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HomeMy WebLinkAbout10/19/2000 Minutes of a Regular Meeting October 19, 2000 Town of Los Altos Hills City Council Regular Meeting Thursday, October 19, 2000, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Finn called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Finn and Councilmembers Casey, Cheng,Dauber and Johnson Absent: None Staff: Acting City Manager Bob Quinlan, City Attorney Sandy Sloan, Planning Director Carl Cahill,Public Works Manager Jim Rasp • and City Clerk Pat Dowd Press: Shobha Rao, Los Altos Town Crier APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Finance Committee In addition to the Finance Committee members who wished to be considered for reappointment (Frank Lloyd, Jim Steiner and Dave Struthers), Council had received applications from six residents for this committee: Michaela Broering, Lalla Carsten, Wilfred Corrigan, Lall Jain, Shabnam Jain and Brenda Mittelman. The City Clerk advised Council that Michaela Broering had withdrawn her application at this time due to other commitments. There are five vacancies on the committee. Wilfred Corrigan, 12797 Normandy Lane; Lall and Shabnam Jain, 28510 Matadero Creek Lane; and Frank Lloyd, 12824 Brendel each addressed the Council expressing their interest in participating on the Finance Committee. They referred to their education and experience in finance and each noted their willingness to give time to their community. Mr. Lloyd noted that he had been a member of the Finance Committee since 1987 and he was familiar with the Town's financial documents and history. Dauber stated that she believed a long learning curve was needed for this committee and she suggested a transitional appointment of members. October 19, 2000 Regular City Council Meeting 1 • MOTION SECONDED AND FAILED: Moved by Dauber, seconded by Johnson and failed by the following roll call vote to appoint the longest members of the Finance Committee (Frank Lloyd and Jim Steiner) to the Finance Committee for a one year term; to appoint Dave Struthers for a two year term; and to increase the number of committee members to seven. AYES: Councilmembers Dauber and Johnson NOES: Mayor Finn and Councilmembers Casey and Cheng Casey stated that she did not think there was a long learning curve involved and Council should look at the qualifications of the applicants for this committee. MOTION SECONDED 'AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to appoint Lalla Carsten, Wilfred Corrigan, Lall Jain, Shabnam Jain and Frank Lloyd to the Finance Committee each for four-year terms. AYES: Mayor Finn and Councilmembers Casey, Cheng and Johnson NOES: None ABSTAIN: Councilmember Dauber Dauber stated that she objected to voting on committee members who were not available to be interviewed. • 3. PLANNING COMMISSION REPORT The Planning Director reported that at the October 11th Planning Commission Meeting the public hearing was held on constrained lots. The revised ordinance was now ready for Council review and he asked if the Council wished staff to send a Town-wide mailing on this issue. The Planning Director also noted that he had prepared a public hearing notice for Council's comment. Council agreed that the issue of constrained lots warranted a Town-wide mailing of the hearing notice. Council also agreed that the public hearing notice should be sent to Duffy Price, member of the Community Relations and editor of the Town Newsletter, for her input on an eye catching, clear explanation of the issue to be discussed. This draft will be brought back to Council at the next Council Meeting for approval and the public hearing will be scheduled for the December 7th Council Meeting. 4. CONSENT CALENDAR Items Removed: 4.1 (Dauber) and 4.5 (Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to approve the balance of the Consent Calendar, specifically: • October 19, 2000 Regular City Council Meeting 2 • 4.2 Approved Warrants: $231,325.82 (9/27/00— 10/10/00 ) 4.3 Concurred with the action of the Planning Commission: approved the following at the 9/28/00 Planning Commission Meeting: 4.3.1 Lands of Porter, 12335 Stonebrook Court: request for a site development permit and variance for a new addition, two accessory structures, pool and hardscape and landscape 4.4 Approved amended and restated agreement to provide Local Law Enforcement Agency Access to the California Identification System—Reso #75-00 4.6 Approval of proposal from Wilsey Ham to provide surveying services for the Aerial Topography Project, CIP00-01 —Reso#76-00 Items Removed: 4.1 Approved Minutes: October 5, 2000 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Finn and passed by the following roll call vote to approve the minutes of the October 5, 2000 City • Council Meeting with the following corrections: page 5, Item 5.1, change last sentence to read as follows: "Council agreed that