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HomeMy WebLinkAbout06/05/2003 Meeting Minutes June 5, 2003 Town of Los Altos Hills City Council Regular Meeting Thursday, June 5, 2003, 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 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Fenwick, Mayor Pro Tem Cheng and Councilmembers Kerr, O'Malley and Warshawsky Absent: None Staff. City Manager Maureen Cassingham, Assistant City Attorney Alix Rosenthal, Planning Director Carl Cahill, City Engineer/Director of Public Works Mintze Cheng, and City Clerk Karen Jost Press: Tim Seyfert, Los Altos Town Crier and Christina Bellantoni, Palo Alto Daily News • MOTION SECONDED AND CARRED: Moved by O'Malley, seconded by Cheng and passed unanimously to limit the length of time for public comments to three minutes. Mayor Fenwick requested the reordering of Agenda Items under New Business as follows: Items 6.2 to 6.1, 6.4 to 6.2, 6.1 to 6.3, and 6.3 to 6.4. Council concurred. 2. APPOINTMENTS AND PRESENTATIONS None 3. PLANNING COMMISSION REPORT None 4. CONSENT CALENDAR Items Removed: Item 4.10 (City Engineer Cheng) MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by O'Malley and passed unanimously,to approve the remainder of the consent calendar, specifically; 4.1 Approval of Minutes: Special City Council Meeting, May 7, 2003 Regular City Council Meeting May 15, 2003 4.2 Approval of Warrants: 05/07/2003 —05/28/03 $363,418.70 1 City Council Meeting Minutes June 5,2003 4.3 Fast Track Application: Approved by the Planning Director: Lands of Arnheim, (14-03-ZP-SD), 14241 Miranda Road, Request for a Site Development Permit for a New Single-Story Residence and Swimming Pool 4.4 Fast Track Application: Approved by the Planning Director: Lands of Huang, (18-03-ZP-SD), 12500 Barley Hill Road, Request for a New Two— Story Residence 4.5 Approval Ordinance No. 246 Amending the Municipal Code to Provide for Sewer Fees for Non-Residential Sewer Connections (Section 6-4.201): Approval of New Sewer Rate Schedule Reso#30-03 4.6 Approval of an Amendment to Agreement for Emergency Animal Control and Sheltering Services Contract with the City of Palo.Alto 4.7 Approval of Ordinance No. 247 Amending Title 5 (Public Morals, Welfare and Conduct)with Regard to View and Sunlight Obstruction from Trees 4.8 Approval of AB939 Fees Agreement between the Town of Los Altos Hills and the County of Santa Clara for Solid Waste Planning and Implementation Reso#31-03 4.9 Approval of Change Order-O'Keefe Storm Drain Repair Reso#32-03 4.11 Consideration of Resolution Supporting the Midpeninsula Regional Open • Space District's Proposed Extension of its Boundaries to the San Mateo County Coast to Preserve Open Space and Agricultural Lands Reso #33-03 Item Removed: 4.10 Consideration of Sewer Reimbursement Agreement between the Town of Los Altos Hills and Epstein and McCreary City Engineer Cheng explained that Mr. Epstein had requested the rescheduling of the Sewer Reimbursement Agreement to a future meeting. Cheng requested additional time for the City Attorney to review any language changes Mr. Epstein might make to the agreement. 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals 5.1.1 New Town Hall Councilmember Kerr noted that Agenda Item 6.1 on tonight's agenda was the agreement between Peter Duxbury and the Town for architectural services for the new Town Hall. Kerr had no additional items to report from the Committee. i 2 City Council Meeting Minutes June 5,2003 5.1.2 Undergrounding of Utilities—Status Report • Councilmember Warshawsky reported that the R.W. Beck Engineers and a Business Development Representative attended their last meeting and reviewed the cost estimates for the project with the Committee. After four months of investigation and review, the Committee has determined that they are comfortable with the earlier projected costs from R.W. Beck of$50 million. The Committee has also unearthed some possible funding that might be available for the undergrounding project. These include both State and Federal funds that could be applied to the project. Councilmember Warshawsky added that it is crucial that undergrounding be included as a feature of the agreement during the Comcast negotiations. It is a significant component to the success of the project for cable television to be included with the undergrounding telephone and power utility lines. PUBLIC COMMENT Mike Scott, 27860 Black Mountain Road, requested Council investigate the potential liability to the Town for State and Federal Capital Gains Taxes for improvements by upgrading to undergrounded utilities. Councilmember O'Malley explained that it was his understanding that a tax would only • be applicable if the Town funded the work and then gave the undergrounded utilities to PG&E. They(PG&E)would be responsible for gift taxes i.e. capital gains. Councilmember Warshawsky noted that his Committee has discussed the issues of taxation and in the near future will seek.advice on the subject from a financial expert. Jim Abraham, 12831 Viscaino Road, stated that he was taxed when he undergrounded utilities at his residence. Approximately 30% of the fee he paid to PG&E was a State tax on the improvements. CLOSED PUBLIC COMMENT Councilmember Warshawsky announced the next meeting of the Undergrounding Committee would be June 18, 2003 at 7:30 p.m. in Council Chambers. 