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HomeMy WebLinkAbout06/20/2002 Minutes of a Regular Meeting June 20, 2002 Town of Los Altos Hills City Council Regular Meeting Thursday, June 20, 2002, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Cheng, Fenwick, Finn, and O'Malley Staff: City Manager,Maureen Cassingham; City Attorney, Dan Siegel; City Engineer/Director of Public Works, Mintze Cheng; Administrative Services Director, Sarah Joiner; Planning Director, Carl Cahill; Planning Consultant, • Bob Graham; Assistant Planner, Debbie Pedro; and Acting City Clerk, Lani Smith Press: Liz Cloutman, Los Altos Town Crier 1A. REORGANIZATION OF COUNCIL MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to appoint Bob Fenwick as Mayor for a one year term and Emily Cheng as Mayor Pro Tem for a one year term. AYES: Mayor Casey, Councilmembers Finn, O'Malley, Cheng, Fenwick NOES: None Mayor Fenwick thanked Councilmember Casey for her vote of confidence and congratulated Councilmember Cheng on being Mayor Pro Tem. He further congratulated Councilmember Casey for her successful year and her 12 goals. Mayor Fenwick presented his five goals for the year: (1) break ground for the new Town Hall,partially funded by donations; (2)the under-grounding of utility wires in Los Altos Hills; (3) complete the update process for an accurate 2002 master pathway map; (4) continue the possibility of adopting a view ordinance for the Town; (5) update of the Land Use Element of the General Plan. June 20, 2002 Regular City Council Meeting 1 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Planning Commission Community Relations Committee and the pp g � Y Valley Transportation Authority's Bicycle and Pedestrian Advisory Committee MOTION SECONDED AND CARRIED: To appoint Bill Kern and Carl Cottrell to the Planning Commission for a four year term. MOTION SECONDED AND CARRIED: To appoint Barbara Lamparter to another four year term on the Community Relations Committee. MOTION SECONDED AND CARRIED: To appoint Mike Kamangar to a four year term on the Bicycle and Pedestrian Advisory Committee. 3. PLANNING COMMISSION REPORT The Planning Director reported on the following items: Ordinance amendment to the Town's Zoning Code with regard to height (Section 10-1.504); Lands of Dorrian & Schmidt, 13113 & 13061 Bryd Lane, a request for a lot line adjustment; Lands of Cingular Wireless/Purissima Hills Water District, La Cresta Drive for a Conditional Use Permit renewal; Lands of Cingular Wireless/California Department of Transportation, 2350 Old Page Mill Road for a Conditional Use Permit renewal; Lands of Cingular Wireless/St. Luke's Chapel, 26140 Duval Way for a Conditional Use Permit renewal; and Lands of Horton, Chaparral Way to subdivide a 16.13 acre parcel into four(4) lots, and consideration of a proposed Negative Declaration. 4. CONSENT CALENDAR Items removed: 4.1 (City Manager), 4.2 (Fenwick), 4.5 (O'Malley), 4.17 (Casey) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: May 16, 2002 (Regular Meeting) 4.3 Adoption of Resolution authorizing execution of Joint Exercise of Powers and Cooperation Agreement with Santa Clara County to participate in CDBG and Home Programs for Federal FY 02-03 through FY 04-05—Reso# 4.4 Approval of staff succession in absence of City Manager 4.6 Approval of agreement with Du-All Safety for the Town's Safety Program—Reso#_ 4.7 Fast Track Application: approved by the Planning Director: Lands of Johnston, 12740 Dianne Drive: request for a new residence -i June 20, 2002 Regular City Council Meeting 2 4.8 Fast Track Application: approved by the Planning Director: Lands of Cote, 24970 O'Keefe Lane: request for a secondary dwelling unit and to rebuild an existing barn 4.9 Award of contract for eucalyptus tree trimming—Reso # 4.10 Approval of second amendment to the agency agreement for the Countywide Household Hazardous Waste Collection Program—Reso# 4.11 Request for approval of sanitary sewer reimbursement agreement between the Town of Los Altos Hills and their property owners—Reso # 4.12 Fast Track Application: approved by the Planning Director: Lands of Widman, 26871 Moody Road: request for a new residence 4.13 Acceptance of the 2001-2002 Phase I—Street Rehabilitation Project—Duran and Venables, Inc.