MOTION SECONDED AND CARRIED: Moved by Council Member Mordo,
seconded by Vice Mayor Waldeck and passed unanimously to grant Mr.
Linebarger the additional connection that he will be required to pay for.
Kirk Mahncke, Los Altos, stated that he represents the buyer on Mr. Jackle's
property and due to the sewer issue, the value of the property has been reduced by
approximately 50 percent.
MOTION MADE AND SECONDED: Moved by Council Member Radford,
seconded by Council Member Mordo to approve the two additional connectoins
consistent with the policies for the Winding Wayproperties.
AYES: Mayor Larsen, Vice Mayor Waldeck, Council Member Mordo,
Council Member Radford
NOES: None
ABSENT: None
ABSTAIN: Council Member Summit
MOTION CARRIED.
DIRECTION: Hold off on Option 4 and pursue Option 5 which is to direct staff to
prepare a proposed sewer connection policy for properties within the Los Altos
Sanitary Sewer and Capacity Acquisition District and return to Council for review
and approval prior to issuing any additional sewer capacity rights.
B. Ad Hoc Blue Ribbon Education Committee - Verbal Report (Council Member Radford)
Council Member Radford provided a report on the meeting of the Ad Hoc Blue
Ribbon Education Committee. After the meeting the Ad Hoc Blue Ribbon
Education Committee was disbanded.
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9. STAFF REPORTS
No staff reports were presented.
10. COUNCIL INITIATED ITEMS
A. Next Steps Regarding a Joint Los Altos Hills/Los Altos Senior Center
(Council Member Mordo)
Council Member Mordo provided a verbal report on the Los Altos plan.
11. ADJOURNMENT
The meeting adjourned at 12:25 a.m.
Respectfully submitted,
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Deborah Padovan
City Clerk
'T'he Tninutes of the March 14, 2012 special City Council meeting were approved as presented at
the April 19, 2012 regular City Council meeting.
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