HomeMy WebLinkAbout12/18/2003 Meeting Minutes
December 18, 2003
Town of Los Altos Hills
City Council Regular Meeting
Thursday, December 18, 2003, 6:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Cheng called the Regular Meeting of the City Council to order at 6:00 p.m. in the
Council Chambers at Town Hall.
Present: Mayor Cheng, Mayor Pro Tem O'Malley, Councilmember Breene Kerr
and Councilmember Dean Warshawsky (Mayor Cheng departed at 6:50
p.m. Participated in voting on Agenda Items 4.1 and 11.1)
Absent: Councilmember Bob Fenwick
Staff: City Manager Maureen Cassingham, City Attorney Steve Mattas, Planning
Director Carl Cahill, Administrative Services Director Sarah Joiner,
Acting City Engineer David Ross, and City Clerk Karen Jost
Press: Tim Seyfert, Los Altos Town Crier and Kaye Ross, San Jose Mercury
News
• MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by
Warshawsky and passed unanimously to limit the length of time for public comments to
three minutes.
Councilmember Warshawsky noted that Sheriff Deputy Pete Evangel was retiring and
this would be his final City Council meeting. Warshawsky expressed his gratitude for the
outstanding service he had provided to the Town. Council concurred and thanked Deputy
Evangel.
2. APPOINTMENTS AND PRESENTATIONS
3. PLANNING COMMISSION REPORT
4. CONSENT CALENDAR
MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by
Warshawsky and passed unanimously,to approve the consent calendar, specifically;
4.1 Approval of Minutes: Regular City Council Meeting December 4, 2003
• 4.2 Review of Disbursements: 11./24/2003 — 12/05/2003 $8,530.93
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4.3 Approval of a Request for a Site Development Permit for Extension:New
• Residence; Lands of Do; 24018 Oak Knoll Circle
4.4 Notification of Fast Track Approval. A Request for a Site Development
Permit for a Major Addition/Remodel and Sport Court; Lands of Nagarai,
25769 Elena Road, (51-03-ZP-SD-GD)
4.5 Approval of Extension of Agreement with Vavrinek, Trine, Day& Co. for
Auditing Services
4.6 Rejection of Claim—Lynda Marie Carrol and Wade Langill
4.7 Rejection of Claim—Purissima Hills Water District
5. UNFINISHED BUSINESS
5.1 Update on Mayor's Goals
5.1.1 New Town Hall—Status Report
Councilmember Kerr reported that the New Town Hall project is moving forward and is
projected to go to bid in February/March. The Committee is soliciting comment on the
proposed layout of the Council Chambers. Councilmember Kerr noted that he expects to
return to Council in January with a formal presentation of the Green Energy Program that
is intended to enhance the energy efficiency for the new Town Hall facility.
• 5.1.2 Undergrounding of Utilities—Status Report
Councilmember Warshawsky reported that the Committee will be meeting with Godbe
Consultants to "kick-off' the Undergrounding telephone survey in early January. The
first draft from R. W. Beck consultants is being reviewed by the Committee and
Warshawsky expects a deliverable product by the end of January. He expects the report
to offer a better understanding of project costs associated with the undergrounding of
utilities.
5.1.3 Master Pathway Map—Status Report
Chris Vargas, Pathways Committee Chairman
Council had before them the "Project Plan for the Master Pathway Plan Update Process"
prepared by the Pathways Committee. Mayor Cheng noted that that Council would
accept the report, however, would agendize it for consideration and discussion at the
January 15, 2004 Regular City Council meeting before the full Council.
Chris Vargas, Pathways Committee Chair, concurred and noted that he would entertain
any questions the Council might have regarding his report.
Council discussion ensued. , Council agreed that they had concerns with the proposal
including the sweeping scope of the plan and that the proposal exceeding the expectations
of Council to develop an accurate off-road pathways map. They suggested that the plan,
to be successful and supported by the community, should be simple.
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December 18,2003
Planning Director Cahill offered to work with Vargas. He explained that many of the
guidelines could potentially qualify as General Plan amendments and would be
incorporated into the General Plan Pathway Element. Staff would like the opportunity to
review the guidelines to ensure that they are consistent with the 1996 Element.
Council agreed to schedule this item for the January 15, 2004 City Council Meeting for
further discussion and consideration.
5.1.4 Storm Water Master Plan—Status Report
Acting City Engineer David Ross reported that the reported that the final draft of the
report is expected to be completed by the end of January. Councilmember Kerr requested
that the report include information on drainage at Bullis School/Bullis Park site. Ross
noted the request.
5.1.5 Visit to China to Explore Business Opportunities—Status Report
Mayor Cheng introduced Sam Zhang, US-Asia International Exchange Association. Mr.
Zhang presented a brief summary of the proposed Los Altos Hills and Silicon Valley
Business and Trade Mission Trip to China. Highlights included the itinerary, mission
goals, and background descriptions of the cities to be visited. Dates of the excursion are
April 16, 2004-April 25, 2004. Participants would be limited to Los Altos Hills residents.