—Reso # 4.14 Adoption of Resolution authorizing agreement with Deborah Ungo-McCormick, AICP for Contract Planning Services—Reso # 4.15 Approval of contract change order No. 1 to G. Bortolotto & Co. for the 2001-2002 Phase II—Street Rehabilitation Project—Reso # 4.16 Approval of professional consultant services agreement with ADventure Media for the evaluation of the public works maintenance division—Reso # 4.18 Approval of Expenditure and Encumbrance Plan for Supplemental law Enforcement Funding Program(COPS) and Resolution authorizing same—Reso Items removed: 4.1 Approval of Minutes: June 6, 2002 (Special Meeting) (City Manager) Minutes will be available at the July 18, 2002 meeting. 4.2 Approval of Warrants: $629,790.57 (5/10/02—6/13/02) Fenwick questioned the following amounts: $312,500 (gift for Mayor); $5,282 (digital cameras); and $9,461.37 (Retainage). The City Manager noted the first item was actually for Street Rehab Project, Phase I, the second item in question was law enforcement equipment, and the third item was for a retainage for CIP contractor. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to approve 4.2 with corrections noted. June 20, 2002 Regular City Council Meeting 3 4.5 Approval of request for proposals for pathways grants consultant O'Malley questioned this item which was answered by the City Manager. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Casey and passed unanimously to approve. 4.17 Approval of wording for Town wide mailing on path issue—7/18/02 meeting Administrative Services Director and City Manager noted the difficultly finding a large enough facility for the upcoming meeting. The City Clerk is surveying the various facilities and the path issues meeting should be able to be scheduled in August. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve 4.17 with the exception of the date and location, and correcting "July 6h" to" June 6t'". 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals Casey recapped the status of her goals as Mayor: (1) break ground for a new Town Hall is in progress; (2) completed the building and planning fee study and revised fees in accordance; (3) implemented a resident customer satisfaction survey program; (4) completed an analysis of all Town codes, policies and ordinances for consistency, relevance and conformance with the General Plan; (5) on target to have broadband internet access available to all residents; (6) in process to adopt and implement a town pathway policy which includes a specific five year program for new program for the new construction of side road paths and a plan which improves the maintenance and materials of current town pathways; (7) item is on the agenda for this evening; (8) continue to explore alternatives to underground all utilities (also on Mayor Fenwick's list of goals); (9) adopting a plan for the highest and best use of town property is almost complete; (10) a five year capital spending budget has been adopted; (11) had a joint meeting of the City Council and Planning Commission; (12) a third of the Town responded to the emergency e-mail requests. Casey asked the current Council request that the post card go out again to increase the data base. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Casey and passed unanimously to direct staff to again send out a Town wide e-mail request to residents. 5.2 Adoption of Resolution adjusting building permit fees for new residences-Reso Sarah Joiner, Administrative Services Director, reviewed her staff report, in particular, the proposed adjustment of$6,576 which represents the average over recovery as determined by the analysis which accompanied the May 16 staff report. She asked for direction from Council regarding completing an in-depth fee study and proposing a revised fee schedule as June 20, 2002 Regular City Council Meeting 4 soon as possible (high priority). Councilmember Cheng felt they should wait until they have additional information before going forward with the reduction. MOTION SECONDED AND CARRIED: Motion by Casey, seconded by Finn and passed by the following roll call vote to approve the resolution adjusting building permit fees for new residences and direct staff to conduct an in-depth analysis of planning, building, and engineering fees and prepare a revised fee schedule for Council consideration. AYES: Mayor, Fenwick, Councilmember O'Malley, Finn, Casey NOES: Councilmember Cheng 5.3 Proposed Planning Commission recommendations for amending the Site Development and Subdivision Ordinance with regard to conservation easements, driveways and fences Discussion ensued regarding Conservation easements. The Planning Director introduced the amendment regarding conservation easements providing