5.1.3 Master Pathway Map—Committee Report Councilmember O'Malley noted this would be discussed as Item 6.4 5.1.4 View Protection Ordinance Adopted as Consent Item 4.7—Ordinance No. 247 5.2 Proposed Draft Ordinance Amending Title 6 "Sanitation and Health"by Adding a New Chapter Entitled"Wood Burning Appliances" 3 City Council Meeting Minutes June 5,2003 Mayor Fenwick noted that in reviewing the amended draft ordinance, it appeared that all requested changes had been addressed. Planning Director Carl Cahill explained that the proposed draft ordinance before Council for consideration had been revised by staff to incorporate:the two sections of the model ordinance that Council had requested at their May 15, 2003 City Council Meeting. The ordinance would make it unlawful to use any wood-burning appliance when the Bay Area Air Quality Management District issues a "Spare the Air Tonight" warning and prohibit the burning of solid waste (trash) or hazardous waste in any wood-burning appliance. Cahill added that a resident could request to be notified by the BAQMD via email when there is a"Spare the Air Tonight"warning. Cahill noted that Council had directed staff not to include a prohibition on the installation of new wood-burning appliances. Councilmember Kerr asked what penalties are attached to the ordinance. Cahill explained that anyone in violation would be deemed guilty of an infraction and a public nuisance. They would be liable for any costs associated with code enforcement. Mayor Fenwick noted that there has been some comment on the difficulty to enforce this ordinance, however, many of the Town's ordinances are difficult to enforce. The reality is you cannot monitor everyone all of the time but that should not dissuade you from passing reasonable regulations. • Councilmember O'Malley called the ordinance a first step in the Town being a good citizen regarding Bay Area air quality. MOTON SECONDED AND CARRIED: Moved by O'Malley, seconded by Fenwick and passed unanimously to introduce and waive further reading of the proposed ordinance amending Title 6 "Sanitation and Health" by adding a new Chapter 6 entitled "Wood Burning Appliances." 6. NEW BUSINESS 6.1 Consideration of Agreement between Peter Duxbury, Duxbury Architects and the Town of Los Altos Hills for Architectural Services for the New Town Hall City Manager Cassingham presented an overview to the City Council on the progress that has been made on the agreement. She noted that the initial proposal from Peter Duxbury included the 1987 edition of the AIA contract for architectural services. Mr. Duxbury has since agreed to evolve the most current model of the AIA contract, the 1997 version, into a more customized agreement for his professional services for the Town. Cassingham explained that there have been extensive conversations between Duxbury, his attorney and City Attorney Steve Mattas, Arne Sandberg and herself and they have agreed to a list of conceptual changes to the agreement. Council had before them a memorandum that • included Duxbury's draft AIA Agreement (1997), and the list of conceptual changes the 4 City Council Meeting Minutes June 5,2003 Town would like incorporated into that agreement. Cassingham noted that Duxbury would prefer that the referenced list be appended to the AIA contract. • Cassingham briefly summarized the eight issues being discussed: (1) Better definition of the scope of basic services of the architect; (2).Basic fee will be paid on a not-to exceed basis and will cover all of the basic services. Additional services will be paid on a time and materials basis; (3) The architect will provide a complete design that includes construction work and details to permit accurate bids. The architect will be responsible for all costs incurred by the Town if the design does not meet this standard and the architect will indemnify the Town for all liability, claims, damages and loss; (4) The architect will not have the right to stop providing services on the project after award of the contract to a contractor, even if disputes arise between the architect and Town; (5) The