HomeMy WebLinkAbout10/03/2002 Minutes of a Regular Meeting
October 3, 2002
Town of Los Altos Hills
City Council Regular Meeting
Thursday, October 3, 2002, 6:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER,ROLL CALL AND PLEDGE OF ALLEGIANCE:
Mayor Fenwick called the Regular Meeting of the City Council to order at 6:05 p.m. in
the Council Chambers at Town Hall.
Present: Mayor Fenwick and Councilmembers Casey and Cheng
Absent: Councilmembers Finn and O'Malley
Staff: Acting City Manager/Planning Director Carl Cahill, City Attorney
Steve Mattas, City Engineer/Director of Public Works Mintze
Cheng, Administrative Services Director Sarah Joiner and City
Clerk Pat Dowd
Is Press: Chuck Carroll, San Jose Mercury News
PASSED BY CONSENSUS: To limit the length of time for public comment to three
minutes.
Mayor Fenwick commented on the recent vandalism that had been done to the homes
of one Councilmember and two Planning Commissioners. He also noted that two
Councilmembers had received threatening phone calls. Mayor Fenwick condemned
this bad behavior in the strongest possible manner. He believed Los Altos Hills was a
sophisticated place to live and educated people lived in Town. This was not routine
behavior.
The following changes to the agenda were announced.
The Planning Director recommended that the public hearings on the Malek, Kerns and
Blair subdivisions be continued to allow for the recirculation of the negative
declarations since the notice of intent had not been filed with the County Clerk on
these three projects.
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MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously by all members present to continue the public hearings on the
Lands of Malek, Lands of Kerns and Lands of Blair subdivisions to the November 7,
2002 City Council Meeting.
The City Attorney requested that an item be added to the agenda regarding the Town
Hall project. Specifically he asked that a resolution be considered to adopt the
prequalification program for the Town Hall construction project.
MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by Casey and
passed unanimously by all members present to add a resolution adopting the
prequalification program for the Town Hall construction project to the agenda as an
urgency item.
2. APPOINTMENTS AND PRESENTATIONS
3. PLANNING COMMISSION REPORT
4. CONSENT CALENDAR
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously by all members present to approve the Consent Calendar,
specifically:
4.1 Approved Minutes: September 19, 2002
4.2 Approved Warrants: $205,036.18 (9/13/02—9/27/02)
4.3 Awarded Certificate of Appreciation: William Krause, Finance
& Investment Committee
4.4 Accepted work— The 2001-2002 Phase II Street Rehabilitation Project;
G. Bortolotto & Company—Reso #94-02
4.5 Request for proposals for banking services: agreed to reject all bids
received in response to the request for proposals for banking services
5. UNFINISHED BUSINESS
5.1 Update on Mayor's Goals
(1) Break ground for the new Town Hall,partially funded by donations
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The second agreement with the architect was approved at the August 15th Council
Meeting. The architectural firm was proceeding to finish the working drawings
for the project and these should be done in about four weeks. Council would be
discussing a prequalification program for the Town Hall construction project
later in this meeting. The fundraising package had been put together and pledges
have been received.
(2) Undergrounding of utility wires in Los Altos Hills
The decision was made at the 8/1/02 meeting not to put this on the November
ballot. The Mayor will be reintroducing his earlier proposal on undergrounding
later this year.
(3) Complete the update process for an accurate 2002 master pathway map
The Master Path Plan will be discussed at the 10/17/02 Council Meeting at a
public hearing as part of the General Plan amendment process.
(4) Consider the possibility of adopting a view ordinance for the Town
Staff is reviewing view ordinances from other cities including Tiburon.
5.2 Adoption of Ordinance amending certain chapters of the conflict of
interest Code (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously by all members present to adopt Ordinance#423 amending certain
chapters of the conflict of interest code.
5.3 Council Open Space/Town-owned Property Policy ptions—Continued
Discussion
Consideration of a City Council sponsored ballot measure to require
voter approval for an amendment to the land use designation for
certain properties owned by the Town and prior to sale or conveyance
of those same properties. Reso #
The City Attorney provided Council with a written report identifying alternative means
of preserving the Town-owned property. The two primary alternatives were a City
Council sponsored ballot measure or the sale of fee interest or easement to land trust.
The City Attorney also noted that at the request of Mayor Fenwick and
Councilmember Casey he had prepared a resolution and ordinance for consideration by
the Council and possible submission to the voters. The proposed ballot measure would
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(1) impose a voter approval requirement for the sale, transfer, conveyance or
abandonment of specified Town-owned properties; and (2) impose a voter approval
requirement for the redesignation or rezoning of any of the specified Town-owned
parcels. By imposing this voter approval requirement, the ballot measure, if approved,
would maintain the current zoning designations until a further vote of the people.
Casey stated that she supported this measure. She further commented that it had never
been suggested by the Council that any of the Town-owned property would be sold.
Fenwick also stated his support noting that the entire issue would go to the voters.
Cheng concurred commenting that this covered all the Town-owned properties.