an aerial photo of the Town and the General Plan Diagram of the Town indicating open space preserve, open space conservation area, recreation area (public and private), residential, institutions, commercial, and industrial park. He noted the changes proposed will not increase the yield on subdivisions. Councilmember Cheng felt the definition was very subjective, requesting it be more black and white. The Planning Director stated some subjectivity is • needed as each lot reviewed is different. Ginger Summit, 13390 Lenox Way, was concerned with any changes that may occur to what is allowed within a conservation easement with the proposed amendments. She asked what will be protected and what will be allowed. The Planning Director noted that there will be public hearings at the Commission and Council level. Scott Vanderlip, 13851 Fremont Pines Lane, thought conservation easements were very important. It appears some areas will now be developed which may cause erosion. Some areas will be out of this area that should not be built on. Sandy Humphries, 26238 Fremont Road, stated the healthy ecosystem in town is responsible for the healthy wildlife. The conservation easement amendment is a drastic change. Protecting the oak woodlands is vital to the wildlife as well as keeping conservation easements over creeks. Councilmember O'Malley was on the committee reviewing this item. The committee did not have a recommendation for the degree of slope for a conservation easement; they left it to the Planning Commission who came up with a 40% slope. He would prefer 30% (he could live with 40%, but a 50% slope made him nervous). The Planning Director noted that they were recommending an average slope which is different from a regular slope. June 20, 2002 Regular City Council Meeting 5 Bill Kerns, 11888 Francemont Drive, had reviewed the General Plan and felt staff did an excellent job with evaluating the open space areas and with the definition. The ordinance, as written, is consistent with the General Plan. He suggested leaving it up to the Planning Commission to determine the appropriate percentage of slope to use. Councilmember Casey voiced support of the staff recommendation. Councilmember Cheng felt they would be looking at the big picture with the conservation map. The Planning Director stated this change will not increase development as the town formula controls development. It does provide more flexibility as it will connect more large areas and protect water shed areas. MOTION SECONDED AND CARRIED: Motion by Casey, seconded by Finn and passed by consensus to accept staff s recommendation and bring the conservation easement question into conformance with the General Plan and direct staff to prepare a draft ordinance to be reviewed by the Planning Commission and City Council. Discussion ensued regarding driveways. Bill Kerns, 11888 Francemont Drive, noted that staff had added the last sentence in (g) , not the committee, which was addressed by the Planning Director. jJim Abraham, 12831 Viscano Road, discussed the fire department recommendations for driveway widths asking if they should allow the fire department to dictate how houses and driveways are built. MOTION SECONDED AND CARRIED: Motion by Casey, seconded by Finn and passed by consensus to direct staff and the Planning Commission to draft the appropriate ordinance amendment regarding driveways as noted in the staff report. Discussion ensued regarding the proposed code section for fences. There was a suggestion to remove "and constructed with cross bars". Mayor Fenwick discussed Item(1) stating it was not needed. Al Whaley, 26925 Taaffe Road, would like to erect an eight foot fence on his property to keep the deer out. MOTION SECONDED AND CARRIED: Motion by Finn, seconded by Casey and passed by the following roll call vote to direct Staff and the Planning Commission to draft the appropriate ordinance amendment regarding fences as noted in the staff report, deleting "and constructed with cross bars" in item three (3), leaving item(1) as submitted. AYES: Councilmembers Cheng, O'Malley, Finn and Casey NOES: Mayor Fenwick 6. NEW BUSINESS 6.1 Approval of Council Policy on Town-wide mailings June 20, 2002 Regular City Council Meeting 6 Councilmember Casey addressed this issue asking Council to provide direction to staff • regarding Town wide mailing and the use of first class mailing, not bulk mailing, which delays the receipt of important information. The cost of the first class mailing is $1000. PASSED BY CONSENSUS: To direct staff to use first class mailing for town wide notifications. 