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HomeMy WebLinkAbout03/21/2002 (2) Minutes of a Regular Meeting March 21, 2002 Town of Los Altos Hills City Council Regular Meeting Thursday, March 21, 2002, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Casey called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Cheng, Finn and O'Malley Absent: Mayor Pro Tem Fenwick Staff: City Manager Maureen Cassingham, City Attorney Sandy Sloan, City Engineer/Public Works Director Mintze Cheng,Planning Director Carl Cahill, Administrative Services Director Sarah Joiner and City Clerk Pat Dowd • Press: Liz Cloutman,Los Altos Town Crier; Chuck Carroll, San Jose Mercury News PASSED BY CONSENSUS: To move Item 11.1 to the Consent Calendar. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously by all members present to add the following to the agenda as an urgency item: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — PURSUANT TO GOVERNMENT CODE SECTION 54956.90, Significant Exposure to Litigation — one case: receipt of letter from attorney challenging procedural and substantive issues related to proposed vacation of Carse pathway. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Pathways Committee and Information and Safety Committee Council had received five applications for the one vacancy on the Pathways Committee. March 21, 2002 Regular City Council Meeting 1 Les Earnest, 12769 Dianne Drive, addressed the Council noting that they were aware of his interest in serving on this committee and of his qualifications., Mahmoud Kamangar, 24300 Summerhill, stated that he was interested in serving on this committee and was particularly interested in the maintenance of the paths. He had the time to devote to this committee and was himself a user of the paths in Town. John Mordo, 27693 Vogue Court, noted that he enjoyed using the Town's paths and was interested in serving on this committee. He was sensitive to the issue of private property as it related to the Town's path system. Mr. Mordo also commented that he had the time to serve on this committee. Jolon and Michael Wagner, 26786 Robleda Court, had submitted an application suggesting that perhaps they could share an appointment. Mrs. Wagner addressed the Council with this request but when advised by Council that they could not share an appointment she explained her interest in serving on this committee. She noted that she had the time to devote to serving on this committee and that she and her husband were frequent users of the paths. MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by Finn and passed unanimously by all members present to appoint Mahmoud Kamangar to the Pathways Committee for a term of four years. • Council thanked all those who applied and noted that there were other committee vacancies if they were interested. Council had received two applications for the Information and Safety Committee. This committee of eight members was established in October, 2001 and currently had no members. PASSED BY CONSENSUS: To appoint Arthur Bernstein and Nobuko Cleary to the Information and Safety Committee each for four year terms 2.A CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — PURSUANT TO GOVERNMENT CODE SECTION 54956.90, Significant Exposure to Litigation — one case: receipt of letter from attorney challenging_procedural and substantive issues related to proposed vacation of Carse pathway. The City Council adjourned to a Closed Session regarding litigation at 6:15 p.m. and reconvened at 6:45 p.m. 2.13 REPORT OUT OF CLOSED SESSION Council returned to open session to report, if necessary, any actions taken. No actions were taken. March 21, 2002 Regular City Council Meeting 2 3. PLANNING COMMISSION REPORT -i The Planning Director reported that the following action was taken at the 3/14/02 Planning Commission Meeting: recommended approval of a noise ordinance. This will be scheduled for Council review. In addition the Commission asked that the conditional use permit for Westwind Barn be brought back to the Commission in three months for review. In response to an inquiry from Council, the Planning Director reported that holding Planning Commission Meetings once a month seemed to be going well and no one was experiencing delays. Casey asked the Planning Director to compare the conditional use permit for the horse farm at the end of Ravensbury with the conditional use permit for Westwind Barn. 4. CONSENT CALENDAR Item Removed: 4.10 (Cheng) 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: 4.1 Approved Minutes: March 7, 2002 (Regular Meeting) 4.2 Approved Warrants: $529,193.94 (3/1/02—3/15/02) • 4.3 Approved amended Santa Clara County Data Communications Network Joint Funding Agreement—Reso #30-02 4.4 Approved sanitary sewer reimbursement agreement between the Town of Los Altos Hills and Antons