architect's standard of care will be that of a reasonably prudent and competent architect in the area; (6) The architect will agree to carry all the necessary insurances; (7) The architect will agree that change orders during the project that are caused by the architect's breaches are the architect's responsibility and; (8) The architect's limitation of liability will be higher than the limit stated in the proposed contract. $500,000 is the amount presently being discussed. City Manager Cassingham asked that the City Council provide conceptual approval of the agreement and the attached list and direct the City Manager and City Attorney to work with Mr. Duxbury and his representative to negotiate final terms that would be amenable to everyone. She asked that Council give consideration to allowing the Mayor to execute the contract as long as the terms were consistent with the existing agreement and attached list and subject to approval as to form by the City Attorney. Cassingham added that Mr. Duxbury had provided supplementary information for Council by FAX late that afternoon and Council had the packet before them. Councilmember Kerr suggested that Council discuss in principle each item. He felt this would help to expedite the process of reaching an agreement. Mayor Fenwick noted that the conceptual items have all been agreed to by the principal parties. The issue that is still under negotiation is how to amend the agreement. Cassingham concurred. She explained that the Town would like to see them incorporated into the actual language of the contract and Mr. Duxbury prefers to have the list amended to the AIA contract. Councilmember O'Malley stated that he is not comfortable giving an opinion on the items being negotiated. Due to the lateness of the Duxbury submittal, he has not had an appropriate amount of time to review everything. O'Malley added that he is comfortable letting the negotiating team resolve any outstanding issues and reach an acceptable agreement. He looks to the Town Attorney for conformation to form and the reasonableness of the agreement. O'Malley suggested that a Council Closed Session might be an appropriate way to review the contract. 5 City Council Meeting Minutes June 5,2003 Peter Duxbury, Duxbury Architects, addressed Council. He is very excited about working with the Town to design the New Town Hall. He understands the concerns of • the Town regarding the agreement and agrees in principle with list of eight amendments. _ Duxbury said that initially he received a request for 69 changes that would have drastically changed the AIA agreement. He did not feel comfortable with this and'would like to see the AIA contract stay intact and he would be willing to give some additional assurances to the Town via an appended list. Mayor Fenwick asked about the letters that had been submitted by Mr. Duxbury. Duxbury acknowledged that his attorney had written the first letter and in his second letter he clarified that he had never participated in a public bid project before. When asked by the Mayor if he was comfortable with moving forward on the Town Hall project, Duxbury responded an affirmative yes. Councilmember Warshawsky remarked that the Town is very fortunate to be working with Mr. Duxbury. He was clearly the preference and first choice of the Town Hall Committee as the architect for the project. PASSED BY CONSENSUS: To continue to negotiate with Mr. Duxbury and return to Council with the final agreement for Council approval. 6.2 Discussion of Purissima Hills Water District Facility at New Town Hall Site Councilmember Kerr had requested this item be on the agenda. He wanted Council and Mr. Duxbury to be aware that this is an integral part of the Town Hall project. Kerr would like to see a timeline established for resolving a number of outstanding issues that include: length of lease, coordination of construction schedule, possibility of hiring Peter Duxbury as the architect for the new Purissima Hills Water District facility and the prospect of the District starting construction first which would enable the Town to use the vacated building for office space. Mayor Fenwick acknowledged that many of the items identified by Councilmember Kerr needed to be addressed by the Water District. OPENED PUBLIC COMMENTS Ernest Solomon, Director — Purissima Hills Water District, said he was not speaking on behalf of the District but as an individual. He acknowledged that the District has been discussing many of the items that had been mentioned by Councilmember Kerr. They are aware of the Town's concerns regarding construction scheduling. There are outstanding issues that need to be resolved including the length of the lease and fees. Mr. Solomon will ask that discussion