6.2 Approval of Website Enhancements Phase II MOTION SECONDED AND CARRIED: Motion by Casey, seconded by Finn and passed by consensus approval of Website Enhancements—Phase II 6.3 West Loyola Annexation Project—Mr. Rich Larsen Rich Larsen, 10580 Berkshire Drive, Chairman, Leadership Committee, W. Loyola Annexation Project, publicly requested the Town initiate annexation of the W. Loyola neighborhood to Los Altos Hills. Provided the background of the request. Most of the Council have been very supportive of their efforts, pending and understanding of the sewer situation. Town staff has been preparing a master sewer plan for the Los Altos Basin which serve their neighborhood. The challenge is that the Master Plan will take as much as three years to complete. Their neighborhood wants to act now. They want the property standards that Los Altos Hills provides and believe it is in the best interest of Los Altos Hills to annex these properties, sooner rather than later. Waiting for the Master Plan unreasonably limits their options. He asked that(1) the Council instruct Town staff to develop an interim solution with the goals of facilitating voluntary annexation, (2) providing equal sewer access, and (3) alignment with the goals of the Master Plan. Casey supported this request and felt it would not hurt to start the process. O'Malley agreed they could start the process, however, it will take time. The City Engineer noted that the Sewer Master Plan will be presented at the July 18th meeting. Casey noted that Alan Epstein had actually paid someone to help staff with the process (paid for staff time) when he went through a similar situation. Mr. Larsen is also willing to provide the same assistance. Mr. Larsen stated that the neighbors want equal access to sewer as everyone else in Los Altos Hills. The Planning Director suggested moving forward with initiating the annexation with the applicant paying all the costs. However, there would be no guarantees. Casey felt they should move forward directing staff to handle. She noted that there was no sewer problem in town, it's just a matter of how they handle it. Finn and Cheng did not want existing Los Altos Hills residents competing for sewer rights because of an annexation. They did not want to move forward at this time. Cheng felt if they did complete the annexation, there should be no grandfather clause with the new annexation regarding rebuilding and/or remodeling. PASSED BY CONSENSUS: To direct staff to find an interim solution with the aid of Rich Larsen and Councilmember O'Malley. 6.4 Request for authorization to solicit proposals from engineering consulting firms for the preparation of the Sanitary Sewer Master Plan June 20, 2002 Regular City Council Meeting 7 f MOTION SECONDED AND CARRIED: Motion by Casey, seconded by Finn and passed unanimously to approve the authorization to solicit proposals form engineering consulting firms for the preparation of the Sanitary Sewer Plan. 6.5 Council appointments to committees and outside agencies Committee Liaison Community Relations Mayor Emergency Communications Mayor Environmental Design and Protection Emily Cheng Finance/Investment O'Malley Information and Safety Pathways Mike O'Malley Parks and Recreation Emily Cheng Youth Commissioner Mayor Exhibit Curator Mayor Town Historian Mayor Volunteer Awards Mayor Appointments to Outside Agencies _ ABAG Mayor O'Malley(alternate) Community Health Awareness Council Rory Kaplan City Selection Mayor Emergency Preparedness Councilmember Mayor League of California Cities-Peninsula Mayor Division Los Altos Hills County Fire Protection deleted Commission Los Altos Senior Center Board of Directors Martha Hunton Win Murray(alternate North County Library Authority Emily Cheng Joint Powers Authority Library Board Emily Cheng Valley Transportation Authority Policy Emily Cheng Advisory Board Los Altos Library Commission Barbara Lamparter Maura Winckkler Santa Clara Valley Water Commission Mike O'Malley Santa Clara Valley Water District Mike O'Malley Northwest Flood Control Advisor Mintze Cheng (alternate) Committee Santa Clara County Cities Association Mayor Mike O'Malley(alternate) Santa Clara County Cities Mayor Association Legislative Task Force Emily Cheng June 20, 2002 Regular City Council Meeting 8 Santa Clara County Housing and Community deleted Development Citizens Advisory Committee City/Schools Breakfast Forum deleted Bicycle Advisory Committee, Santa Clara Mike Kamangar County Transportation Authority Los Altos Sister Cities deleted General Plan Committee To be determined/not currently active Council Sub-Committees Newsletter Mayor Solid Waste Emily Cheng Website Mike O'Malley Undergrounding Utilities Mayor/Mike O'Malley Chamber of Commerce City Manager Town Hall Sub-Committee Mayor/Casey PASSED BY CONSENSUS: Motion by Finn, seconded by Casey and passed unanimously to approve Council appointments. 