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HomeMy WebLinkAbout04/15/1999 Minutes of a Regular Meeting April 15, 1999 Town of Los Altos Hills City Council Regular Meeting Thursday,April 15, 1999, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Johnson called the Regular Meeting of the City to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Johnson and Councilmembers Casey, Dauber and Finn Absent: Councilmember Siegel Staff- City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Carol Tiegs, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS • 2.1 Appointment to Pathways Recreation and Parks Committee Fred Fallah, 12374 Priscilla Lane, expressed his interest in serving on the Pathways Recreation and Parks Committee. He wanted to contribute to the Town in the areas of improved paths and parks as well as path maintenance. He also commented on the property and privacy rights of residents when considering placement of paths. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously by all members present to appoint Fred Fallah to the Pathways Recreation and Parks Committee for a two-year term. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following applications were discussed at the March 24' Planning Commission Meeting: Lands of Congregation Beth Am, 26790 Arastradero Road: request for a site development permit for a landscape screening and lighting plan- approved; and Lands of Logan, 14250 Berry Hill Lane: request for a site development permit for a new residence- approved. The Planning Director also reported that the following applications were discussed at the April 14'Planning Commission Meeting: Lands of Butt, 24708 Voorhees Drive: request for a site development permit for a six foot high solid wood fence and a variance to exceed the maximum height allowed by the Town's Code - approved; and Lands of Burger, 25850 Westwind Way: request for a site development permit for a new 3,994 square foot two- story residence with a maximum height of 26 feet and a variance to exceed the maximum development area by 1,695 square feet- denied. April 15, 1999 Regular City Council Meeting 1 Casey requested that the following issue be agendized for discussion at the next Council Meeting: allowable development area for constrained lots. 4. CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously by all members present to approve the Consent Calendar, specifically: 4.1 Approved Minutes: March 18, 1999 (Regular Meeting) April 7, 1999 (Special Meeting) 4.2 Approved Warrants: $319,707.98 (2/27/99 --4/8/99) 4.3 Accepted LaPaloma Storm Drain Improvement Project, CIP97-98, Stoloski & Gonzales, Inc. --Reso#16-99 4.4 Accepted grant of conservation easements, Lands of Yam and To, 10475 Albertsworth Lane --Reso#17-99 4.5 Accepted summary vacation of 10-foot public utility easement, Lands of Lambert, 24700 Olive Tree Court--Reso#18-99 4.6 Issued Proclamation: Earth Day, April 22, 1999 4.6 Accepted grant of pathway easement, Lands of Chang, 12025 Adobe Creek • Lodge Road--Reso #19-99 4.8 Approved request for authorization to advertise the Town's Fremont Road Pathway Project CIP98-99 for competitive bids--Reso#20-99 5. UNFINISHED BUSINESS 5.1 Discussion of details in the 1998-99 Mid-Year Financial Summary This item was continued to the next meeting. 5.2 Sun Country Cable presentation on request for consent to transfer cable tv Franchise from Sun Country Cable to Suntel Communications, LLC. The City Manager reported that in January, 1999 Sun Country Cable had notified the Town of its intention to sell their cable television system serving the Town to SunTel Communications. This transfer would require the consent of the Town. Since the transfer documents had been received by the Town on April 14'there had not be sufficient time for them to be reviewed. The City Manager recommended postponing consideration of this transfer request until all of the appropriate documents had been received and reviewed by the Town. The City Manager further recommended that tonight's presentation by Sun Country Cable be accepted as an informational item with no action to be taken by Council at this time. David Kinley,President; Larry Howe, Senior Vice President and Dave Smart,Vice President addressed the Council on behalf of Sun Country Cable/Suntel Communications. They reviewed the transfer request which would result in no change to the conditions and requirements of the current franchise agreement due to end in June, 2003. In addition all franchise obligations would April 15, 1999 Regular City Council Meeting 2 be assumed by Suntel. The issues before the franchising authority were as follows: 1) Does the transferee accept all the obligations?and 2)Does the transferee have the legal,technical and financial qualifications to operate the system? It was emphasized that this was not a renewal request. That process would begin in June, 2000. They also summarized Suntel's business objectives in the Town as follows: 1)to rebuild to expand channel capacity for new services; 2) to expand offering of high-speed internet access; and 3)to develop platform for launch of digital cable and'video on demand'. A review was made of the seventy-four responses received to the Town-wide mailing requesting -comments on cable tv services in the Town. Accessibility to certain channels was mentioned frequently. The Los Altos Channel and Foothill College access had