Jitze Couperus, 13680 Page Mill Road, referred to a letter submitted by the law firm of
Shute, Mihaly & Weinberger on the issue of the City Council sponsored Town-owned
property ballot initiative. The letter included the following concerns: 1) The Town
measure unnecessarily limited the ability of future City Councils to protect the Town's
open space resources through conservation and open space easements; 2) The Town
measure took a step backward by locking in inappropriate general plan designations
over Town-owned open space properties; and 3) The Town measure's failure to amend
the general plan rendered it invalid under State Law. Mr. Couperus also expressed
concerns about two ballot measures going to voters which could result in confusion.
Lysbeth Goodman, 11989 Rhus Ridge, asked who drafted the ordinance before
Council and was advised by the City Attorney that his office had.
• Council agreed that the ballot measure should be modified to delete the references to
current zoning districts, to include the reference to modifying Title II, Chapter 7 of the
Code, to include a statement reserving the right to convey an easement, and to place
this measure on the next general or special election occurring at least 88 days from
10/3/02 whichever occurs first.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously by all members present to adopt Resolution #95-02 to place
before the voters of the Town of Los Altos Hills an ordinance adding Title Il, Chapter
7 to the Los Altos Hills Municipal Code.
6. NEW BUSINESS
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Emergency Communications Committee
Fenwick reported that a meeting of the Emergency Communications Committee had
been held this week and a training session had been held last Saturday.
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8. STAFF REPORTS
• 8.1 City Manager
8.2 City Attorney
8.2.1 Prequalification Program for the Town Hall Construction Project
The City Attorney reported on this item that had been added to the agenda as an
urgency item. He noted that as one of the initial steps in the Town Hall Project process
Council should adopt a prequalification program for the Town Hall Construction
Project. This step was in compliance with the Local Public Construction Act,
California Public Contract Code and with the Department of Industrial Relations
Model Procedures for prequalification of bidders.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously by all members present to adopt Resolution #96-02 to adopt a
prequalification program for the Town Hall Construction Project.
8.3 City Clerk
8.3.1 Report on Council Correspondence
9. COUNCIL-INITIATED ITEMS
9.1 Town Roads
Casey took the opportunity to commend the City Engineer/Director of Public Works
for the significant improvements that had been made to the Town's road system.
10. PRESENTATIONS FROM THE FLOOR
Mark Breier, 26359 Esperanza, presented a petition to the Council signed by 1,000 of
the Town's residents in support of their citizen's design for the new Town Hall. He
urged Council to stop the current design and consider this input from the residents.
Jim Downey, 26000 Newbridge, stated his support of the citizens' design for the new
Town Hall. It was 18' high and cost less. There were also expensive architectural
features in the proposed Town Hall design. Mr. Downey questioned what would
happen if the contributions did not come in for this project. He thought all residents
should have a choice about this project.
Dr. Steve Kellum, Esperanza, supported the citizens' design. He thought it had a more
natural, rural look. He also supported a community facility at Bullis School.
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Bill Downey, 14330 DeBell, supported a rural, low-key Town Hall and one that was
• modest, simple and tasteful. He also noted that he would support a recall if
Councilmembers did not listen to these concerns of the residents.
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Jim Steiner, 14195 Wild Plum, commented that he was looking for information on the
finances of the Town. Specifically he wanted to know what the current fund balances
were. He had contacted the Finance Department but had been told this information
was not available. He also referred to the removal of the house on the Campbell/Ligeti
property. He noted that the plans the contractor had been using were fifteen months
old and not ones approved by the Town. Mr. Steiner referred to the responsibility of
the project architect, project contractor and the Town's building department to see that
this project was done according to approved plans. He asked what steps the Town
planned to take.
Jim Abraham, 12831 Viscaino Road, stated that the majority of residents liked the
proposed Town Hall. He believed the funding structure was in place and he urged
Council to keep up the good work.
Mark Jensen, 26225 Purissima, noted that in recent campaign literature received from
the candidates Breene Kerr and Dean Warshawsky were against the proposed new
Town Hall and Bill Kerns and Janet Vitu made no statement about it at all.
Steve Bristow, 11235 Hilltop, commented that it was nice not to have a Sheriff's
Deputy on hand at this meeting. He also noted that he had received both mailings on
• the issue of the Town Hall project. He believed the Town should have asked for input
from the residents before making a decision. Mr. Bristow thought 1,000 residents in
support of the citizens' design was a lot.
Ginger Summit, 13390 Lenox Way, strongly recommended more citizens' input on
this project and noted this should have been obtained much earlier in the process. She
supported a smaller Town Hall, one with a simple and rustic design. She also urged
Council to consider other alternatives such as a multi-purpose facility at Bullis School.
John Harpootlian, 26435 Anacapa, referred to a recent press release issued by Hills
2000 — Friends of the Hills in which they stated their shock and dismay at the recent
vandalism suffered by Councilmembers and appointees. They stated their strong
support of efforts to identify the perpetrators and bring them to justice.