Zhang noted that the cities of Milpitas and Sunnyvale have been participants in prior
excursions to China sponsored by the US-Asia International Exchange Association.
• Mayor Cheng requested that this item be scheduled for the next City Council meeting for
consideration by Council.
6. NEW BUSINESS
6.1 Consideration of Appointment of Councilmember(s)to Cable Franchise
Negotiating Team
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Kerr and
passed unanimously to appoint Councilmember Fenwick to the Cable Franchise
Negotiating Team.
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
8. STAFF REPORTS
8.1 City Manager
8.1.1 Vehicle License Fees Update—Administrative Services Director
Administrative Services Director Joiner commented that it has been reported that the
Governor had restored the VLF Backfill tonight after 5 pm. She noted that the situation is
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December 18,2003
really to fluid to make any clear predictions on future funding. Joiner will return to
Council in January with a more definitive report.
• 8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
9. COUNCIL-INITIATED ITEMS
9.1 Consideration of Endorsement of the Budget Accountability Act/ California
League of Women Voters—Mayor Pro Tem O'Malley
Councilmember O'Malley explained that he had been asked by the League of Women
Voters to introduce this item to the Council for consideration. He requested that it be
continued to the January 15, 2003 City Council meeting to be discussed and considered
by the full Council.
9.2 Request from Los Altos School District for Appointment of Council
Representative to the District Citizen's Advisory Committee for Finance—
Mayor Cheng
Councilmember Kerr suggested that it would be appropriate for the Council to consider
appointing a representative that would have a background and familiarity in financial
matters. He noted that a citizen representative would probably prevent conflicts of
interest that could arise with a Councilmember serving on the Advisory Committee.
Councilmember Kerr hoped that Council would consider Doug Ahrens who has
expressed an interest in serving on the Advisory Committee. Kerr has met with Ahrens
and believes he would be a good representative.
Doug Ahrens, W. Sunset Drive, addressed Council. He has been a resident of the Town
for eight years. He is the Executive Director of Finance at Maxim.Integrated Products.
Ahrens has an MBA from Harvard. He is volunteering for the position and will strive to
serve as an unbiased representative.
Council interviewed Ahrens. Mayor O'Malley explained that it is important to represent
the Town in a positive manner
MOTION SECONDED AND CARRIED: Moved by Kerr, seconded by Warshawsky and
passed unanimously to appoint Doug Ahrens to the District Citizen's Advisory
Committee for Finance as the representative from Los Altos Hills.
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10. PRESENTATIONS FROM THE FLOOR
Jitze Couperus, Page Mill Road, updated the Council on the recent progress made by the
Adobe Creek Watershed Collaborative Group and the Santa Clara Valley Water District.
He reported that the last meeting had been very productive and included representatives
from several regulatory agencies. He expects the proposed project plan to move forward
to the District Board in April. Couperus thanked City Manager Cassingham for her
support and efforts on the project and attendance at the meetings.
Steve Hubbell, Chairman Public Education Committee, requested that a status report
from his Committee be agendized for the next City Council meeting.
John Harpootlian, Anacapa Drive, informed Council that the sewer problem that he had
reported at the last meeting has hopefully been resolved. Harpootlian added, referring to
the trip to China, that Council should ensure that if the price of the trip is below market-
value rate, it be reported as a gift.
Captain John Hirokawa, Santa Clara County Sheriff's Department, wished the Council
and staff Happy Holidays. He introduced Deputy Pete Evangel who is retiring after 30
years of service with the Department.
Deputy Pete Evangel, Santa Clara County Sheriff's Department, addressed Council. He
thanked the Council and staff for having the Sheriffs Department as their police force.
Evangel began his career with the Town of Los Altos Hills and he will be finishing his
• career with his tour in the Town. He expressed his appreciation to City Manager
Maureen Cassingham for her support and commended her leadership for the Town. He
thanked staff and acknowledged that he will miss Los Altos Hills when he retires.
Council thanked Deputy Evangel for his service to the community and wished him well
in the future.
11. PUBLIC HEARINGS
11.1 Consideration of Proposed Lease with the Friends of Westwind, Inc. for
Westwind Barn and Byrne Pasture
Councilmember Warshawsky stepped down from consideration of this item due to a
conflict of interest created by the proximity of his property to Westwind Barn.
City Manager Cassingham introduced this item. Council had before them the proposed
lease for Westwind Barn and Byrne Pasture. She explained that both parties desire a new
lease with the integration of a pasture agreement. Negotiation participants have included
Mayor Pro Tem O'Malley, Cassingham, Dan Alexander and Susan Dunn, representatives
from the Friends of Westwind, Jimmy Forbis, Parks and Recreation Supervisor, and
Karen Bergh, Parks and Recreation Committee member and Elaine Nelson, on behalf of
the Supporters of Westwind.Nelson participated as an observer.