and Angela Giakoumis—Reso #31-02 4.5 Accepted work for retaining wall on Elena—Reso #32-02 4.6 Approved agreement with Otis Chan for design services for the street rehabilitation project —Reso #-33-02 4.7 Approved agreement with Mark Thomas for topographic survey for Camino Hermoso and Fernhill Drive—Reso#34-02 4.8 Concurred with Fast Track Application: approved by the Planning Director: Lands of Lee, 14289 Saddle Mountain Drive: request for a major addition 4.9 Accepted grant of pathway easement, Lands of Kachru and Dhar, 13620 Roble Alto Court—Reso #35-02 0 March 21, 2002 Regular City Council Meeting 3 4.11 Issued Proclamations: Greek Independence Day—March 23, 2002 Assyrian National Day—March 24, 2002 Tartan Day—April 9, 2002 4.12 Approved an agreement between the Town of Los Altos Hills and Metro/PCS California/Florida, Inc.—Reso 437-02 4.13 Approved request for a site development permit for a 255 square foot addition and a variance to encroach into the setback, Lands of Thurston, 27857 Moody Road Item Removed: 4.10 Approval of resolution authorizing payment for a temporary bridge at Tracy Court between the Town and O'Grady Paving—Reso # Cheng asked for clarification concerning this project and was advised by staff that this was a temporary solution and the final design for this project should be available sometime next month. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously by all members present to adopt Resolution#36-02 approving and authorizing payment for a temporary bridge at Tracy Court between the Town and O'Grady Paving, Inc. 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals 1) Break ground for a new Town Hall funded by resident donations. Casey noted that the architect was still working on the renderings but that the proposed new Town Hall was a mission style building with a courtyard. Casey also noted that a meeting to discuss this project with interested neighbors was tentatively scheduled for April 2nd 2) Complete the building and planning fee study and revise fees in accordance with State law. The user fee study by Maximus is scheduled for City Council review on March 21, 2002. 3) Implement a Resident Customer Satisfaction Survey Program. • This survey was implemented by the Planning Department on September 1, 2001. Surveys received will be provided to Council with each Council packet. March 21, 2002 Regular City Council Meeting 4 4) Complete an analysis of all Town codes, policies and ordinances for consistency, relevance and conformance with the General Plan. Bill Kerns,member of the Municipal Code and Policy Review Committee, noted that they had had a meeting on 3/20/02 and had reviewed the MDA/MFA work done by the Site Development Committee. Council agreed to schedule a joint meeting of the City Council and Planning Commission . for some time in May or June to discuss with the Site Development Committee and the Municipal Code and Policy Review Committee the report and comments on the MDA/MFA issue. 5) Have broadband internet access available to all residents PacBell's latest projection for the completion of Project Pronto, their Town-wide DSL project, is by the end of this year provided they encounter no further unforeseen obstacles with PG&E and other jurisdictions. The City Manager referred to the letter received from Stacey Wagner, Director of External Affairs, Pacific Bell regarding HR1542 which passed in the House of Representatives. 6) Adopt and implement a town pathway policy which includes a specific five- year program for the new construction of along side the road paths and a plan which improves the maintenance and materials of current town pathways. Staff is continuing to research grant deeds and files and updating the path maps. A study session will be held on April 4, 2002. 7) Complete the review of setbacks and height limits and revise town ordinances accordingly. The Town-wide mailing was sent for a public hearing at the 4/18/02 City Council Meeting. 8) Continue to explore alternatives to underground all utilities in Los Altos Hills. Informational materials on the proposed undergrounding project were mailed to all Town residents on March 7, 2002. To date, about 950 reply cards had been received (383 interested; 84 want to learn more; 45 interested if payment can be deferred; and 438 not interested). MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by Finn and passed unanimously by all members present to direct the City Attorney to place the proposed undergrounding project on the November ballot as an advisory issue. March 21, 2002 Regular City Council Meeting 5 • 9) Adopt a plan for the highest and best use of town property for all town residents. (Los Altos Hills owns 27 parcels totaling 168.04 acres of unused and/or underutilized property.) This project was still on hold pending receipt of the information from Caltrans concerning the O'Keefe property. Staff is looking into the property at Page Mill and Story Hill Lane and will report back to Council. 