when the Town was ready to consider putting in this path it would be agendized for further discussion and the neighbors would be notified."and on page 10, Item 11.1, last sentence of paragraph four should read: "Dauber suggested that since the neighbors had offered a compromise, the applicant might be allowed to choose between the neighbors' proposal to move the garage back 22 feet and remove the basement from the pool house and Casey's proposal to allow the basement but move the garage back 25 feet." AYES: Mayor Finn and Councilmembers Casey, Cheng and Dauber NOES: None ABSTAIN: Councilmember Johnson(not present at the 10/5/00 Council Meeting) 4.6 Approval of public hearing notice on ordinance amendment prohibiting location of equipment within setbacks MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously to direct staff to modify the public hearing notice to include what the current ordinance on this issue stated and what changes were being proposed. Council further directed that staff set the public hearing for the December 7t` Council Meeting, to post and advertise as legally required but not to send out a Town-wide mailing on this ordinance change. • October 19, 2000 Regular City Council Meeting 3 i 5. UNFMSHED BUSINESS 5.1 Discussion of Meeting Times for Committees Casey stated that this issue had been raised because of the meeting time of the Safety Committee (3:00 p.m. on Wednesdays) which was not convenient to many of the Town residents who worked during the day. She believed the committees should meet at times that were accommodating to the majority of volunteers. This issue had specifically come up because the newly appointed member to the Safety Committee, Art Bernstein, found the meeting time of the committee to be in conflict with his work schedule. Tom Turner, Chairman of the Safety Committee, noted that their committee had met at 3:00 p.m. on Wednesdays since the beginning of 1998. All of the members found this to be a convenient time and for a variety of reasons most of them would not be able to meet in the evening hours. Scott Overstreet, Bob Hall and Nobuko Cleary, members of the Safety Committee, reiterated Mr. Turner's comments. They noted that people had lots of different schedules such as evening shifts, etc. and no one time would be conducive to all. They did reschedule the last meeting to 4:00 p.m. and the new member had been able to attend. They all supported the 3:00 p.m. meeting time. • Art Bernstein, member of the Safety Committee, stated that he had made the request for the change in meeting time as 3:00 p.m. was not convenient for him due to his work schedule. He did not believe the present committee was reflective of the diversity in the Town and questioned whether the majority should rule in such a situation. Mr. Bernstein stated that he would like to continue on the committee and an early morning or early evening meeting time would be more convenient. Betsy Bertram, 11854 Page Mill Road, stated that if Council was going to change a committee meeting time for the benefit of one committee member then she would like to see the fast-track meetings, now held during the day, changed to evenings to accommodate her schedule. Dauber referred to the resolution which established the Town's standing committees and the rules pertaining to them. In this resolution it was stated in section 4(a) that each standing committee shall establish a time and place for its regular meeting. Dauber stated that unless Council wanted to change the resolution it seemed clear that meeting times had been left to the committees to decide. PASSED BY CONSENSUS: Council asked the Safety Committee to meet and discuss this issue of what time the committee should meet and to bring their decision back to the Council. October 19, 2000 Regular City Council Meeting 4 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Los Altos Hills County Fire Protection District Board Johnson reported that as of January 1, 2001 four terms on the Los Altos Hills County Fire Protection District Board would expire. Karen Jost and Marilyn Halliday who represented the County and Sid Hubbard and Jay Stone who represented the Town. All four wished to be considered for reappointment. These positions were appointed by the Santa Clara County Board of Supervisors and the Council could make recommendations for appointment to the Board. 7.2 Parks and Recreation Committee Cheng reported that at the last Parks and Recreation Committee meeting they had visited all of the Town owned properties looking for possible venues for Town recreation programs. 8. STAFF REPORTS 8.1 City Manager • 8.1.1 City Manager Recruitment The Acting City Manager reported that the recruiting firm had prepared and distributed the brochure on the City Manager position and advertising was proceeding. 