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The proposed lease essentially mirrors the current lease with the monetary terms
continuing with the stated CPI escalator adjustor for the rent. The notable exception is the
• term of the lease. Cassingham explained that the Friends had originally requested a
twenty-five year lease but find the proposed terms acceptable. The initial ten year lease
can be reviewed by a request of either parry and if no review, the lease would
automatically renew for another ten years on the applicable third anniversary.
Cassingham called Council's attention to Exhibit C which details references of a service
relationship between the Town's Parks and Recreation Department and the Friends that is
mutually acceptable to both parties..
OPENED PUBLIC HEARING
Dan Alexander, 27200 Elena Road, Westwind Community Barn Board of Directors,
thanked the negotiating committee and staff for their time and efforts. He noted that the
rolling lease satisfies their expectations as a tenant. He reported that the Board of
Directors had accepted the conditions and language of the lease.
Elaine Nelson, Supporters of Westwind Community Barn, alerted Council to a"fantastic"
article in the San Francisco Chronicle on Westwind Community Barn. Nelson added that
there may be a minor language modification request forwarded by the Supporters but they
are very pleased with the proposed lease.
CLOSED PUBLIC HEARING
• Mayor Pro Tem O'Malley thanked City Manager Cassingham and Parks and Recreation
Supervisor Jimmy Forbis for their efforts on the lease. He summarized the many valuable
services the Friends of Westwind have provided the Town. They have maintained the
Barn at no cost to the Town. They have opened the facility to the Pony Club, Los Altos
Hills Horseman's Association, Los Altos Hills Parks and Recreation summer camps and
the 4H Handicapped-Riding program. The Friends have raised funds of$50,000 for the
lower arena and $20,000 twice to improve the upper arena and have served as
commendable stewards of the Barn. O'Malley is impressed that the negotiating team has
been able to come to agreement of terms that are amenable to all parties.
MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Kerr and
passed unanimously to approve the proposed lease agreement with the minor changes
noted to 5.7 Construction Activities, the term of ten (10) years with the three year
automatic renewal and the rates as stated that mirror the lease rates.
11.2 Consideration of a Request to Vacate Existing Pathway Elements #1,2,3,4 and
Offer to Dedicate Two New Pathway Easements; Lands of Kerns, 11885 and
11888 Francemont Drive
Councilmember Warshawsky requested clarification on why this item. is before Council
this evening and questioned if it would not be more resourceful and effective to discuss
• this request at the time that the updated Pathways map is before Council for
consideration.
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City Attorney Steve Mattas explained that this item had been set for a Public Hearing
before Council because the applicant has brought it forward through the Pathways
Committee review and the Planning Commission hearing process. Mattas noted that the
applicant is requesting that the item be continued to the January 15, 2003 Regular City
Council Meeting.
Planning Director Cahill explained that Council had set the Public Hearing to consider
the vacation of the easement by adopting Resolution 91-03 at their November 20, 3003.
He noted that Councilmember Warshawsky's questions would be addressed in the staff
presentation during the hearing.
OPENED PUBLIC HEARING
Bill Kerns, applicant, 11888 Francemont Road, addressed Council. He explained that he
is requesting a continuance because he is closing escrow on the sale of the lower lot.
Kerns noted that the pathway easement impacts both parcels and he would like the
opportunity to discuss the issue with the buyer. He would also like additional time to
meet with the Pathways Committee to resolve the Pathways location issue. Kerns offered
to have the Committee meet at his site.
Chris Vargas, Pathways Committee Chair, noted that he would attempt to schedule a
Special Meeting of the Committee on the applicants site and would notify the City Clerk
in a timely manner to allow the proper noticing.
MOTION SECONDED AND CARRIED: Moved by Warshawsky, seconded by Kerr
and passed unanimously to continue the Public Hearing on the request to vacate existing
pathway elements #1,2,3,4 and offer to dedicate two new pathway easements; Lands of
Kerns, 11885 and 11888 Francemont Drive to the January 15, 2004 dependant on the
Pathways Chair getting the meeting information to the City Clerk by December 29, 2003.
12. CLOSED SESSION
City Manager Cassingham advised Council that the Town has not received a response
from the Purissima Hills Water District to the Council's position letter that was hand
delivered to them by her on December 10, 2003.
Council cancelled the Closed Session.
CLOSED SESSION: Pursuant to Government Code Section 54956.8: Conference with
Real Property Negotiator-
Property: —APN 175-56-3
Agency Negotiators: Maureen Cassingham and Steve Mattas
Negotiating Parties: Town of Los Altos Hills and Purissima Hills Water District
Under Negotiation: Terms and Conditions related to Lease of Property
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13. ADJOURNMENT
There being no further business,the Regular City Council Meeting was adjourned at 7:50
p.m.
Respectfully submitted,
Karen Jos
City Clerk
The minutes of the December 18, 2003 Regular City Council Meeting were approved at
the January 15, 2004 Regular City Council Meeting.
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