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.
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• 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)
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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
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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
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• 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
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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
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• 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.
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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.
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• 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.
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• 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.
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