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HomeMy WebLinkAbout09/05/2002 Minutes of a Regular Meeting `r September 5, 2002 Town of Los Altos Hills City Council Regular Meeting Thursday, September 5, 2002, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Fenwick called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Fenwick and Councilmembers Cheng, Finn and O'Malley Absent: Councilmember Casey Staff: City Manager Maureen Cassingham, City Attorney Steve Mattas, Planning Director Carl Cahill, City Engineer/Public Works Director Mintze Cheng, Public Safety Officer Steve Garcia and City Clerk Pat Dowd MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by O'Malley and passed unanimously by all members present to limit the length of time for public comment to three minutes. Mayor Fenwick welcomed the new City Attorney Steve Mattas with the firm of Meyers, Nave, Riback, Silver and Wilson. The City Manager noted that Mr. Mattas also served as the City Attorney in Milpitas and South San Francisco. He was very well respected and had impeccable credentials. Mr. Mattas thanked the Council both personally and on behalf of the law firm. He commented that he was looking forward to working in Los Altos Hills. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Items Removed: 4.1 (Fenwick) and 4.5 (O'Malley) MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: September 5, 2002 Regular City Council Meeting 1 4.2 Approved Warrants: $726,746.42 (8/9/02—8/30/02) 4.3 Award of contract for Pathway Grant Consultant—Council agreed with staff recommendation to use in-house staff to identify pathway construction projects 4.4 Concurred with Fast Track Application: approved by the Planning Director: Lands of Ferrari, 12100 Old Snakey Road: request for a new residence 4.6 Approved agreement with CSG Consultants, Inc. for contract building plan check and inspection services—Reso#89-02 4.7 Awarded contract for 2002 Sanitary Sewer Cleaning and Video Inspection Project, CIP 02-03 —Reso #90-02 4.8 Granted request from Emergency Communications Committee to change the time and date of their meeting to the first Tuesday of the month at 7:30 p.m. Items Removed: 4.1 Approval of Minutes: August 15, 2002 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously by all members present to approve the minutes of the August 15, 2002 Regular City Council Meeting with the following corrections: on pages 6, 9 and 13 change `Ann Dewey' to `Ann Duwe' and on page 11 change `Bob Weyman' to `Bob Wayman'. 4.5 Endorsement of the Keep Los Altos Schools Strong (KLASS) sponsored measure on the November ballot O'Malley asked for some clarification of what schools in Town were affected by this parcel tax. Eric Clow, Los Altos School District Citizens Advisory Committee for Finance, stated that only those in the Los Altos School District would be affected. He also urged Council's support of this much needed measure. John Harpootlian, 26435 Anacapa, asked if it was going to be on the November ballot and Mr. Clow responded that it would. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously by all members present to endorse the Keep Los Altos Schools Strong (KLASS) sponsored measure on the November ballot September 5, 2002 Regular City Council Meeting 2 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals (1) Break ground for the new Town Hall,partially funded by donations The second agreement with the architect was approved at the August 15th Council Meeting. The architectural firm is proceeding to finish the working drawings for the project followed by the prequalification of bidders and award of bid process later this year. The fundraising package is also being put together. (2) Undergrounding of utility wires in Los Altos Hills The decision was made at the 8/1/02 meeting not to put this on the November ballot. This issue will be discussed in the future as a possible ballot item next year. The Mayor will be reintroducing his earlier proposal on undergrounding later this year. (3) Complete the update process for an accurate 2002 master pathway map The Master Path Plan will be going to the Planning Commission on 9/26/02 for public hearing as part of the General Plan amendment process. (4) Consider the possibility of adopting a view ordinance for the Town Staff is reviewing view ordinances from other cities including Tiburon. 5.2 Response to annexation and sewer connection requests from county unincorporated areas (West Loyola and Mora Heights) Mr. Lawrence Hall, Los Altos, reiterated that per the 1961 agreement between Los Altos, Los Altos Hills and the County all parties should be treated equally regarding sewer rights. Mr. Hall also stated that the property under discussion was virtually condemned because of the faulty septic system and it was essential that the owner obtain a sewer connection. He was asking that Council provide them with the list of those who might want to sell their connections. He was also asking that Council adopt a resolution supporting sewer service at 23270 Mora Heights Way. The City Manager noted that there was a limited number of remaining connections and preference should be given to the Town's residents. She also commented that the currently there was not an annexation policy in place and Council might want to consider adopting one. September 5, 2002 Regular City Council Meeting 3 Mr. Rich Larsen, Los Altos, stated that he had gone to Los Altos and to the County and both said that unless they had a resolution or formal-request from Los Altos Hills they would not consider his request to initiate annexation proceedings for the West.Loyola area. Mr. Larsen stated that it.was their intention to annex to the Town and he would like a letter sent by the Council to the County supporting that endeavor. Enrique Klein, 10710 Mora Drive, concurred with Mr. Hall. He further stated that while the issue of capacity rights might be pending he did not think this should be an impediment to supporting this one individual connection. John Husher, 27000 Almaden Court, noted that the house Mr. Hall was talking about was his. It was not liveable as it has a faulty septic system. He had agreed to pay for the sewer line but needed a connection. He believed there were still connection rights available and as part of the agreement between Los Altos, Los Altos Hills and the unincorporated area he believed he was entitled to one. He urged Council to be proactive- and to open up sewer connections that were available. Eric Clow, 27660 Central Drive, stated his support of the resolution supporting a sewer connection at 23270 Mora Heights Way. O'Malley believed it was the Council's responsibility to help the owner on Mora Heights get a sewer connection. Cheng concurred with O'Malley. Finn asked if there was any problem with adopting such a resolution regarding Mora Heights. The City Attorney responded that the applicant could try to get a connection in the next two weeks and if he was unable to he could come back to Council at the next meeting. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously by all members present to adopt Resolution#91-02 supporting sewer service at 23270 Mora Heights Way, Los Altos, California. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Finn and passed unanimously by all members present to send a letter from the Mayor to the Board of Supervisors and to the Local Agency Formation Commission advising them of the Town's possible interest in the future annexation of the West Loyola Drive neighborhood in the Town's Urban Sphere of Influence in the County unincorporated area. 5.3 Report on surface material for on-road pathways The City Engineer referred to her staff report which included a copy of Mr. Montgomery's suggestions. She noted that to date there had not been a significant number of complaints regarding the pathway materials currently being used. She did note however that some pilot projects could be initiated for erosion areas and also for some off-road paths. September 5, 2002 Regular City Council Meeting 4 DuBose Montgomery, Chairman—Pathways Committee, concurred with the staff report. • He noted they were looking at erosion issues on the paths, options other than the Type 2B path and paths that could be used for different interests, such as bicyclists. Eric Clow, 27660 Central, supported paths one could walk on in winter and also stressed the safety issue of paths. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Cheng and passed unanimously by all members present to direct the City Engineer to work with the Pathways Committee on alternate pathway material usage and locations. 5.4 Discussion of results of request for proposals for Emergency Plan development Steve Garcia, Public Safety Officer, presented his report which included the recommendation that the Town's Emergency Plan be completed by him rather than a consulting firm. The proposals received for this project ranged from $12,000 to $50,000 and he believed it could be done in-house much more reasonably. If Council concurred, he would bring this Emergency Plan to them at their 10/17/02 Council.Meeting. PASSED BY CONSENSUS: To concur with the recommendation that the Town's Emergency Plan be prepared by the Town's Public Safety Officer. 6. NEW BUSINESS 6.1 Approval of Secondary Unit Survey for Housing Element Update MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously by all members present to direct staff to mail the secondary unit survey and letter to all property owners in the Town. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Community Relations Committee Fenwick reminded everyone that the Newcomers' Parry was scheduled for September 22nd at Town Hall. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Emergency Preparedness Training S September 5, 2002 Regular City Council Meeting 5 The City Manager noted that an Emergency Preparedness Training was scheduled for October 2nd at Town Hall. Notice of this event was included in the newsletter and flyers • were being distributed to Bullis. The City Manager asked Council if they would agree to using the emergency email data base as an additional method of letting everyone know about this important meeting. PASSED BY CONSENSUS: Council concurred with the City Manager's request that the Town's emergency email data base be used as an additional method of letting everyone know about the 10/2/02 Emergency Preparedness Training. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL-INITIATED ITEMS 10. PRESENTATIONS FROM THE FLOOR Eric Clow, 27660 Central Drive, stated that his car had been broken into while it was parked on an off road path. He planned on filing a report with the Sheriff s Department. Mr. Clow strongly cautioned that there was crime in the Town on off road paths. • Mark Breier, 26359 Esperanza, distributed a handout to Council which showed their alternate design for the new Town Hall. He stated that their design was more rural, less expensive, and the old Town Hall could remain in place while their"L Design"was being built. He urged Council to put on hold the contract with the architect and to send out a Town-wide mailing showing both designs, indicating the benefits of both and asking for public comment. Eric Clow, 27660 Central, commented that he much preferred the stucco design of Goldman Architects over the design brought forward by Mr. Breier. Mr. Clow also believed the Goldman design to be the more cost effective option. Jim Downey, 26000 Newbridge, supported the new design. He believed the community would have a voice in this project if both designs were given to them and they were invited to comment. Mr. Downey thought the cost estimates for Town Hall were too high and the Town was violating its own height ordinances. He recommended putting this project to the vote of the people. DuBose Montgomery, 27464 Altamont Road, believed an excellent job had been done on the Town Hall project and the design was a good one. He urged Council to proceed. is September 5, 2002 Regular City Council Meeting 6 11. PUBLIC HEARINGS If you challenge the proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described below, or in written correspondence delivered to the City Council at, or prior to,the public hearing. 11.1 Introduction of Ordinance amending Section 10-2.1102 of the Los Altos Hills Municipal Code with regard to driveways (FIRST READING) The Planning Director noted that staff was recommending that the Council revise the ordinance before them to include a maximum driveway width standard of 14 feet. Bill Kerns, Planning Commissioner, stated that they had discussed the 14 foot maximum but had not reached a decision. Turnouts needed by the Fire Department were an issue. Eric Clow, Planning Commissioner, noted that other communities had a 14 foot width with the Fire Department's approval. He supported the fourteen foot maximum. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously by all members present to waive further reading and introduce the ordinance amending Section 10-2.1102 of the Los Altos Hills Municipal Code with regard to driveways with the added revision that the ordinance include a maximum driveway width standard of 14 feet. • 12. CLOSED SESSION: REAL ESTATE NEGOTIATIONS: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 26375 Fremont Road: Negotiators: Maureen Cassingham, City Manager, Steve Mattas, City Attorney: Under Negotiation: Lease 13. CLOSED SESSION: EXISTING LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9: IDC vs. Cupertino: Santa Clara Superior Court Case #CV793115 Negotiators: Maureen Cassingham, City Manager, Steve Mattas, City Attorney Council adjourned to a Closed Session on existing litigation at 7:40 p.m. and reconvened at 8:13 p.m. 14. REPORT OUT OF CLOSED SESSION: Council returned to open session to report, if necessary, any actions taken. No actions were taken. September 5, 2002 Regular City Council Meeting 7 15. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 8:15 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 5, 2002 Regular City Council Meeting were approved at the September 19, 2002 Regular City Council Meeting. September 5, 2002 Regular City Council Meeting 8