10) Approve a five-year capital spending budget to assure the infrastructure of the Town is sound. Completed An additional goal was added: 11) Joint Meeting of the City Council and Planning Commission A Joint Meeting of the City Council and Planning Commission was conducted on Thursday, December 6th at 6:00 p.m. This meeting was a Study Session to review planning issues. 12) Data Base for Emergency Emails The City Clerk reported this contact program was currently on her computer and would also be placed on the City Manager's computer and on a computer in the Heritage House. Presently the computer consultant was developing the instructions for implementing this program. Council agreed that another mailing would be done to see if additional residents were interested. It was also agreed that the Disaster Council would review this contact program to determine exactly what kind of emergencies constituted an emergency. 6. NEW BUSINESS 6.1 Approval of funding for Emergency Communications Equipment — Reso MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously by all members present to adopt Resolution #38-02 appropriating expenditures for the purchase of various emergency communications equipment and supplies and authorizing the City Manager to approve such purchases for a total not to exceed$10,000 from Citizen Option for Public Safety(COPS) funding, 6.2 Approval of wording for public notice on conservation easements, fences and driveways • March 21, 2002 Regular City Council Meeting 6 • PASSED BY CONSENSUS: To approve the wording for a Town-wide mailing on conservation easements, fences and driveways as drafted by the Planning Director and to schedule the public hearing for the May 16th Council Meeting. 6.3 Approval of final map and subdivision improvement agreement, Lands of Askarinam and Yazdani, 27830 Elena Road—Resolutions # MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously by all members present to adopt Resolution #39-02 approving final subdivision map for Lands of Askarinam and Yazdani and Resolution #40-02 approving and authorizing execution of a subdivision improvement agreement between the Town of Los Altos Hills and Lands of Askarinam and Yazdani. 6.4 Results of Development Fee Review Council had before them the report from Maximus, Inc. on the Town's fee schedule. This report included a description of the work performed, methodology for determining the cost of providing service, findings, and recommendations for adjusting fees. Maximus provided an analysis of the Town's service charges to determine if fees were appropriate in light of the current costs and changes in service delivery. They also reviewed the Town's fees in comparison to similar cities and municipalities in proximity to Los Altos Hills. • Richard Pearl, Maximus, Inc. commented on their report and methodology and was available for any questions from Council. Casey stated that more specific information was needed on this subject. She wanted the consultant to take a real permit in Town and follow it through the entire process. She wanted to know exactly what the applicant was charged, what the fees were used for and could the Town justify the fees. Finn concurred stating that the study needed to be taken to another level. He believed it would be more interesting and informative to take the fees for a real application and compare those with other communities to find out how competitive the Town was. PASSED BY CONSENSUS: Council directed staff and the consultant to bring back a report showing actual projects in the Town and the cost of completing these entire proj ects. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Valley Transportation Authority Cheng commented that she had attended a meeting at which funding was discussed and noted that funding was available to the Town. She stated that VTA will be contacting the City Manager with information on available funding to the Town. March 21, 2002 Regular City Council Meeting 7 • 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence PASSED BY CONSENSUS: Council took no action on the letter from the County of Santa Clara concerning Unity in Diversity and on the letter from the United Neighborhoods of Santa Clara County concerning a proposal requesting support of their programs. 9. COUNCIL-INITIATED ITEMS 9.1 Community Development Block Grant Funds (Mayor Casey) Casey understood that CDBG funds could be used for pathways. Staff stated that they would look into the possible uses of CDBG funds and report back to Council. • 10. PRESENTATIONS FROM THE FLOOR Ginger Summit, 13390 Lenox Way, commented that she would like to see the proposed plans for the new Town Hall and would like to have an opportunity to comment on them. In addition she noted that the pathway maps shown at the earlier study session were impressive but still incomplete. She believed this was a work in progress and the members of the Pathways Committee were willing to work with staff on this issue. 