Page 1 TOWN OF PORTOLA VALLEY 7:30 PM – Special Joint Meeting of the Town Council and the Emergency Preparedness Committee Wednesday, May 29, 2013 Historic Schoolhouse 765 Portola Road, Portola Valley, CA 94028 _____________________________________________________________________________ SPECIAL JOINT MEETING AGENDA 7:30 PM – CALL TO ORDER AND ROLL CALL Councilmember Aalfs, Councilmember Derwin, Councilmember Driscoll, Vice Mayor Wengert, Mayor Richards ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject may do so now. Please note however, that the Council is not able to undertake extended discussion or action tonight on items not on the agenda. CONSENT AGENDA The following items listed on the Consent Agenda are considered routine and approved by one roll call motion. The Mayor or any member of the Town Council or of the public may request that any item listed under the Consent Agenda be removed and action taken separately. (1) Approval of Minutes – Regular Town Council Meeting of May 8, 2013 (3) (2) Approval of Warrant List – May 22, 2013 (27) (3) Proclamation of the Mayor - Honoring John “Skip” Struthers on his Retirement and Thirty-Three years of (36) Dedicated Service to the Town of Portola Valley (4) Recommendation by Sustainability and Special Projects Manager – Approve the Required Next Steps to (37) Implement the Eight-Week Trial Period of a Farmer’s Market (1) License Agreement with Farmers' Market Organizer to Manage an Eight-Week Trial Period (2) Resolution of the Town Council of the Town of Portola Valley Approving and Authorizing Execution of an Agreement Between the Town of Portola Valley and Maggie Foard (3) Agreement with Christ Church for Limited Use Parking (4) Resolution of the Town Council of the Town of Portola Valley Approving and Authorizing Execution of an Agreement Between the Town of Portola Valley and Christ Church (5) Notice of Exemption (5) Recommendation by Town Attorney – Response to the San Mateo County Grand Jury - re: “Water (49) Recycling – An Important Component of Wise Water Management” REGULAR AGENDA (6) Recommendation by Emergency Preparedness Committee – Emergency AM Radio Installation and Policy (71) (7) Recommendation by Town Manager – Approval of Mid-year Budget Amendment (82) COUNCIL, STAFF, COMMITTEE REPORTS AND RECOMMENDATIONS (8) Appointment by Mayor – Request for Appointment of Member to the Sustainability Committee (83) (9) Reports from Commission and Committee Liaisons (85) There are no written materials for this item. WRITTEN COMMUNICATIONS (10) Town Council Weekly Digest – May 10, 2013 (86) (11) Town Council Weekly Digest – May 17, 2013 (102) (12) Town Council Weekly Digest – May 24, 2013 (110) ADJOURNMENT Agenda – Town CouncilPage Meeting 2 May 29, 2013 Page 2 ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851-1700. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Portola Valley Library located adjacent to Town Hall. In accordance with SB343, Town Council agenda materials, released less than 72 hours prior to the meeting, are available to the public at Town Hall, 765 Portola Road, Portola Valley, CA 94028. SUBMITTAL OF AGENDA ITEMS The deadline for submittal of agenda items is 12:00 Noon WEDNESDAY of the week prior to the meeting. By law no action can be taken on matters not listed on the printed agenda unless the Town Council determines that emergency action is required. Non-emergency matters brought up by the public under Communications may be referred to the administrative staff for appropriate action. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). Page 3 PORTOLA VALLEY TOWN COUNCIL REGULAR MEETING NO. 859 May 8, 2013 Mayor Richards called the meeting to order at 7:30 p.m. and led the Pledge of Allegiance. Ms. Hanlon called the roll. Present: Councilmembers Jeff Aalfs, Maryann Derwin and Ted Driscoll; Vice Mayor Ann Wengert, Mayor John Richards Absent: None Others: Sharon Hanlon, Town Clerk Nick Pegueros, Town Manager Tom Vlasic, Town Planner Karen Kristiansson, Principal Planner Leigh Prince, Assistant Town Attorney ORAL COMMUNICATIONS Mayor Richards congratulated the community for the great level of civic participation, although he mentioned some unacceptable behavior in the parking lot after the Council meeting on April 24, 2013. CONSENT AGENDA (1) Approval of Minutes: Town Council Regular Meeting of April 24, 2013 [removed from Consent Agenda] (2) Ratification of Warrant List: May 8, 2013 in the amount of $144,417.37. (3) Recommendation by Town Manager: Adoption of a Resolution Establishing a Flexible Benefits Plan Document (Resolution No. 2588-2013) (a) Resolution of the Town Council of the Town of Portola Valley Adopting