6.6 Approval of Request for Proposals for contract City Attorney Services PASSED BY CONSENSUS: Motion by Finn, seconded by Casey and passed unanimously to approve request for proposals for contract City Attorney services. 6.7 Approval of contract for information technology support services—Reso # PASSED BY CONSENSUS: Motion by Finn, seconded by Casey and passed unanimously for approval of contract for Information Technology Support Services. 6.8 Proposed November 2002 Ballot Measure: Parcel Tax for undergrounding utility wires on arterial roads and Town match Fenwick discussed the proposal, directing staff to prepare the appropriate report which would be reviewed on the August 1st City Council agenda. The City Attorney noted there was some question whether items relating to this will need to be on the July 18I' meeting as well. There may not be sufficient time because it is a tax ordinance. Two meetings may be necessary as well as noticing requirements. The item may need to be on the July 18th and August 1St agenda to insure it is on the August 9th ballot. Since staff has not been directed to look at this yet,there is a significant chance it would take two meetings. Cheng mentioned that some of the Districts have already paid for this. June 20, 2002 Regular City Council Meeting 9 Steve Popell, 14244 Amherst Court, asked for clarification as there did not appear to be enough information. The information provided regarding $6,000,000 for six miles of undergrounding and the 50 miles of above ground wires satisfied his inquiry. PASSED BY CONSENSUS: Motion by Casey, seconded by O'Malley, and passed with a NO vote from Cheng for proposal for initial fundraising for undergrounding utility wires. 6.9 Presentation of new Town Hall cost estimate Item continued until the Town Hall Committee has an opportunity to review the document, reporting back to the Council on July 18, 2002. Councilmembers Casey and O'Malley will also review the document. 6.10 Agreement with Goldman Architects for construction documents, bidding and negotiations and construction administration—Reso# The City Manager introduced this item by providing a proposed amendment #2 to the agreement for professional services with John Goldman, architect for the new Town Hall. It amends the original agreement for professional services to permit Mr. Goldman to continue working on an hourly basis until a formal agreement for his services for the next phases is prepared. The agreement will be presented at the July 18, 2002 meeting. PASSED BY CONSENSUS: Motion by Casey, seconded by Finn and passed unanimously to accept the interim contract until the formal contract is prepared. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES-none 8. STAFF REPORTS 8.1 City Manager-none 8.2 City Attorney The City Attorney was available for questions. 8.2.1 Report on requirements for sale of Town-owned property PASSED BY CONSENSUS: To continue this item. 8.2.2 Report on general public easements in Fremont Hills Subdivision Jim Abraham, 12831 Viscanio Road, referred to the "general public easements in Fremont Hills Subdivision" urging the Council to take guidance from the City Attorney and vacate the easements with the exception of 10 feet of the easement where a current or planned pathway is shown on the current Pathway Map and retain whatever is necessary for utilities. June 20, 2002 Regular City Council Meeting 10 PASSED BY CONSENSUS: To continue this item to the study session on pathways. 