of these issues be placed on the agenda for their next Board Meeting. Councilmember O'Malley suggested a closed session be scheduled in the future for discussion of the Water District. O'Malley added that this would be beneficial for Councilmembers Kerr and Warshawsky to give them a historical perspective of previous 6 City Council Meeting Minutes June 5,2003 negotiations. Discussion could hopefully resume at the point of the last negotiations and last draft agreement. Jim Abraham, 12831 Viscaino Road, speaking on behalf of the Emergency Communications Committee, requested that Council consider Town antenna locations at the water towers during the negotiations with the Water District. CLOSED PUBLIC COMMENTS 6.3 Analysis of Fast Track Review Program Planning Director Carl Cahill introduced the item. He explained that the Planning Commission had directed staff to audit the last three years of Fast Track approvals. Council had before them the final report that had been reviewed by the Planning Commission and recommended forwarding to the City Council. Cahill stated that the analysis indicated that the Fast Track program has been successful. It has reduced the number of applications that need to be reviewed by the Planning Commission and helped to handle a large volume of projects during the last three years; provides an incentive for property owners to work with neighbors and resolve concerns with impacts associated with new development prior to the public hearing and has resulted in very few appeals. Cahill noted that one of the findings of the study was that the Fast Track process is not that "fast." The primary difference in the length of the review process of a submitted application is with the timing of hearings. Fast Track hearings are once a week and Planning Commission Meetings are scheduled for once a month. Cahill added that only projects that meet all Town codes and policies are eligible for the Fast Track program and no variances are granted as a part of this process. Councilmember O'Malley stated that the program encourages neighbors to work together and this has always been a goal of the Town. This appears to be a successful program that has also helped to reduce the number of requests for variances. Mayor Pro Tem Cheng added that the analysis clearly shows this has been a successful process. It saves time, energy and money. When a resident applies for Fast Track, they are better prepared for the process and they ensure that their applications meet the requirements of Fast Track. Mayor Fenwick concurred. This has been a phenomenally successful program. It has proven the predictions of the naesayers to be wrong. 7 City Council Meeting Minutes June 5,2003 6.4 Discussion of Ad-Hoc Pathway Easement Committee's Findings and Appropriate Follow-up Action Councilmember O'Malley reported that he has attended only one meeting since his last report. He asked Committee Member Dot Schreiner to give an update to Council on the progress that has been made since the last Council Meeting. Dot Schreiner, 14301 Saddle Mountain Drive, reported that there where four outstanding issues that she would like to address: 1. Where is the Committee as far as their research is concerned? 2. What has the Ad-Hoc Committee been doing as far as communication? 3. What problems has the Committee found? 4. What action are they requesting from Council? (1) Schreiner reported that the Committee is now focusing on map section C3. The map has evolved each week. They are now in the process of doing "mop up" which the Committee Members are able to do in their homes. This is to ensure that every easement is documented by parcel, tract map, grant deed, resolution and the date it was acquired by the Town. One problem they have discovered is that many of the old grant deeds are missing a recording number and stamp. (2) Regarding communication, Schreiner explained the Committee has been keeping the Pathway Committee apprised of their findings. The Ad-Hoc Committee is paying particular attention to areas of the map that the Pathway Committee should monitor. For example, there are several public utilities easements on the map that have historically been used as pathways that do not have actual pathway easements. When these properties submit for projects, it is vital that the Pathway Committee ask for dedicated pathways. Councilmember O'Malley has kept the Council informed and the Ad-Hoc Committee has attended several functions in Town to display the latest map and the documentations. (3) The first problem the Committee encountered is that the underlying base map contains errors. The problems were first identified in 1977 and have not been corrected. Schreiner added that the pathway map is also used as an