8.1.2 COPS Funding The Acting City Manager reported that the Town had available approximately $220,000 in COPS (Cititzens' Option for Public Safety) Funding. Of this amount $100,000 could be used only for equipment. The Acting City Manager said he had met with Captain Miles of the Sheriffs Department for recommended uses of the money and he planned to meet with the Town's Safety Committee for their recommendations. Dauber also suggested talking directly with the deputies on patrol in the Town for their comments. This matter will be agendized for a future Council Meeting. 8.1.3 Pathway In-Lieu Fees The Acting City Manager noted that an intern was being hired to assist staff in the completion of this project to review the pathway in-lieu fees. This report should be coming back to Council in about two and one-half months for discussion. October 19, 2000 Regular City Council Meeting 5 • 8.2 City Attorney 8.2.1 Voting Information In response to an inquiry from Mayor Pro Tem Casey,the City Attorney reported on those eligible to vote in the Town's election. She referred to a letter dated 6/28/00 from the Registrar of Voters which stated: "A person who leaves his or her home to go into another precinct in this state for temporary purposes merely, with the intention of returning, does not lose his or her domicile. A person does not gain a domicile in any precinct into which he or she comes for temporary purposes merely, without the intention of making that precinct his or her home." 8.3 City Clerk 8.3.1 Report on Council Correspondence MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to add the request from the Los Altos School District Board of Directors for support of Measure E to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously to endorse Measure E,the renewal of the school district's parcel tax. • PASSED BY CONSENSUS: To direct the City Manager to send a letter to Mr. Shoemaker in response to his letter concerning sewer connection to certain homes in the unincorporated area near Stonebrook. Council asked the City Manager to advise Mr. Shoemaker that he should contact LAFCO (Local Agency Formation Commission) for information on their process concerning such requests. Council referred to a letter received from Dr. Silver recommending a four way stop at Prospect, Stonebrook and Oak Knoll. PASSED BY CONSENSUS: To send this recommendation to the Public Works Manager for a report and to send a letter to Dr. Silver advising him it is being studied and he'll be notified when it is agendized for Council discussion. 9. COUNCIL-INITIATED ITEMS that the November 16 2000 and December 21 2000 9.1 Request City Council q Meetings be cancelled (Mayor Finn) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to cancel the November 16, 2000 and December 21, 2000 City Council Meetings. October 19, 2000 Regular City Council Meeting 6 • 9.2 Basement Ordinance (Mayor Pro Tem Casey) Casey asked that a review of the basement ordinance including the light well issue be agendized for the December 7t' Council Meeting. 9.3 Customer Survey and Site Development Process (Mayor Pro Tem Casey) Casey asked that a discussion of the Site Development Permit process at the staff level and the implementation of a customer satisfaction survey be agendized for the December 7d' Council Meeting. 9.4 Montgomery Path Issue (Councilmember Dauber) Dauber inquired about the path issue on the Montgomery property and was advised by the Planning Director that when the applicant was prepared this matter would be agendized for a Planning Commission Meeting. 10. PRESENTATIONS FROM THE FLOOR John Harpootlian, 26435 Anacapa, noted that he had met with the Acting City Manager • and Office Manager to discuss the video taping of Council Meetings and the quality of the audio tapes and microphone system at Town Hall. Long term issues to be addressed included a new microphone system and rewiring of the building. In the meantime Mr. Harpoothan was asking Council to decide if they wished to add the video taping (coordinated with the audio tapes provided by the Town) of the Council Meetings to the Town's webpage. Admittedly theirs was a slow process now as they were hosting the video on a personal server but the process would be much quicker on the Town's webpage. Council agreed that this matter should be looked at by the Utility and Information Systems Committee for a recommendation and the Acting City Manager will bring a report back at the next Council Meeting. Betsy Bertram, 11854 Page Mill Road, referred to the most recent mailing sent out by the Mayor using the Town's logo and asked for clarification on the discussion that had taken place at an earlier Council Meeting on this same subject. In response to Ms. Bertram's comments, Johnson reiterated his belief that it just should not be done. Casey and Finn stated that it was common practice among those in office to urge support or opposition of issues and candidates and they too used their official letterhead. This