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HomeMy WebLinkAbout10/07/1999 Minutes of a Regular Meeting October 7, 1999 Town of Los Altos Hills City Council Regular Meeting Thursday, October 7, 1999, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Dauber called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Johnson and Siegel Absent: Mayor Pro Tem Finn Staff: City Manager Mark Miller, City Attorney Sandy Sloan,Public Works Manager Jim Rasp,Finance Director Carol Ferrell and City Clerk Pat Dowd • Press: Leslie Martin,Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Utility and Information Systems Committee: Presentation on televising City Council and Planning Commission Meetings Dauber noted-that she had received a request from Dr. Wythe requesting that this presentation be continued to a meeting where all the Councilmembers were present. Dauber agreed with this request but suggested that Council raise any questions they might have at this meeting so that the committee could address these issues when they made their report. Siegel raised the issue of staffing and questioned whether volunteers would be able to handle the televising. He also asked what the listening audience was for Los Altos. Dauber asked who would be running this project. She also asked how it was going to be broadcast since the Town did not have a cable channel. Dauber further inquired if the equipment could be rented as well as the operators and what did other cities do. Johnson asked what happens if a meeting goes on for hours. With that length of time and multiple cameras,who would be responsible for editing. He also asked about copyrights and further stated that it would be important to have a good sound system in place. Betsy Bertram, 11854 Page Mill Road, referred to the high cost of doing this project. In her opinion if people were interested they could come to the meetings. She resented having her tax dollars spent on such a project. October 7, 1999 Regular City Council Meeting 1 • 3. PLANNING COMMISSION REPORT Casey raised the issue of the Planning Commission canceling their first meeting in October. She referred to several pending planning issues and the affect of this delay on these projects. She understood the Planning Director would be out of Town on the 13'but he had written a letter to the Commission asking if they wanted to reschedule the meeting to a time when he would be available. She also referred to a site visit which had been conducted by the Planning Commission and asked the City Attorney if it was appropriate to make decisions at such meetings. Guy Jinkerson, Chairman of the Planning Commission, discussed their schedule and the reasoning behind not having a meeting in early October. They did not believe this negatively impacted applicants and referred to the special site analysis visit they held on Lands of Lauer on October 6'. Mr. Jinkerson further commented that traditionally the Planning Commission cancelled their meeting the night before Thanksgiving and the one during Christmas week. The City Attorney, in response to Councilmember Casey, stated that it was not appropriate for a Commissioner to make a decision at a site analysis meeting. These study sessions were for general discussion only. A discussion followed on possible dates for the Joint Meeting of Council and Planning Commission and it was agreed the Chairman of the Planning Commission would discuss this with the Commission and bring back dates for the Council. • 4. CONSENT CALENDAR Items Removed: 4.1 —Regular Meeting Minutes (Casey) and 4.4. (Michael Scott) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: September 16, 1999 (Adjourned Regular Meeting) 4.2 Reviewed Warrants: $229,452.70 (8/24/99—9/28/99) 4.3 Approved Grant of Conservation Easement, Lands of Lambert, 24700 Olive Tree Court—Reso #54-99 Dauber did not remove the warrants from the Consent Calendar but had a couple of questions about them. First she noted the reference to tree planting in Anza Park. She had always thought this park was called Edith Park. She also inquired about the large payment to the Los Altos Garbage Company for debris boxes from sweeping. Staff responded that this payment covered several months of debris boxes. Items Removed: 4.1 Approval of Minutes: September 16, 1999 (Regular Meeting) • October 7, 1999 Regular City Council Meeting 2 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to approve the minutes of the September 16, 1999 Regular City Council Meeting with the following correction: page 5, first paragraph, second sentence should read: "The Council (except for Councilmember Casey) also found that the lots were not adjacent." 