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HomeMy WebLinkAbout07/20/2000 Minutes of a Regular Meeting July 20, 2000 Town of Los Altos Hills City Council Regular Meeting Thursday, July 20, 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 6:05 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, Acting Planning Director Carl Cahill, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Elaine Goodman, Palo Alto Daily; Shobha Rao, Los Altos Town Crier Dauber noted that long time resident Joan Earnest had recently passed away. Mrs. Earnest had for many years been involved on Town committees and had made many contributions of time, energy and expertise to Town endeavors. Dauber asked that the Council Meeting be adjourned in Mrs. Earnest's memory. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to add the following item to the agenda as an urgency item: Cancellation of August 3, 2000 Council Meeting. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Interviews and Appointments to Recreation and Parks Committee Michelle Rose, 25810 Vinedo Lane, introduced herself to the Council and commented on her interest in serving on the Recreation and Parks Committee. She noted that she had two small children and enjoyed being involved in the community. Mrs. Rose also supported more activities for the children in Town. July 20, 2000 Regular City Council Meeting 1 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Cheng and passed unanimously to appoint Michelle Rose to the Recreation and Parks Committee for a four-year term and to increase the membership of the committee to nine. Council also welcomed Karen Bergh who had been appointed to the Recreation and Parks Committee at the last meeting. Karen Bergh, 25981 Vinedo Lane, thanked Council for the appointment and commented that she was looking forward to working on this committee and on recreation programs for residents of all ages. 2.2 Interviews and Appointments to Investment Committee Council had received two applications for the Investment Committee. Neither applicant was able to attend this meeting due to previous conflicts. Casey believed it was important to move forward and make the appointments so these applicants could work on expanding the committee. Dauber expressed a desire to first interview the applicants noting that the committee would not be able to meet until there was a third applicant anyway. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to appoint R. Douglas Norby, 12169 Hilltop Drive, and Roy Rogers, 27927 Briones Way,to the Investment Committee for four-year terms. 3. PLANNING COMMISSION REPORT The Acting Planning Director reported on the following applications at the 7/12/00 Planning Commission Meeting: Lands of Nair, 24680 Prospect Avenue: approved request for a site development permit for a new residence — approved; Lands of Kerns, 11890 Francemont: approved request for a site development permit for a new residence and an exception to an existing conservation easement to allow part of the driveway to encroach into the easement; Lands of Cottrell, 13480 North Fork Lane: recommended approval of a two lot subdivision and proposed negative declaration; recommended approval of text amendment of Section 9-1.306 of the Los Altos Hills Municipal Code; and recommended approval of text amendment of Sections 10-1.1109 and 10-2.1313(b) of the Los Altos Hills Municipal Code regarding appeals from decisions. 4. CONSENT CALENDAR Items Removed: 4.1 — 6/15/00 Regular Meeting Minutes (Dauber), 4.3.1 (Casey), 4.8 (Dauber), 4.9 (Dauber) and 4.11 (Casey) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Cheng and passed unanimously to approve the balance of the Consent Calendar, specifically: July 20, 2000 Regular City Council Meeting 2 • 4.1 Approved Minutes: June 9 2000 (Specialecial Meeting) June 15, 2000 (Special Meeting) 4.2 Approved Warrants: $345,802.67 (6/7/00—6/30/00) 4.3 Concurred with the following action of the Planning Commission at their 6/28/00 Meeting: 4.3.2 Lands of Yu, 12981 La Barranca Road: approved request for a site development permit for a new 678 square foot barn and a variance to exceed the allowable maximum development area for the site 4.4 Authorized participation under the Joint Powers Agreement for Intergovernmental Employee Relations Service—Reso #45-00 4.5 Approved extension and amendment to agreement for emergency animal control and sheltering services with the City of Palo Alto— Reso #46-00 4.6 Accepted grant of conservation easement, Lands of Boyd, 12150 El Monte Avenue—Reso#47-00 • 4.7 Awarded contract for traffic stripes and pavement markings project, CIP99-00—Reso #48-00 4.10 Approved request for lot line adjustment, Lands of Ghaffari, 27020 Purissima Road 4.12 Accepted Pavement Management and Storm Drain Improvements CIP 98-99, Granite Construction Company—Reso #49-00 4.13 Accepted Purissima Road Path Project, CIP99-00, O'Grady Paving and amendment to capital improvement budget—Resolutions#50-00 and#51-00 Items Removed: 4.1 Approval of Minutes: June 15, 2000 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the minutes of the June 15, 2000 Regular City Council Meeting with the following corrections: page 2, Item 1.B, change the second sentence to read: "Finn listed his