the Cafeteria Flexible Benefit Plan Document (4) Recommendation by Town Attorney: Adoption of Resolution Accepting a Gift of Open Space Lot in Blue Oaks Subdivision (Resolution No. 2589-2013) (a) Resolution of the Town Council of the Town of Portola Valley Accepting the Grant Deed from Buck Meadow, LLC, and Authorizing the Execution of the Agreement and Declaration of Covenants Between the Town of Portola Valley and Blue Oaks Homeowners Association. (5) Request from the Emergency Preparedness Committee: Referral of the Emergency AM Radio Antenna to the Architectural and Site Control Commission for Comment By motion of Councilmember Driscoll, seconded by Vice Mayor Wengert, the Council approved Consent Agenda Items 2-5 with the following roll call vote: Aye: Councilmembers Aalfs, Derwin and Driscoll; Vice Mayor Wengert, Mayor Richards. No: None (1) Approval of Minutes: Town Council Regular Meeting of April 24, 2013 [removed from Consent Agenda] 1 Page 4 Councilmember Driscoll moved to approve the minutes of the April 24, 2013, Town Council meeting, as amended. Seconded by Councilmember Aalfs, the motion carried 5-0. REGULAR AGENDA (6) Public Hearing: Town Council Review of the Amendment to Conditional Use Permit X7D-30, consisting of a parcel merger and expansion of athletic facilities with new track and artificial turf infill at the Woodside Priory School at 302 Portola Road and Initial Study/Mitigated Negative Declaration, specifically regarding only whether the proposed use of artificial turf will be in harmony with the general purpose and intent of the zoning ordinance [7:35 p.m.] Ms. Kristiansson said the Town Council would consider the information in the Planning Commission record and the written staff report for tonight’s meeting, as well as comments made during the public hearing, to determine whether the artificial turf proposed for the Priory’s track and field project is consistent with the general purpose and intent of the Town’s Zoning Ordinance and General Plan. As stated in the staff report, she said, this doesn’t mean it must be consistent with every sentence of those documents, but whether it’s consistent with the overall vision for the community they set forth. According to Ms. Kristiansson, the applicant was advised early in the process that this issue could be a difficult one and including artificial turf in the application would likely increase the time needed to act on the application. As the staff report explains, at this point it isn’t a technical question but a matter of value judgment and interpretation. Staff believes that either interpretation could be supported, given a reading of the General Plan. After tonight’s public hearing, Ms. Kristiansson continued, the Council will have to determine whether the majority of the Town Council support the interpretation that artificial turf would be consistent or inconsistent with the General Plan. The Town Council will then have three sets of actions to consider. If the majority believes artificial turf is consistent with the General Plan, the Council should affirm the decision of the Planning Commission, using the resolution in Attachment B of the staff report. If the majority believes artificial turf is not consistent with the General Plan, the Council will need to decide whether the environmental documents are adequate under CEQA. As explained in the Staff Report and previous meetings, the standards for CEQA differ from the Town’s standards for conditional use permit (CUP) findings. CEQA standards are limited to environmental impacts only and are much narrower in scope than the Town’s finding for consistency with the General Plan, Finding 6. As a result, the Town Council could adopt the environmental documents as adequate under CEQA, but determine that the Council could not make the required findings for a CUP for the project with the artificial turf. In that case, the Council could add a condition to prohibit the use of artificial turf to the CUP. The resolutions supporting these actions are in Attachment C of the staff report. The Town Council could determine the environmental documents aren’t adequate and should be revised to indicate the artificial turf could have potentially significant impact under CEQA and that additional mitigation measures to prohibit the use of artificial turf are needed. If this were the direction of the Council, the environmental documents would need to be revised and publicly re- circulated for 30 days. The Town Council would then need to hold another public hearing to consider comments on the revised environmental document and on the artificial turf before acting on the environmental document and the project.