4.4 Approval of contracts for the design of improvements for the Town Corporation Yard and Natoma Road Landslide Repair—Reso# Michael Scott, 27856 Black Mountain Road, raised the issue of conflict of interest. He noted that the former City Manager was now the Executive Vice President of Wilsey Ham. Mr. Scott asked the Council what they were doing to do to defend this appearance of confect of interest. Betsy Bertram, 11854 Page Mill Road, commented that the residents who followed the Council's actions and attended meetings, etc. kept a careful watch over issues of possible conflict of interest. Council noted that Wilsey Ham had had the contract for engineering consulting services for years and the former City Manager was actually still the Town's engineer. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to adopt Resolution#55-99 authorizing Wilsey Ham to provide engineering consulting services for the design of improvements to the Town Corporation Yard and for the Natoma Road Landslide Repair, CIP 98-99. 5. UNFINISHED BUSINESS • 5.1 Adoption of Ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way (SECOND READING) Nino Cefalu, 11035 Magdalena, addressed the Council on the sewer project he was working on putting in on Magdalena. He asked Council to make this ordinance retroactive as he was starting to work within a week or so and to make the length of time for the agreement twenty instead of ten years. Mr. Cefalu also asked Council to consider the excessive cost of the fees for this project. He noted that the project was approximately $180,000 and the fees about$50,000. The City Attorney commented on the administrative concerns if the agreements were longer than five years and also noted that a certain amount of depreciation occurred. Casey commented that with the technology available she could not understand why it would be a problem to have longer agreements. Johnson supported residents undertaking such projects and would approve fifteen if not twenty years for such agreements. Jerry Clements, civil engineer, commented that there was a map at Town Hall which could be coded showing sewer connections. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and failed by the following roll call vote to adopt the ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way with the time extended from ten to fifteen years. AYES: Councilmembers Casey and Johnson NOES: Mayor Dauber and Councilmember Siegel ABSENT: Mayor Pro Tem Finn October 7, 1999 Regular City Council Meeting 3 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and failed by the following roll call vote to adopt the ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way. AYES: Mayor Dauber and Councilmember Siegel NOES: Councilmembers Casey and Johnson ABSENT: Mayor Pro Tem Finn PASSED BY CONSENSUS: To continue this item to the next meeting for a full Council review and to notify the neighbors impacted of the meeting. 5.2 Introduction of Ordinance amending Sections 12-2.201(d) an 12-2.207 of the Los Altos Hills Municipal Code regarding street trees (FIRST READING) Betsy Bertram, 11854 Page Mill Road, commented that where they lived, one side of Page Mill was County and one side the Town. She asked if the Town could do anything to contact the County about maintaining their trees. She also referred to a huge oak on their property which had looked perfectly healthy but was diseased because of cement. She believed the Town should be responsible in such cases. Robert Fenwick, 28011 Elena Road, stated that the Town should be responsible for the trees because in his opinion the residents probably would not take care of them. Council had before them an ordinance which would require that where the Town had determined that trees needed to be maintained to mitigate a public hazard, the resident would pay the first • $5,000 of such mitigation and the Town would pay the remainder. Casey believed if the Town initiated the action concerning hazardous trees,then the Town should pay for their maintenance. The residents should not have to pay. Johnson agreed with Casey. He did not think that residents purposely grew huge trees which were a problem. The Town should take responsibility. The City Attorney also commented that it was difficult to determine what constituted safety hazards. Council further noted that this issue had been raised because the Town had notified Mr. Soren Johnson on Golden Hill that he needed to remove certain trees because they were a safety hazard. Mr. Johnson had not agreed that he should.have to incur this cost and believed it was the Town's responsibility. Council also noted that years ago Mr. Johnson had wanted to remove the trees at his cost, but at that time the Council had not allowed him to do so. Council noted that this was an issue of public safety and benefit to the community and believed these situations should be dealt with on a case by case basis. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously by all members present to not change the tree ordinance and to pay for the maintenance and/or removal of trees on Golden Hill Court next to Soren Johnson's property. 