top ten goals" rather than "Finn listed the following top ten goals"; add the following sentence at the end of Item 1.B: "Since there was insufficient time to July 20, 2000 Regular City Council Meeting 3 • discuss the goals and objectives, Council agreed to continue this item to the next meeting."; page 8, Item 6.1, delete the word"back"in the motion and add the following sentence to the motion: "In addition it was agreed Councilmembers would send their comments on this issue to the Planning Commission."; and on page 9, Item 9.4, add the roll call to the motion: Ayes: Mayor Finn and Councilmembers Casey, Cheng and Johnson and Noes: Councilmember Dauber. (Council had directed the City Clerk to check the records of the 6/15/00 meeting to ascertain the wording of this motion. The records showed that the motion was correct as stated in the draft 6/15/00 minutes.) 4.3 Action of the Planning Commission at their 6/28/00 Meeting: 4.3.1 Lands of Nijenhuis and Broering, 12175 Hilltop Drive: approved request for a site development permit for a new residence Casey appealed the approval of this application. The public hearing will be set for the next Council Meeting. 4.8 Approval of computer workstation replacement purchases for FY00-01 Dauber inquired about what was going to happen with the old computers and suggested giving them to schools. Johnson recommended increasing the capacity of the new computers, stating that it would cost little to do this now and would be of great benefit to the Town. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the request for computer workstation replacement purchases for fiscal year 2000-01 as outlined in the Finance Director's staff report dated 7/20/00 with the increased capacity as recommended by Council. 4.9 Request for relocation of a conservation easement, Lands of Wythe and Vitu, Lot#3, Moon Lane, Resolutions# Evan Wythe, applicant, noted that there were no findings or mitigating measures made by the Planning Commission regarding this portion of the conservation easement over the drainage swale. By relocating the easement, the front yard — an area of flat open land — was opened up for other options. The conservation easement was still running over the drainage swale but was reduced in size. Dr. Wythe further commented that they did not have a plan for this area but future owners might. They were only asking to remove area under 30% slope from the conservation easement. Dauber inquired why the Town would want the conservation area moved above this area and why the Town had requested the conservation easement in the first place. The City Attorney reported that the applicants had opted to dedicate the same amount of land that July 20, 2000 Regular City Council Meeting 4 they were removing from conservation easement when they learned that to vacate an easement was a complicated process but to relocate an easement (a summary vacation) was relatively simple. The Acting Planning Director noted that according to the applicants' engineer the area where they were planning to put in the conservation easement was 30% slope. In addition he noted that in the absence of Planning Commission findings and discussions and in the absence of mitigating measures regarding the particular size of the conservation easement over the drainage swale, there seemed to be no basis for the size of the conservation easement and it seemed reasonable to move it. Also, the Acting Planning Director pointed out that the intent of the applicants was to free up the front of the lot which was flat land and the conservation easement would remain over the drainage swale just reduced in size. The City Engineer stated there were two reasons why the conservation easement was originally requested: slope over 30% and areas over drainage swales. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to approve the request for relocation of a conservation easement for Lands of Wythe/Vitu on Lot#3, Moon Lane. AYES: Mayor Finn and Councilmembers Casey, Cheng and Johnson NOES: Councilmember Dauber 4.11 Approval of amendment to agreement with Wilsey Ham for technical • and engineering services --Reso#_ Casey asked Jeff Peterson, Vice President— Wilsey Ham, to clarify the number of hours spent on his contract with the Town and the response time to the applicants. Jeff Peterson, Vice President— Wilsey Ham, noted that his time varied depending on the projects going on in Town. It could range from 5 to 10 hours. This did not include routine engineering issues which were handled by his staff. He also commented that they made every effort to return calls quickly but he would publish his email as an added method of quick reponse. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed unanimously to adopt Resolution #54-00 approving an amendment to agreement with Wilsey Ham for technical and engineering services. 