address map and there are street names missing and incorrect numbers. The Committee feels this would be an appropriate time to correct the underlying base map. The second problem pertains to private streets. The Committee is requesting an opinion from the City Attorney that includes the California Vehicle Code interpretation of a private road. The Committee would prepare a packet for review that contains all of the easements the Town has accepted on private roads. (4) The Committee is requesting additional time to finish the project. They would like to extend the completion date to September 1, 2003. In conclusion, Schreiner requested direction from Council to research and correct the • underlying base map, an opinion on private roads, and permission to extend the project to 8 City Council Meeting Minutes June 5,2003 September I". Schreiner added that she hoped the Ad-Hoc Committee would be permitted to participate in the second phase of this project. They have a wealth of information to share. Les Earnest, 12769 Dianne Drive, Ad-Hoc Pathway Easement Map Committee Member, addressed Council. He had prepared a summary report titled "Policy issues for pathway map development" that Council had before them. Earnest explained, the Committee is attempting to tie the easement recordings to street addresses and parcel numbers. One of the underlying problems they have encountered is that Town records of street names are inconsistent. Earnest noted that he had found thirty streets that have different names in Town records. Some streets have five different names. Earnest explained that correcting this is not within the scope of the Committee and he would like guidance from Council on who will resolve these issues. Attached to his report was the master list of streets prepared by Town staff. Earnest noted that this could be the master reference list and with updating could be used to tie easements to addresses. Earnest added that the Committee would also like to see the arrowheads that are now on the 1994 Pathway Map copied and included on the new pathway map. At present, the addresses on parcels are ambiguous and difficult to identify. Earnest commented that an additional point of concern for the Committee is the current process that the Town is using for address change requests. This process appears to have no closure. Residents often request a change of address and yet the database does not reflect these changes. The Committee proposes a procedural solution for staff that is outlined in his memo. In conclusion, Earnest noted that the microfiche addresses on Town records are also inconsistent and should be updated. These could be corrected while they are being scanned into the new database. In conclusion, the Committee would like to see the street name inconsistencies corrected and arrowheads on the new map added to assist them in completing their project. The other issues that have been outlined in his report are not the Committees charge, however, if directed they could assist staff. Mayor Fenwick asked the City Engineer about the base map. Cheng noted that staff is constantly updating the map and if residents bring errors to their attention, these are corrected. OPENED PUBLIC COMMENT Mike Scott, 27844, 27856, 27860 Black Mountain Road, recounted his previous request last year to Council for more specific path details and procedures for pathway easements. His property ( 27844 ) has a future potential pathway easement and an additional section where an easement may be requested by the Pathway Committee. Questions of routing of site-specific pathways to minimize the impact on neighbors and prevent possible environmental damage, i.e. designing a path through a redwood grove, are not addressed 9 City Council Meeting Minutes June 5,2003 in any procedural documents. Scott would like to see pathway procedures and details established. CLOSED PUBLIC COMMENT Councilmember O'Malley concurred that there is no methodology in place for pathways. They range in size from 5 feet to 25 feet easements. O'Malley suggested that the Pathway Committee could work with Mr. Scott. Scott noted that he has already established a pathway around his property but is still frustrated that the small details for paths are not clarified for residents. Councilmember O'Malley commented on the requests made by the Ad-Hoc Pathway Easement Committee. He is happy to extend the time frame for completition of the project until September 1St. The issues regarding street names and the underlying base map are outside the scope of the Committee and he would.prefer to see staff address these issues. Regarding the actual update of the pathway map, O'Malley noted that it would be appropriate for the Pathway Committee to commit to