11. PUBLIC HEARINGS 11.1 Request for a site development permit for a 255 square foot addition and a variance to encroach into the setback, Lands of Thurston, 27857 Moody Road This item was moved forward to the consent calendar in that a public hearing was not necessary for this application. 11.2 Request to amend the Pathway Element Master Path Plan of the q Y General Plan, and request for a summary vacation of pathway on Lands of Carse, 27125 Taaffe Road—Resolutions# i March 21, 2002 Regular City Council Meeting 8 • The City Attorney referred to a letter received from the law firm of Shute, Mihaly and Weinberger which included the statement that "the Carse project, as proposed, not only contravenes key policies in the General Plan but also violates the State Streets and Highways Coded and CEQA, thus rendering the town vulnerable to legal challenge". In view of this correspondence which had been received just prior to this Council Meeting, the City Attorney recommended that a negative declaration be prepared for this project and additional public hearings be scheduled. Council concurred with legal counsel but agreed to take public input at this meeting. Sandy Carse, applicant, stated that they had submitted a petition from many neighbors concurring with the request to vacate the pathway. Mrs. Carse expressed her concerns about safety, liability issues, maintenance of wildlife corridor and privacy. She believed this path was redundant and this area was in a conservation easement. The following addressed the Council in support of vacating the path on Lands of Carse: Sheri Najafy, 26645 Altamont Road; Carol Petty, Almaden Court; Al Whaley, 26925 Taaffe; DuBose Montgomery, 27464 Altamont; and Charlene Geers, 12742 Leander. They cited privacy and safety concerns and noted that this path was redundant and other access options were available. Mr. Montgomery, a member of the Pathways Committee, commented that there was division on the committee regarding what should be done with this path. Charlene Geers also commented that there was no path on this property when the Carses bought but it was required when they built. • The following addressed the Council stating their opposition to vacating the path on Lands of Carse: Nancy Ewald, Co-Chairman of the Pathways Committee; Dot Schreiner, 14301 Saddle Mountain; Les Earnest, 12769 Dianne Drive; Scott Overstreet, 13851 Fremont Pines; Ginger Summit, 13390 Lenox Way; Jolon Wagner, 26786 Robleda; Sid Hubbard, 25528 La Loma Drive; Bob Stutz, 25210 Elena; Dan Alexander, 27200 Elena; and John Dukes, Lupine Road. Ms. Ewald commented that this path connected two recreation area in Town and the Town had all but one of the easements to complete the route. Dot Schreiner referred to the letter from Rachel Hooper of Shute, Mihaly and Weinberger. This firm had been retained to represent the Committee for the Preservation of Los Altos Hills on matters relating to the Town's land use planning, and particularly its trail and pathway system. Mrs. Schreiner as a member of this committee, expressed their concerns about the Town's failure to follow the law and due process. Sid Hubbard concurred with Mrs. Schreiner's comments. Les Earnest concurred with the statement that this path was a connector to recreation areas in Town and stated that paths were located in many conservation easements in Town. Ginger Summit believed this was a piecemeal approach and this issue of vacation of a path should be deferred until the entire path issue and path map was reviewed. Bob Stutz raised the issue of safety especially fire safety.in that these paths were often used as emergency access roads. Council thanked everyone for their input and stated that they would be following the City Attorney's recommendation for further review and public hearings on this issue. March 21, 2002 Regular City Council Meeting 9 • 12. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION : PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)— Initiation of Litigation - one case The City Council adjourned to a Closed Session regarding litigation at 8:10 p.m. and reconvened at 8:30 p.m. 12A. REPORT OUT OF CLOSED SESSION Council returned to open session to report, if necessary, any actions taken. No actions were taken. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 8:30 p.m. Respectfully submitted, . Patricia Dowd City Clerk The minutes of the March 21, 2002 Regular City Council Meeting were approved at the April 18, 2002 Regular City Council Meeting. • March 21, 2002 Regular City Council Meeting 10