5. UNFINISHED BUSINESS 5.1 Discussion of goals and objectives for 2000-01 Council discussed the following goals and objectives for the coming year and agreed that final approval would be continued to the next meeting. July 20, 2000 Regular City Council Meeting 5 • GOALS: Goal#1: The timely and cost effective delivery of necessary and desirable services for the residents; Goal#2: Maintenance of a set of codes and policies that preserve the desirable attributes of the Town,provide for prudent, orderly growth and contribute to good government; Goal#3: Maintenance and improvement of the infrastructure consistent with the character of the Town. OBJECTIVES: strengthen the Town's management team by hiring a city manager, a planning director and head engineer; remodel or rebuild town hall; begin annual council/staff weekend retreat; develop a long range sewer replacement plan and a strategy for creating a template which will facilitate and make the process of creating reimbursement districts understandable and easy to implement; improve maintenance of roadside paths with better materials and develop an aggressive capital improvement plan to add miles of new paths each year alongside the road where no paths now exist; determine the feasibility of undergrounding utilities throughout the town by fully supporting the Utility and Information Systems Committee; reduce time and costs related to the building process and expedite service; direct the Planning Commission to evaluate the town's ordinances,policies and design guidelines for objectivity, consistency and relevance to the town and residents' lifestyle in the new millennium and to ensure that they reflect the statements made in the Town's General Plan; review all planning and building fees; complete the town survey; provide quality cable and highspeed dsl service; update Town address map. • 5.2 Discussion of term limits and four-year terms for committee volunteers Roy Woolsey, Chairman of the Community Relations Committee, commented that it was difficult to get volunteers and there were advantages to not having term limits in that volunteers arrived at a level of expertise and worked well together. Les Earnest, member of the Pathways Committee, concurred with Mr. Woolsey's comments. He had served on three committees over the last ten years and there was never a full committee. He too believed that experience was important and helpful. Richard Lamparter, 12864 Viscaino Road, suggested adding associate members if a committee was full and then moving to full membership as senior members completed their terms. Duffy Price, member of the Community Relations Committee, concurred with Mr. Woolsey's comments. She also recommended a clear definition of terms and evaluation of committee members and reappointment once term was completed. Evan Wythe, member of the Utility and Information Systems Committee, supported term limits. He believed change was good for the community. • July 20, 2000 Regular City Council Meeting 6 i • Bob Stutz, member of the Pathways Committee, commented that he was undecided about the issue. He had served on various committee for some 35 years but he also knew that new committee members provided new ideas and approaches that were good for a community. Diane Barrager, member of the Pathways Committee, noted that she had served on the Pathways Committee for several years because she was interested in what this committee did. She was not sure about committee members moving from one committee to another She also supported terms and then reappointment at the completion of a set term. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Casey and passed unanimously to not have term limits but to establish four year terms for all committee members with a reappointment procedure. This procedure would begin with all committee members who have served over four years being contacted about requesting reappointment. Requests for new members would also be made. Appointments to committees will be made on an ongoing basis as terms are completed and the committees themselves will decide on the rotation of appointments within their committees so that appointments are staggered. 5.3 Discussion of path in lieu fees Council referred to the report prepared by the Public Works Manager and determined that • more information was needed on this subject such as the reasonable in lieu fee to charge to adequately cover the costs of putting in a path. PASSED BY CONSENSUS: To continue this issue to the first meeting in September for additional information on options, costs, etc. and to direct the City Attorney to prepare a resolution for adoption at the next Council Meeting allowing residents to put in paths themselves and establishing a $33 in lieu fee per lineal foot until the complete report on lieu fees is discussed and evaluated. 6. NEW BUSINESS 6.1 Discussion of flexibility of timing of agenda items Casey asked if there was a method whereby public hearings did not have to start at 7:00 p.m. as stated on the agendas. She noted that at some meetings several people were present for items other than public hearings and it seemed more productive to hear these items before moving to the public hearings. It was noted that currently in the Municipal Code it stated that public hearings would not start before 7:00 p.m. but the Code did not specifically state that they would start at 7:00 p.m. It was agreed that the wording on the agendas would be changed to reflect this flexibility. i July 20, 2000 Regular City Council Meeting 7 S 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 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 agreed that the newsletter response cards received should be listed on Council correspondence and also that each card should be responded to by the appropriate staff member with a copy of their response sent to Council. Council also referred to a letter from Voices for Pets requesting support for banning body-crushing traps. It was agreed that a letter would be sent to Voices for Pets advising them that the Town had no jurisdiction over such legislation. Concerning the letter from the Valley Transportation Authority requesting appointment of a Town representative to the Bicycle Advisory Committee, Council agreed the City Clerk should advertise this for • this appointment. 