Jan Fenwick, 28011 Elena, commented on the Purissima Hills Water District Building
and noted that no matter what course the Council took, the District needed a new
building and would not be.able to continue in the one they were currently using. On
another issue Mrs. Fenwick referred to the recent mailing done by the Watch Dog
group on the Town Hall project and believed it included inaccuracies. How did they
know their project was half the cost?
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Eric Clow, 27660 Central, commented on the long term operating costs of the new
• Town Hall and noted that some of the design features included now could be cost
saving in the future.
David Pilling, 12849 Canario Way, noted that correct leadership decisions need to be
made. He suggested compromises be considered and Council not ignore the opinions
of the residents.
Frank Lloyd, 12824 Brendel Drive, suggested that the neighborhood group post on
their webpage a detailed comparison of costs for the Town Hall project. He also noted
for Council's reference that on page 18 of the recently approved Town budget there
was a clear summary of the Town's available reserves.
Colette Cranston, Fremont Road, asked why Council could not take a month or two to
review different options for the Town Hall project. She also supported a rural ranch
style building for the new Town Hall.
Luis Yanez, 26879 Moody Road, recommended that Council hire a professor from Cal
Poly to objectively look at both designs for the new Town Hall and to evaluate costs,
maintenance, design. They could then give Council an informed, objective decision on
which design was preferred.
John Goldman, architect for the Town Hall project, addressed some of the comments
being made about the Town Hall project. The statement being made by the citizens'
group that their design is half the cost and half the height of the approved Town Hall
design was not true. He noted that the average height of the Town Hall design was
22.8' with the tower (100 square feet) at 35'. There was also a small section of the
clerestory element that was 30'. 3.3% of the roof area was higher than the currently
allowed height. The tower was 1% of the roof area. Mr. Goldman then addressed the
cost issues. He noted that obviously a larger building would cost more than a smaller
one and the Town Hall design included covered outdoor area and a courtyard in
addition to the building. His price per square foot was $348 with the citizens's design
at $250. Mr. Goldman also commented on the expensive foundation system which
needed to be put in as well as the extra costs involved because the new Town Hall was
an essential services building. Regarding the style of the building Mr. Goldman noted
that he was asked to do a mission style design. Mr. Goldman noted that there were
extra elements in the design which could amount to about $700,000. These included
pavers and stone,wood columns, roof tile, wood windows, stucco and lighting.
Casey addressed the allegations that Council had discussed this project in other than
public meetings. She noted that in the past two years Council had sent seventeen
Town-wide mailings on various issues to the residents. Last December renderings of
the new Town Hall had been displayed in Council Chambers and an article had been
included in the Town Crier and the Town newsletter. At the time there had been
comments received. Casey also noted that while the process may not have been
perfect, it was a duly undertaken process and no one had come up with a better process
to put in place.
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11. PUBLIC HEARINGS
11.1 Request for approval of a three-lot subdivision and proposed mitigated
negative declaration, Lands of Malek, Buena Vista Drive
This item was continued to the November 7, 2002 City Council Meeting.
11.2 Request for approval of a two-lot subdivision and reuse of a mitigated
negative declaration, Lands of Blair, 27161 Fremont Road
This item was continued to the November 7, 2002 City Council Meeting.
11.3 Request for a two-lot subdivision and negative declaration, Lands of Kerns,
11888 Francemont Road
This item was continued to the November 7, 2002 City Council Meeting
11.4 Review of the conditional use permit for the operation of a commercial
stable, Friends of Westwind, Inc., Lands of Los Altos Hills, 27210
Altamont Road
The Planning Director commented on the erosion problem and noted that the Planning
Commission had addressed this issue and included conditions on erosion control. The
Planning Director referred to his staff report in which he asked Council to consider
authorizing a soil and land management study for the property at a cost not to exceed
$5,000. However, after discussions with the representatives of Westwind on the steps
they planned take to address erosion, he believed this additional conditional might not
be necessary.
Dan Alexander, President—Friends of Westwind, commented that they had had a long,
working relationship with the Town. He referred to the issue of erosion and noted that
one neighbor had complained. Mr. Alexander reported that they were planning on
fencing off the top square portion of the fields where this was occurring. He did note
however that they relied on the large part of the pasture for grazing and to have to
landscape all of this area would reduce their ability to graze horses not to mention the
fact that the horses would eat all of the grass anyway.
Jane Kawasaki, Friends of Westwind, reiterated that they were working on the erosion
problem and planned to fence of the square section at the top of the fields. They would
be contacting a landscape architect.
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MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and
passed unanimously by all members present to approve the conditional use permit for
the operation of a commercial stable, Friends of Westwind, Inc. at 27210 Altamont
Road as recommended by the Planning Commission.
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12. ADJOURNMENT
There being no further new or old business to discuss, the City Council Meeting was
adjourned at 7:55 p.m.
Respectfully submitted,
=.:..✓
Patricia Dowd
City Clerk
The minutes of the October-3, 2002 Regular City Council Meeting were approved at
the October 17, 2002 Regular City Council Meeting.
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