8.3 City Clerk 8.3.1 Report on Council Correspondence-none 9. COUNCIL-INITIATED ITEMS-none 10. PRESENTATIONS FROM THE FLOOR Michael Schoendorf, 13145 Byrd Lane, objected to a three minute limit for speaking. He referred to "Robert's Rules of Order" and Town ordinances stated he had a right to speak for five minutes. He asked for a ruling from the Town Attorney. Dan Siegel, City Attorney, noted that the code gives the Mayor discretion as to how to run a meeting. He can certainly review this and provide the Council with a memo. Mr. Schoendorf further discussed "study sessions" and what applies to study sessions. He wanted to make sure everyone was following the ordinance. Nancy Couperus, 13680 Page Mill Road, noted two items: an editorial in the June 19th San Jose Mercury News by Huey Johnson; and asked if they were considering a change to the Westwind Barn property, and if so, she would encourage a town wide vote. Mayor Fenwick commented on the article in the Mercury News noting an incorrect quote from himself stating that he was interested in selling Byrne Preserve. The quote was totally in • error. Mark Breier, 26359 Esperanza Drive, discussed the New Town Hall plans which he has shared with many residence. He objected to the process and the new entrance. He provided an "accident probability predictor" for review. He would prefer the entrance be moved to the stop sign at Fremont Road and Concepcion Road. Rhonda Breier, 26359 Drive, agreed they need a new Town Hall. Her objection was due to the lack of public input,the catering kitchen and the cost of the project. 11. PUBLIC HEARINGS 11.1 Request for approval of a two-lot subdivision and a proposed mitigatednegative declaration, Lands of Wurtz, 12950 Robleda Road The Planning Director reviewed the Planning Commission's approval of the two lot subdivision noting the Commission decided that no off-road pathways were necessary and that the subdivision would be subject only to paying the Town's pathway in-lieu fee. This was due to neighbors in attendance opposing the off road pathway, the applicant citing privacy concerns, steep terrain in the area of the proposed pathway and an alternate route on Brendel Drive. June 20 2002 Regular City Council Meeting 11 Discussion ensued regarding Parks and Recreation Fees, the number of oak trees on the site, and the procedure for calculating the in-lieu fee (fee related to the cost of raw land). OPENED PUBLIC HEARING Susan Roberts, Giuliani & Kull, project engineer, was available for questions. She felt the owner would like to have a conservation easement or Parks and Recreation fee as an option, not knowing exactly what the fee would be at this time. She asked if the wording could be changed to allow for either the dedication of the conservation easement as shown on the tentative map or the payment of in-lieu fees at the time the final map is recorded. CLOSED PUBLIC HEARING Discussion ensued regarding the ramifications of Parks and Recreation fee rather than in-lieu fees. MOTION SECONDED, AMENDED AND CARRIED: Moved by Casey, seconded by Finn, amended by O'Malley and unanimously to approve the Negative Declaration and Tentative Map for a two lot subdivision, Lands of Wurtz, as approved by the Planning Commission. 11.2 Introduction of Ordinance amending Section 10-1.504 (height) of Article 5 (area, coverage height and setback limitations) of Chapter 1 (zoning) of Title 10 (zoning and site development) of the Los Altos Hills Municipal Code (FIRST READING) • This item was introduced by the Planning Director,providing the history of the review process by the Planning Commission. OPENED PUBLIC HEARING Carol Gottlieb, 24290 Summerhill Avenue. noted that an important element of this ordinance was the siting of the homes in relation to protecting at least a portion of the neighbor's view with a 32 foot structure. CLOSED PUBLIC HEARING MOTION SECONDED, AND CARRIED: Motion by Casey, seconded by Finn and passed unanimously to approve the introduction of this ordinance as their first reading and waive further readings, introducing the ordinance. 11.3 Planning Commission and staff recommendations with regard to noise standards, Section 5.201 This item was introduced by the Planning Director with a review of the Planning Commission meeting and whether or not the Town's noise ordinance is impractical to comprehensively enforce came about as a result of two noise complaints that were recently brought to the City Council's attention. Staff recommends adopting the same as the General Plan Noise ordinance recommends, which is more appropriate than using the "C" weighted scale (extremely loud June 20, 2002 Regular City Council Meeting 12 noises). Also, in compliance, he suggested that night time noise start at 10:00 p.m. versus the current sunset. The current ordinance is very prohibited. Currently, any outdoor noise is in violation of the noise ordinance. It was felt they were trying to make the numbers reasonable since they are not addressing a major problem in Town. When asked