9. COUNCIL-INITIATED ITEMS 9.1 Designation of Voting Delegate for the League Annual Conference (Mayor Finn) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to designate Casey as the Voting Delegate for the League Annual Conference. 9.2 Council direction regarding reorganization of Planning Commission (Councilmember Casey) Casey noted that historically the reorganization of the Planning Commission had taken place in July after the new Planning Commissioners had taken office. She questioned this year's appointment of a new chairman and vice chairman at the last Planning Commission Meeting in June before the new members were seated. Casey recommended that the reorganization of the Planning Commission be redone at the next Planning Commission meeting in keeping with past policy. • July 20, 2000 Regular City Council Meeting 8 • Dot Schreiner, former Planning Commissioner, stated that they had followed Council policy regarding reorganization. She also commented that if they had not appointed a chairman at the last meeting in June, the first meeting in July would have begun with no chairman. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to schedule the reorganization of the Planning Commission for their first meeting in July. AYES: Mayor Finn and Councilmembers Casey, Cheng and Johnson NOES: Councilmember Dauber 9.3 Cancellation of August 3, 2000 Council Meeting MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to cancel the August 3, 2000 Council Meeting. 9.4 Joint Volunteer Awards Committee (Councilmember Johnson) Johnson asked that his letter to Los Altos Mayor Moss concerning term limits on the Joint Volunteer Awards Committee be placed on the next Council agenda for discussion. PASSED BY CONSENSUS: To place Joint Volunteer Awards Committee Term Limits • on the next Council agenda. 10. PRESENTATIONS FROM THE FLOOR The following officers of the Santa Clara County Cities Association presented Councilmember Bob Johnson with a gift for his years of service to the Cities Association and thanked him for all of his contributions to the Association and the communities at large:President Ralph Faravelli, Vice President Henry Manayan, Los Altos Councilmember Kris Casto, Gilroy Mayor Tom Springer, Palo Alto Mayor Liz Kniss and Executive Director Mary Kate Franci. 11. PUBLIC HEARINGS 11.1 Request for a new residence with an attached garage, pool and gazebo, Lands of Giakoumis, 12368 Priscilla Lane Walt Gregorwich, 12370 Priscilla, commented that his concerns about this project had been addressed. However, he cautioned that the `fast track process' was too fast. He did not think that the notice to neighbors gave them sufficient time to respond. July 20, 2000 Regular City Council Meeting 9 • Council asked staff to clarify the process in the notice that went to neighbors. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed unanimously to approve the request for a new residence with an attached garage, pool and gazebo, Lands of Giakoumis, 12368 Priscilla Lane 11.2 Consideration of Nuisance Abatement (Section 6-5.01 — 6-5.06 of the Municipal Code)—Rooster located at 12681 Miraloma Way Cheryl Breetwor, owner of the rooster, explained to the Council her efforts to quiet the rooster and her meetings with the neighbors over this issue. She stated that she and Mr. Hyman had tried mediation but it had not been successful and he had not wanted to pursue it. She had offered to cover the cage and had been working with Kirby Miller of Lilac Acoustics on a sound proof cage. This type of cage however would not work all day as the rooster would have to be let out and Mr. Hyman had stated that he wanted compliance with the noise ordinance at all times. At this time Ms. Breetwor was unclear what steps to take next. The following addressed the Council with their complaints against the rooster: Mr. and Mrs. Harry Price, 24616 Summerhill Avenue; Philippe Davis, attorney for Mr. Rick Hyman; and Alan McReynolds, Los Altos. They explained this problem had been going on for over,a year and little attempt had been made to correct it. Mr. Davis stated that • unfortunately his client, Mr. Hyman, was unable to attend this meeting due to a previous conflict, but he recited the outline of efforts made over the months to work with Ms. Breetwor on this issue. They all expressed their level of frustration over getting some resolution to this ongoing problem. Chi Woo, 25562 Fernhill, commented that dogs also posed a serious public nuisance and she urged looking beyond what to do with domesticated animals. John Yu, 12981 La Barranca, noted that this was a