was done at all levels of government and they did not think it was an inappropriate use. Dauber stated that she believed it was different supporting candidates • for local council elections than supporting or opposing measures. October 19, 2000 Regular City Council Meeting 7 • William Downey, 14330 DeBell, also referred to the use of the Town logo by the Mayor on his letterhead and his recent letter supporting certain candidates. Mr. Downey believed this was an arrogant attitude and a counterfeit use of the Town logo. 11. PUBLIC HEARINGS 11.1 Request for a two-lot subdivision of a 2.77 acre parcel and a proposed mitigated negative declaration, Lands of Padmanabhan, 27531 Elena Road Casey stated that she planned to ask that condition of approval number seven be removed. This condition stated that: "The applicant shall grant a conservation easement to the Town of Los Altos Hills at locations where the slope of the land equals or exceeds 30% and where there are significant stands of oak trees. The location and extent of the easement shall be approved by the Planning Director and the perimeter of the conservation easement may be contained with open fencing only(not chain link) to allow the free movement of wildlife." Casey noted that a resident could not cut down oak trees per the Town's Code nor could they build in a conservation easement. She believed this condition which included about a half acre of land was overly restrictive and inquired if the applicant understood this. She noted for example that he would not even be able to put a vineyard in this easement. Casey further asked that the Planning Director research the General Plan to ascertain what the requirements and limitations were for conservation easements. • Mr. Padmanabhan, applicant, commented that they had purchased the lot several months ago and at this time were only planning on proceeding with the subdivision process. When asked by Casey if the conservation easement had been specifically addressed during the application process, Mr. Padmanabhan stated that it was an issue that had not been raised. He also commented that his neighbor had plans for a horse ranch. Betsy Bertram, 11854 Page Mill Road, noted that according to the Town's Code only two hooved animals were allowed per acre. Mark Helton, Giuliani & Kull, noted that the conservation easement was included because according to staff it was required and highly desirable from the Town's point of view. Rick Mcaulay, 27501 Elena Road, gave a brief history of this property and also expressed his concerns about the fence issue. He believed deer could be kept out with a visibly permeable fence. He also noted that there were two structures on his property which had been there for a long time and were quite close to the property line. If a solid fence were allowed the view from the buildings could be almost totally blocked. Dauber supported conservation easements as they were important for the preservation of natural habitats for animals and they were addressed in the Town's General Plan. She • October 19, 2000 Regular City Council Meeting 8 • also noted that the fencing on the property was only restricted in the conservation easement per the conditions of approval. The rest of the property could have any kind of fencing as allowed by the Code. Johnson also commented that the applicant was aware of the conditions of approval including conservation easements particularly as he was working with Giuliani & Kull, a very well respected firm that was quite experienced with the Town's requirements. Cheng stated that she concurred with the recommendations of the Planning Commission and Planning Director. The Planning Director further commented that he would work with the applicant on the location of the conservation easement and that the applicant could appeal his decision if he wanted to. MOTION SECONDED AND FAILED: Moved by Casey, seconded by Finn and failed by the following roll call vote to continue this public hearing to the next Council Meeting to allow staff the opportunity to research exactly what the General Plan required concerning conservation easements. AYES: Mayor Finn and Mayor Pro Tem Casey NOES: Councilmembers Casey, Cheng and Johnson MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to approve the request for a negative declaration and tentative parcel map for a two-lot subdivision at 27531 Elena Road, Lands of Padmanabhan based upon the findings and conditions of approval as recommended by the • Planning Commission. AYES: Councilmembers Cheng, Dauber and Johnson NOES: Mayor Finn and Mayor Pro Tem Casey 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 8:20 p.m. Respectfully submitted, � Patricia Dowd City Clerk The minutes of the October 19, 2000 Regular City Council Meeting were approved at the December 7,2000 Regular City Council Meeting. • October 19, 2000 Regular City Council Meeting 9