if changing the standards would change the Woolsey (neighbor's air conditioners) situation, the answer was not known. OPENED PUBLIC HEARING Heinz Erzberger, 13457 Thendara Lane,provided information regarding noise in his neighborhood. He felt 40 dB night and 50 dB day standards worked for Los Altos and Palo Alto. The critical factor is the ambient noise factor. Nobuko Cleary, 26410 Silent Hills Lane, stated noise made by developers should be added to the ordinance. Cathy Perga, 12100 Dawn Lane, felt the duration of the noise is a factor,not just an occasional party or plane. The constant drone of a loud air conditioner is very annoying. Al Whaley, 26925 Taaffe Road, felt there was some confusion regarding sound meters and how sound is measured. He was opposed to raising the decibel levels. Mr. Pfefer, 26089 Todd Lane, was on the noise committee in March 1971. The original • ordinance specified the "A" scale, not the "C" scale and specified a minimum distance from the noise source. He would prefer the noise ordinance remain as written, only making a lower number for air conditioners. Roy Woolsey, 26649 Snell Lane, reiterated statements addressed in his letter dated June 14, 2002 in which he stated if allowed levels are raised above the current level of 50 decibels during the day, or above 45 decibels at night, everyone in town would be allowed to use louder noise producing equipment, which would raise noise levels in town. He felt a full EIR must be done before such action is taken, not merely approving a Negative Declaration. In conclusion, he hoped the City Council would agree to keep the hills the quiet town which one would expect of our semi-rural residential community. Charlie Wright, Purissima Road, provided history regarding the previous noise study. He had no problem with what was being proposed but he asked who would be doing the measuring, monitoring, and enforcing the ordinance. Nancy Ewald, 26131 Altadenda Drive, asked which category involved construction noise, is there someone who will be taking decibel levels when someone complains, and why do they need to increase the decibel levels any more than they are currently. Dan Alexander, 27200 Elena Road, had no problem with the noise ordinance as is. He would like a quiet town, not more noise. They should not encourage more noise. i June 20, 2002 Regular City Council Meeting 13 Lall Jain, 28510 Matadero Creek Lane, felt they need an reasonable ordinance they can enforce. They should follow what other cities are doing, at a minimum. Nimish Mehta, 26677 Snell Lane, felt they needed an ordinance which was reasonable and easy to obey. Currently the ordinance is so restrictive, they are at the mercy of their neighbors. Homes are being built bigger and bigger with larger air conditioners producing noise. This is why other like communities have increase the decibel levels in their towns. Michael Schoendorf, 13145 Byrd Lane, also felt they needed a reasonable ordinance, one that is enforceable for the occasional complaints, not one that would increase noise levels. He did not feel bigger homes produce more noise unless they are running larger equipment which should not be allowed. Sandy Humphries, 26238 Fremont Road, only knew of two instances of noise complaints in town. She did not know why so much time and effort into something that does not appear to be a problem. Harry Emerzian, 11670 Dawson Drive, did not feel large air conditioners make more noise. You can get quieter units, however,they are more expensive. Scott Vanderlip 13851 Fremont Pines Lane, was concerned with raising the noise levels. He felt quieter units should be installed initially. • Robert Sorenson, 13820 La Paloma Road, enjoys the peace and quiet on La Paloma Road until recently. The new home recently built near him has a noisy air conditioner. The decibel levels do not address the fact his property has been polluted with this noise. Patty Woolsey, 26649 Snell Lane, referred to a letter being sent from Jay Shideler would was unable to attend the meeting. She requested leaving the day time decibels at 50 and the night time decibels be increased to 45. They should have a strict noise ordinance. Animal noise is a more therapeutic sound(not barking dogs). Let's keep the peaceful environment. Shabnam Jain, 28510 Matadero Creek Lane, felt they have an ordinance which is not enforceable and no one follows. So many are in violation with simple water features in her area. Dieter Ewald, 26131 Altadenda Drive, noted he