rural, one acre community and certain animal sounds should be expected and tolerated. Denise DelCarlo, La Barranca, believed this was a personal problem between neighbors and the Council should not even be discussing it. Kirby Miller, Lilac Acoustics,referred to his report on the noise levels associated with the rooster. He concurred that the reality was that the rooster noise was in violation of the Town's current noise ordinance both during the day and night. He believed however that mitigating measures could be taken to lessen the noise level if not totally remove it. Casey stated that she was sorry the neighbors had not been able to work out this problem. She noted though that the residents had a right to peace and serenity and the Town had an obligation to uphold the ordinances. Dauber and Cheng concurred that this was a dispute among neighbors and they suggested that the neighbors get together and make every effort to resolve this problem. Johnson noted that mediation had not worked in the past and there seemed to be no reason to believe it would work now. He concurred with • Casey and believed the ordinances should be upheld. July 20, 2000 Regular City Council Meeting 10 • MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to direct the owner of the rooster at 12681 Miraloma Way to correct the noise problems associated with this rooster so that there was compliance with the Town ordinances within thirty days. Furthermore, this public hearing is continued to the next Council Meeting to determine if this issue has been resolved. 11.3 Request for a final map amendment removing a recorded building setback line and negative declaration, Lands of Alvares, 14360 DeBell Road MOTION SECONDED AND CARRIED: Moved by Casey,. seconded by Dauber and passed unanimously to approve the request for a final map amendment removing a recorded building setback line and negative declaration, Lands of Alvares, 14360 DeBell Road. 11.4 Request for approval of a tentative parcel map for a three-lot subdivision and negative declaration, Lands of Askarinam, 27830 Elena Road Mr. Askari, applicant, addressed the Council with his concerns about the pathway being required in condition#11. He did not agree that this off-road path which did not connect to anything should be a requirement of his subdivision. Bob Stutz, member of the Pathways Committee, reviewed the map and commented that • his recollection was that the path would serve the new homes. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to approve the request for a tentative parcel map for a three-lot subdivision and negative declaration for the Lands of Askarinam at 27830 Elena Road subject to the findings and conditions of approval as recommended by the Planning Commission with the following changes: condition #11 as follows is deleted: "The applicant shall grant a 10-foot wide pathway along the northeast property line and along a portion of north property line and the access easement serving Parcel A and Parcel B connecting to Elena Road. The location and extent of the easements shall be subject to review and approval by the City Engineer prior to the recording of the Final Map."; and the following sentence shall be added to condition #15: "The applicant may propose an emergency access serving Parcel C connecting to the driveway from Parcels A and B subject to the Fire Department review and approval." Dauber pointed out that in case of fire, access would most likely be from the bottom of the hill and it might be possible to have a narrower driveway from the top if fire access was available from the bottom. 11.5 Resolution initiating proceeding for the reorganization of certain inhabited territory designated as "Amigos Court" and Summerhill Avenue and introduction of Ordinance prezoning parcels to be annexed, Amigos Court and Summerhill Avenue (FIRST READING) • July 20, 2000 Regular City Council Meeting 11 • Diane Barrager, member of the Pathways Committee, noted that a path was really needed along Summerhill and she encouraged the annexation of this area. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to adopt Resolution #55-00 initiating proceeding for the reorganization of certain inhabited territory designated as "Amigos Court" and Summerhill Avenue and waiving further reading and introducing an ordinance amending the Zoning Ordinance to prezone the properties at 24460 Summerhill Avenue, 24480 Amigos Court, 24490 Amigos Court and 24510 Amigos Court to R-A (residential — agricultural). 12. CLOSED SESSION: 12.1 EXISTING LIGITATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) : Heppner v. Town of Los Altos Hills 12.2 PERSONNEL: PURSUANT TO GOVERNMENT CODE SECTION 54957: PUBLIC EMPLOYMENT—CITY MANAGER The City Council adjourned to a Closed Session regarding existing litigation and personnel at 9:45 p.m. and reconvened at 10:05 p.m. Council returned to open session to report, if necessary, any action taken. No action taken. • 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:05 p.m. in memory of Joan Earnest. Respectfully submitted, Patricia Dowd City Clerk The minutes of the July 20, 2000 City Council Meeting were approved at the August 17, 2000 Regular City Council Meeting. • July 20, 2000 Regular City Council Meeting 12