5.3 Appointment of Town Hall Building Committee MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously by all members present to request each Councilmember appoint two members to the Town Hall Building Committee and to further direct Council to advise staff of their • October 7, 1999 Regular City Council Meeting 4 • appointments and for staff to set up a meeting of the committee as soon as possible. Committee members shall receive packets of information on all reports recently done on the condition of Town Hall Buildings and the space needs study and report their findings to the Council. 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Pathways Recreation and Parks Committee 7.1.1 Recommendations for Town Entrance Signs Les Earnest, member of the Pathways Committee,referred to his memo before Council listing a prioritized recommendation from the committee for sign placement on `sharing the road' in Town. Their list included the following: El Monte Road westbound before Stonebrook; Page Mill westbound from 280 or in front of the park-and-ride; Edith Avenue westbound just past Adobe Creek; Burke Road westbound at Old Altos Road; corner of Page Mill, Moody and Buena Vista; Fremont southbound from Arastradero; Magdalena westbound from Eastbrook; and Purissima southbound from Arastradero. Nancy Ewald, member of the Pathways Committee, suggested signs which alerted both bicyclists and equestrians. She suggested something along the lines of`be concerned', `be alert' in certain areas. • Betsy Bertram, 11854 Page Mill Road, inquired about bicycle protocal. She further stated that she did not support additional signage in Town. Michael Marshall, Palo Alto, stated that he supported signs on busy streets such as Page Mill and Moody Road. Bob Fenwick, 28011 Elena, stated that he found putting up signs insulting. Council discussed this issue including whether or not such signs were necessary and, if so,where they should be placed. Dauber recommended deleting the signs a Burke Road,Purissima and at the corner of Page Mill, Moody and Buena Vista. They also inquired what these signs would look like and noted that they preferred signs that looked like the currently placed Town of Los Altos Hills signs. PASSED BY CONSENSUS: Council agreed to continue this item until such time as the Pathways Committee prepared a sample of the sign for their review. 7.1.2 Restriping of Page Mill Road Les Earnest, member Pathways Committee, addressed the recent announcement by Caltrans that they planned to restripe Page Mill so as to make both lanes on Page Mill lead to the southbound on ramp. He believed this would put bicyclists at a unacceptably high risk and would also not be good for motorists. Mr. Earnest gave background on this issue going back 32 years to when the Page Mill on-ramp to 280 was built. He did not believe that at that time this on ramp was built October 7, 1999 Regular City Council Meeting 5 for bicyclists to safely ride westbound under 280. He began working with the appropriate • agencies in 1993 to correct this situation and in 1997 this segment of road was restriped to allow bicycles and cars to adequately share the road. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously by all members present to direct the Mayor to send a letter to the Bicycle Advisory Committee requesting designation of Page Mill Road as a bicycle route, specifically the stretch of road between Foothill Expressway and Arastradero Road. 7.1.3 Request for support of the reestablishment of the Office of Bicycle/ Pedestrian Coordinator in Caltrans District 4 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously by all members present to issue a proclamation asking that the Director of Caltrans District 4 create an Office of the Bicycle/Pedestrian Coordinator for District 4 of the California Department of Transportation(Caltrans). 8. STAFF REPORTS 8.1 City Manager 8.1.1 Status Report on Cyrous Gheyri's application for a site development permit The City Manager reported that the applicant, Cyrous Gheyri, and staff were working together diligently on this project. Presently a refinement of the grading and site development plans were needed and a topographical report done by a civil engineer and/or registered surveyor. • Cyrous Gheyri stated that he had understood he would be on the October 27`h Planning Commission agenda and all requirements had been met. He stated that he had been mistreated and misdirected by staff for the two years he had been working on this project. Casey asked about the process and whether or not Mr. Gheyri could appeal staff's decision directly to the Planning Commission. Staff advised her that his was an incomplete application although he had repeatedly been advised what the requirements were for a submittal for a new home. Council asked Mr. Gheyri to continue to work with staff on the resolution of this issue. 