was in the process of putting in a pool. He suggested using the same standards for air conditioners as with pool equipment. CLOSED PUBLIC HEARING Finn agreed with Mr. Ewald as equipment should be quiet. Pool equipment and air conditioners should have a very special place in this ordinance (very quiet). O'Malley understands this is a sensitive issue. From the Town standpoint, it makes sense to raise the standards up to 55/45 as they will be enforceable. There needs to be something done regarding air conditioners (noise and location). Commissioner Cheng asked what the noise level of the air conditioner of his neighbor. Mr. Woolsey noted the neighbor has three AC's,- June C's;June 20, 2002 Regular City Council Meeting 14 two ton, four ton and a five ton. The two ton was measured at 58 decibels. Casey noted this issue was brought to the City Council due to complaints from two neighbors (regarding a rooster and air conditioners). They directed staff to review the ordinance and return for direction. The Council asked for input and advise through a Town wide mailing. The problem is that currently there is no way to enforce the current ordinance. The Town needs something enforceable. There is a separate ordinance regarding construction noise. Cheng and Fenwick would recommend 55 decibels for day and 45 decibels at night which is currently in effect in the City of Los Altos. Further discussion ensued regarding sound measurement as noted in the General Plan. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and unanimously carried to continue the recommendations with regard to Noise Standards, Section 5-2.01, for more study by the Council to get a better understanding based on the input provided by the residents. 11.4 Adoption of a proposed Town Budget for Fiscal Year 2002-03 and the appropriations limit for the fiscal year ending June 30, 2003 and approval of the Town' compensation schedule for fiscal year 2002-03 -- Resolutions# Approval of Council/Committee Goals with annual operating budget for FY 2002- 03 and CIP Sarah Joiner, Administrative Services Director introduced this item by providing additional • information regarding the draft Operating and Capital Improvement Pro Eram Budgets, noting changes to the document. The Finance Committee met on June 10' at which time they reviewed the budgets and compensation schedule for fiscal year 2002-2003 and recommended that the document be adopted by the City Council. In addition, the Committee agreed with the Staff recommendation that budgeted discretionary operating expenditures, including the cost of living increase normally given to employees on July 1, be delayed until after the effects of the State's fiscal problems and the results of a Town fee study are know. She further discussed the Budget in more detail. The minutes of that meeting were also available and she noted a correction to the minutes of June 10'', striking the second sentence, replacing it with the following: Mr. Lloyd commented that the money from the sale of these properties could possibly be used for the Town Hall project as well as Town recreation programs. During the discussion, Douglas Norby noted that the FIC had not recommended the sale of Westwind Barn, as it had not yet reviewed it." OPENED PUBLIC HEARING CLOSED PUBLIC HEARING MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously to approve the Operating and Capital Improvement Program Budgets and Employee Compensation Plan the fiscal year 2002-2003 as presented. June 20, 2002 Regular City Council Meeting 15 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, Dan Siegel, City Attorney: Under Negotiation: Lease 13. CLOSED SESSION: LITIGATION: CONFERENCE WITH LEGAL COUNSEL: PURSUANT GOVERNMENT SECTION 54956.90: ANTICIPATED LITIGATION TWO CASES 14. REPORT OUT OF CLOSED SESSION 1. No reportable action taken on Real Estate Negotiation. 2. Two pieces of potential litigation: a. No action taken on one. b. Council authorized staff to locate and hire an EIR consultant to prepare an EIR for the Pathways project. Staff is authorized to commit $15,000 before bringing a contract to Council for approval on July 18, 2002. 15. ADJOURNMENT There being no further new or old business to discuss,the City Council Meeting was • adjourned at 10:06 p.m. Res ectfully submitted, Lani Smith Acting City Clerk The minutes of the June 20, 2002 Regular City Council Meeting were approved at the July 18, 2002 Regular City Council Meeting. June 20, 2002 Regular City Council Meeting 16