the second phase of the project—the actual update of the map. O'Malley expressed his appreciation for the hours of work that staff has committed to the project to get the map in "good.condition". The Ad-Hoc Committee has " fine tuned" the map and in September it should be reviewed by the Pathway Committee. O'Malley indicated that he hoped the Pathway Committee would . include the Ad-Hoc Committee in this stage. Their historical. knowledge will be an immeasurable asset to the project. Councilmember O'Malley was ready to pass the "baton" to Councilmember Warshawsky and his Pathway Committee. Councilmember Warshawsky explained that Council had two choices to consider for the next step of the map update - a new committee or forward the "documented" revised map to the Pathway Committee. He would like to see a similar public review process established that was used last year. Warshawsky added that it would be appropriate to return to Council with suggestions from his Committee on "fine-tuning" the public review process. He agrees that it would be very appropriate to extend an invitation to the Ad-Hoc Easement Committee to join the Pathway Committee and participate in Phase II in updating the pathway map. Mayor Fenwick observed that there were several maps being discussed including the newly documented pathway easement map and the 1981 Master Path Plan. These maps will aid in the creation of a new Master Path Map. Mayor Pro Tem Cheng suggested the Pathway Committee focus on establishing a pathway system. This would be a good place to start. Pathways on every property are not a necessity. Warshawsky said his Committee would take that under consideration. City Engineer Cheng supported the request for the City Attorney to give an opinion on private roads. O'Malley suggested this be placed on an upcoming agenda. 10 City Council Meeting Minutes June 5,2003 Mayor Fenwick concurred with Councilm'ember O'Malley's extended timeline for the Ad-Hoc Committee to complete their project and for the Pathway Committee to complete • Phase I1 of the pathway map update. 6.5 Approval of Proposed Extension of Cable Television Franchise Agreement Between the Town of Los Altos Hills and Comcast and Engagement of Cable Television Franchise Renewal Consulting Services from Telecommunications Management Corporation City Manager Cassingham introduced this item to Council. She explained that Council had before them for consideration two items: first, to approve the proposed extension of the current Cable Television Franchise Agreement between the Town and Comcast for six months to permit refranchising negotiations; and second, to engage the professional services of Telecommunications Management Corporation (TMC) to assist the Town with the refranchising process. Cassingham added this is a key service for the community and she believes the assistance of TMC would enable the Town to negotiate maximum benefits and services. The present cable service system has deteriorated and is using badly outdated technology. The proposed services of TMC would include eight tasks to be performed in the refranchising process including; Franchise Compliance Audit, Assessment of Community Needs, Subscriber Survey, Renewal Recommendations, New Regulatory Ordinance and Participation in Franchise Renewal Negotiations. The total cost of these tasks is $64,000. The contract is for a not-to-exceed fee and if amortized over a possible fifteen-year franchise agreement is approximately$4,000 per year. . Councilmember Warshawsky expressed his desire to have the negotiations with Comcast for the franchise services include the assurance that Comcast will agree to underground with the other utilities and to participate in the cost. He also asked staff to request copies of any utility maps that Comcast possesses. These would be very beneficial to the Undergrounding Committee and their project. Following Council discussion, it was agreed to reduce the scope of services from TMC and to reduce the contract price to a not-to-exceed amount of$30,000. The City Manager was directed by Council to return with the re-negotiated agreement for Council approval at their Regular City Council Meeting of June 19, 2003. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Kerr and passed unanimously to approve the proposed extension of the current Cable Television Franchise Agreement between the Town of Los Altos Hills and Comcast from June 20, 2003 to December 20, 2003 to permit refranchising negotiations. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Councilmember Kerr reported on the 7-11 Committee. They have finished their task and have recommended to the Los Altos School Board that Bullis School be declared surplus • and offer the property to a tenant. Kerr noted that the Committee has also been 11 City Council Meeting Minutes June 5,2003 discussing the unused area at the Bullis site located at the upper portion of the property. He has asked the Committee if they would be open to the Town developing this property • as recreational fields. Kerr has also discussed this option with the Town's Parks and Recreation Committee. The Parks & Recreation Chair believes the revenue stream from recreational programs would help to subsidize any costs to the Town. Kerr would also like Council to give some thought to the option of using some Parks and Recreation Bond money for development of the fields. The 7-11 Committee has recommended to the Los Altos School Board that they consider entering into negotiations with the Town for a long-term lease at a low cost($1 per year) for the unused four acres. Mayor Pro Tem Cheng reported that she has attended three meetings over the course of the past two weeks. First, the North County Library Authority, which meets only once a year, to approve the special parcel tax for library services. The maximum tax per parcel in Los Altos and Los Altos Hills is $52. The North County Library Authority agreed to continue the special parcel tax for another year. Cheng's second meeting was the Santa Clara County Library District Joint Powers. The Board discussed a special election to be held in March, 2004 for a County-wide parcel tax The present tax will sunset in 2005 and they are considering requesting a new parcel tax that will be in the range of$34- $68. Mayor Pro Tem Cheng also attended the Town's Parks and Recreation Committee meeting. The Committee is investigating the possible use of the Town's Horse Ring for sport courts. The estimated cost of this project is $11,000. This is still under consideration. The Committee also reviewed the recent Pathway Walk and Run. It was a fun and successful event but they believe the event can accommodate more participants and will look to increasing the numbers in the future. Mayor Fenwick reported that he had attended the pre-Town Picnic meeting of the Community Relations Committee on May 27, and was extremely impressed at their attention to every minor detail of the planned event. He added that the very success of this wonderful Town celebration could be attributed to their careful planning, commitment to details, and resourceful management. Fenwick has thanked them personally for all of their efforts. Fenwick also attended the Emergency Communications Committee Meeting on June 3. This Committee, additionally detail oriented, is debating the merits of vests vs. jackets. The Committee is also discussing future antennae sites and tests that will be performed at the Purissima Water Tank site. Councilmember O'Malley attended the Ad-Hoc Information and Technology Committee Meeting. They will be submitting their recommendations to the City Council at the June 19 City Council Meeting. O'Malley and Councilmember Kerr also attended the Finance & Investment Committee meeting. The proposed Budget for Fiscal Year 2003-2004 was reviewed and will be forwarded to the City Council at the June 19th Meeting. O'Malley applauded Administrative Services Director Sarah Joiner for her work on the Budget. • 12 City Council Meeting Minutes June 5,2003 Councilmember O'Malley additionally attended the 7-11 Committee Meeting and was very frustrated by the Committees inattentive attitude towards the concerns and issues being presented by Los Altos Hills representatives. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Letter from MTC Regarding Pavement Management Technical Assistance Program—City Engineer/Public Works Director City Engineer Mintze Cheng reported to Council that the Town has received a letter from the Metropolitan Transportation Commission approving the Town's request for funds. The funds ($16,500 ) will be used for the Town's Pavement Management Program. The will share in the project for $2,138. The total project cost of the street surveying . Town p J $ , p J Yl g and rating project will be $18, 638. MTC will hire the consultant for the work and expect to complete this program by the end of this summer. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL-INITIATED ITEMS 10. PRESENTATIONS FROM THE FLOOR Elaine Nelson, 27261 Black Mountain Road, introduced the "Supporters of Westwind Community Barn" to Council. It is a new nonprofit group that has been formed to support Westwind Barn as an asset for the community. Directors include Nelson, Nancy Couperus, Jean Mordo, Ellen Metcalfe, Carolyn Appel and Colette Cranston. Barbara Mordo is secretary. Nelson noted the mission of the Supporters of Westwind Community Barn is to restore and maintain Westwind Community Barn in perpetuity; to provide environmental, educational, and arts programs at the site; and to protect and preserve the natural environment of the site and open space. Nelson noted that the group will be working closely with the Town and asked Council to consider appointing a member of Council to act as an advisor/liaison to the group. Councilmember O'Malley commended the group on the important service they will be providing the Town. 13 City Council Meeting Minutes June 5,2003 Frank Lloyd, 12824 Brendel Drive, Finance and Investment Committee Vice Chairman, addressed Council with a message from the Finance Committee. Council had before • them a packet of information that had been prepared by Lloyd on the subject of real estate property transfer taxes. Lloyd read into the record the following statement: Los Altos Hills is one of 372 general law cities in California; the other 105 cities are charter cities. In the County of Santa Clara, the charter cities are San Jose, Palo Alto and Mountain View. All California counties are authorized to levy a real estate transfer tax of $1,100 per million, and all cities are authorized to receive half of that amount. General law cities may not increase this tax rate. Charter cities however, may charge a higher rate, as approved by the electorate. All of this increase can go to the charter city. By custom and tradition, in Santa Clara County, the first $1,100 by the seller, all additional amounts (in charter cities) are split by the seller and the buyer. The tax rates for San Jose and Palo Alto are a total of$4,000 per million. Thus if the electorate were to vote to change Los Altos Hills to a charter city and if the electorate were to vote for an increase in the transfer tax of $3,300 per million, the Town would have collected an additional $486,549 in the calendar year of 2001. Of this $3,300 increase, a Los Altos Hills seller would pay$1,650 per million and the buyer $1,650 per million. To give these sums some perspective,the real estate community charges sellers $60,000 per million. An additional advantage of being a charter city is that the Town of Los Altos Hills would no longer have to pay generally prevailing wages on municipal projects such as the new Town Hall. Projects partially funded by state or federal grants would continue to require • prevailing wages. Charter cities, such as Palo Alto, may own and operate utilities. The implications for the undergrounding of utilities needs to be addressed by the utilities committee. Administrative Services Director Sarah Joiner prepared research materials on this topic, which were supplied to FIC members. The Finance and Investment Committee recommends to the City Council that they review this matter and consider a change to charter status for the reasons noted. Lloyd noted that the attachments before Council had materials that compare General Law and Charter Cities and he suggested that Council consider directing Staff and the City Attorney to review the implications of changing the Town from a General Law to a Charter Law City. Councilmember O'Malley commended Mr. Lloyd and Administrative Services Director Sarah Joiner for the wealth of information they had put together on the subject. O'Malley noted that this had been discussed at length at the Finance_ & Investment Committee meeting. • 14 City Council Meeting Minutes June 5,2003 Jim Abraham, 12831 Viscaino Road, commented that in his opinion if the only reason for changing the Town to a Charter Law City is to increase revenue by raising taxes, he would.prefer the Town cut back on capital improvements and do some "belt tightening." Ginger Summit, 12390 Lennox Way, congratulated the Community Relations Committee on the very successful Town picnic. With 1200 residents in attendance, it was a brilliant event with great food, games and fun activities for everyone, and the end result was a harmonious occasion that would be the envy of any community. Nancy Couperus, 13680 Page Mill Road, reported that the Santa Clara Valley Water District has agreed to work with the Adobe Creek Watershed Group on a collaborative effort to find a solution for Reach 5 with a coordinated effort on Reach 7. Couperus added that the District is also sending a letter of support for their grant request and thanked everyone for their recent support. 11. PUBLIC HEARINGS None 12. ADJOURNMENT MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Warshawsky and passed unanimously to adjourn the Regular City Council Meeting at • 8:30 p.m. Respectfully Submitted, Karen Jost City Clerk The minutes of the Regular City Council Meeting of June 5, 2003 were approved as amended at the Regular City Council Meeting June 19, 2003. i i 15 City Council Meeting Minutes June 5,2003