8.1.2 Property Taxes The City Manager reported that the County had decided not to require the Town to pay$400,000 to cover an error in the tabulations of property taxes. 8.1.3 League of California Cities The City Manager noted that he planned to attend the League of California Cities Conference on Tuesday. 8.2 City Attorney 8.3 City Clerk • 8.3.1 Report on Council Correspondence October 7, 1999 Regular City Council Meeting 6 • Casey referred to the letter from Mrs. Millichap about the neighbor's dog. Staff advised that this matter had been resolved. Animal Control had checked the property and it had been fenced. 9. COUNCIL-INITIATED ITEMS 9.1 Designation of Councilmember Casey as the Voting Delegate for League of California Cities Conference PASSED BY CONSENSUS: To appoint Councilmember Casey the Voting Delegate to the League of California Cities Conference. 9.2 Cancellation of December 16, 1999 Council Meeting PASSED BY CONSENSUS: To cancel the December 16, 1999 Council Meeting. 9.3 Request that Solid Waste Subcommittee review driveway rates and lids on recycling containers (Mayor Dauber) Dauber just wanted to clarify that this subcommittee was planning to meet in the near future. If they were having difficulties with their schedules she offered to serve on this subcommittee. Casey stated that she and Mayor Pro Tem would be meeting on these issues. 9.4 Emergency Preparedness Council (Mayor Dauber) Dauber commented that she had attended a meeting of the Emergency Preparedness Council • earlier in the day. At that meeting they had announced that of$201,000 allocated by the State for emergency preparedness only a small amount had been used. The State was going to be distributing the remaining funds back to the cities (on a population basis) at no expense to the cities. Interestingly enough, Dauber further reported that AB 1122 would triple the amount going to this same agency this year. She also noted that on October 13`''a County-wide emergency preparedness drill would take place. 9.5 Kerns Property (Councilmember Casey) Casey asked that the letter from Mr. and Mrs. Kerns concerning possible development on their property be agendized for the next Council Meeting. Bill Kerns, 11890 Francemont Road,noted that if they could discuss a conceptual plan for the lower lot with the Council and get some direction it would be much less expensive than going through the full process. Specifically, they wanted to know if they developed the lower site would the Council require a conservation easement on the top lot. The City Attorney advised Council that they could have a study session with the Kerns but legally they would not be able to make any decisions regarding this property at such a meeting. The City Attorney further responded that she would prepare a letter on this for the Council and the Kerns reference. PASSED BY CONSENSUS: To schedule a study session on possible development on the Lands of Kerns, 11890 Francemont Road for 5:15 p.m. on Thursday, October 21, 1999 and to notify the neighbors of this study session. • October 7, 1999 Regular City Council Meeting 7 9.6 Requirement regarding structural engineering inspection(Councilmember Casey) Casey asked the City Manager to report at the next Council Meeting on the impact on applicants by requiring them to have a structural engineering inspection. 9.7 Committee to review the Land Use Element of the General Plan(Councilmember Casey) Casey asked that the consultant on this project be asked to give the Council an update on the role and charges of this committee and,a status report on the project itself. She had spoken with members of the committee and it appeared that they needed direction. She further asked that Council receive copies of the minutes and agendas of their meetings. 9.8 Color Board(Councilmember Casey) Casey noted that it had been the clear direction of the Council when this issue was recently discussed that the color board was not a standard condition but one to be applied to highly visible projects. She believed it was still being considered a standard condition. 9.9 Motorcycle accident on Page Mill (Councilmember Casey) Casey asked for an update on this accident and was advised by the City Manager that indeed a fatality had occurred on Page Mill involving a motorcyclist and a truck. 9.10 Planning Commission Meetings (Councilmember Casey) • Casey again urged all Councilmembers to attend Planning Commission Meetings. 10. PRESENTATIONS FROM THE FLOOR Colette Cranston, 27080 Fremont Road,referred to the trail easement in front of their home and the Fremont Road Pathway Project. She noted that the two paths jogged in front of her house and she asked if there was any chance the trail in that location could be moved out to the road. Mrs. Cranston was a strong supporter of paths but she believed the way it was now presented a safety issue. Council agreed that Diane Barrager, Co-Chairman of the Pathways Recreation and Parks Committee, would take this issue back to her committee and it would be brought back to the Council for their first meeting in November giving the Pathways Recreation and Parks Committee a chance to review it at their October meeting. William Downey, 14330 DeB ell Drive, addressed the issue of Charles Wong remaining on the Planning Commission. Mr. Downey did not believe that Mr. Wong's expressed ignorance of the issues was an excuse and the Council should remove him from the Planning Commission. Michael Scott, 27856 Black Mountain, first commented on the color board issue. He drew on his background in physics and showed the Council charts on color management. He also addressed different color systems. Mr. Scott then gave an overview of his experience with the Town in attempting to get a pond approved on his property. He outlined the length of time it had taken as well as the conditions that had been imposed. Mr. Scott questioned how the Council was managing the Town. He found several requirements burdensome and unnecessary and recommended that Council give staff clear direction on what they wanted done and how it was achieved. October 7, 1999 Regular City Council Meeting 8 • Betsy Bertram, 11854 Page Mill Road, apologized for her behavior at the last Council Meeting. She did note however that she had attended the last Planning Commission Meeting and they waited for Mr. Wong to get there. In addition he clearly appeared to be going through his papers during the meeting and had not seemed to be prepared for the meeting. 11. PUBLIC HEARINGS 11.1 Adoption of a proposed Capital Improvement Budget for Fiscal Year 1999-2000 Reso # Diane Barrager, Co-Chairman of..the Pathways Committee,read a letter from the Committee recommending that Council set aside sufficient funds for major road projects so that pathways were rebuilt at the same time as roads were reconstructed or repaved. Nancy Ewald,member of the Pathways Committee, concurred with this recommendation and noted that the Town's paths should be maintained on a regular basis. Dorothy Jensen, 12233 Windsor Court, asked what improvements were planned for Natoma? She further referred to the creek bed behind her property and stated that she did not want the path put further into the creek bed. Casey supported the comments from the Pathways Committee. She believed more money should be allocated for the Town's pathway system, in particular for path maintenance. Casey also commented on the replacement of the roof at Westwind Barn. She believed Town money should be spent on Town residents and asked who used Westwind Barn. Johnson commented that it was a Town-owned building and needed to be repaired and maintained. Dauber commented on the • Corporation Yard Project and asked if this included replacing the fence which was in disrepair. Siegel noted that this project should include landscaping and fencing. Dauber also raised the issue of the antique farm equipment and asked if it was going to be placed in the shed. Staff responded that they had been working with the Historical Society on how they wanted the equipment placed. Council agreed that this shed had been in place for quite some time and since it was built to house the equipment,this should be done. Staff was to contact the Historical Society and advise them that if they had not placed the equipment November 15`'', staff would do it. Council also discussed the path projects and directed staff to put dollar amounts on the priority path projects in Town and bring them back to Council. Dauber commented that consideration should be given to the number of such projects that could be undertaken not only financially but also allowing for sufficient staff time to accomplish them. PASSED BY CONSENSUS: Council agreed that no funds would be spent on the paving of the Town Hall parking lot until a decision had been made about the condition of the Town Hall Buildings. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to direct staff to obtain estimates for a path along with the Elena Pavement Management Project. Dauber inquired about the `grade' for the Town's Pavement Management and the Public Works Director responded that he would get this information for Council. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to adopt Resolution#56-99 adopting the Capital • Improvement Budget for Capital Year 1999-00. October 7, 1999 Regular City Council Meeting 9 • 12. ADJOURNMENT There being no further new or old business to discuss,the City Council Meeting was adjourned at 10:45 p.m. Respectfully submitted, :? - Patricia Dowd City Clerk The minutes of the October 7, 1999 Regular City Council Meeting were approved at the November 4, 1999 Regular City Council Meeting. • • October 7, 1999 Regular City Council Meeting 10