been available until mid- 1993. These channels were available through TCI Cable and at that time they began charging $10,000 annually per channel. To do this would have resulted in too high a rate increase for Town residents so the channels were dropped. They were continuing to work with TCI. In addition they were continuing to pursue getting the Stanford Channel and Bay TV. Comments were also made about poor reception for the Fox Channel (52) and Channels 2, 4 and 5. They were working on channels 2, 4 and 5 and the dishes at the antenna site were being changed for Fox (52). Dave Smart commented that when the franchise was initially discussed a key issue in the Town was low visual impact of the system. One of the downsides of minimizing the visual impact was the failure to optimize the system. Betsy Bertram, 11854 Page Mill Road, commented that the conversion boxes they were paying for were not needed with the new televisions. In addition she asked if there would be any interruption in service if the transfer was not accepted. • 5.3 Recommendation for expenditure of AB3229 "Cops" Program Grant Funding -- Reso# The City Manager noted that in 1996 the California State Assembly passed AB3229 (COPS Grant Program)which provided grants for local agency public safety programs. This year $24,817.67 was available to the Town for such programs. At the request of Council information has been provided on the purchase of a radar trailer as a possible use for these funds. Such a trailer would assist in speed enforcement and would provide data to the Sheriffs Department for possible additional enforcement measures. The cost of such a trailer would be approximately $14,425. Staff also recommended that$6,000 be used to sponsor bicycle safety programs in Town. Lt. Cary Colla, Sheriff s Department, explained how the radar trailer worked and the significance of the data obtained from its use. He also commented on the biycyle safety programs which have been in place about two years and were well received at the schools. Council discussed both of these suggestions and asked that more information be provided on the bicycle safety programs. It was possible that there were other more significant uses for the available funds. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed unanimously by all members present to adopt Resolution#21-99 approving the recommended programs and expenditure of AB 3229 "COPS" Grant Funding (purchase of a speed enforcement radar trailer)but to defer funding bicycle education programs pending further information on these programs. • April 15, 1999 Regular City Council Meeting 3 5.4 Responsibility for tree maintenance- letter from Soren Johnson at Golden Hill Court and La Paloma Road Council had before them the Public Works Manager's staff report which outlined the history of the tree situation at Golden Hill Court and La Paloma Road. In December, 1998 the Public Works Manager sent Mr. Johnson a letter requesting that he remove and/or prune the six eucalyptus trees along La Paloma Road and abutting his property. It had been determined by an arborist that these trees which were over fifty years old posed a possible danger to the road and the PG&E lines. According to the Town's Code,the owner of the property which abuts the street or public place shall be responsible for the care and maintenance of such trees, shrubs and plants. In January 1999 Mr. Johnson responded to this letter stating that these trees were not on his property nor had he planted or maintained them. When they purchased the property they had tried to remove the trees but the Town had said no. Mr. Johnson did not agree with being charged to maintain these trees when they were the Town's responsibility. Mr. Johnson, 13600 Golden Hill Court,reiterated his position that he was not responsible for these eucalyptus trees. He stated that these trees were not on his property and he had never maintained them. Casey noted that the ordinance was not in place when Mr. Johnson purchased this property sixteen years ago. He had not planted these trees which were fifty years old and had tried to remove them but was told by the Town he could not do this. Casey also asked how many times the Town had sent such a letter to a resident. She just did not think it was an • issue in the Town. Dauber was concerned about consistency noting that the Town had recently decided to remove the trees on Dezahara. In response to this comment, the City Manager noted that the Town had agreed to do this on Dezahara because the trees needed to be removed to fix the road. Dauber also inquired what the fiscal implications would be if the Town paid for the removal of trees deemed a possible danger. Johnson was concerned this would be creating a precedent. Finn commented on the high cost of removing and pruning these trees and questioned whether or not there were other options available to the Town. Betsy Bertram, 11854 Page Mill Road, noted that tree maintanence was a problem all over the Town and she wondered if the costs could be shared between the Town and the residents. Bob Stutz, 25310 Elena,referred to the tree situation they had in front of their home and suggested a spirit of cooperation for tree maintenance. Bob Fenwick, 28011 Elena,thought it was interesting that this was supposedly a State regulation. He noted that when they lived in Palo Alto they were not allowed to touch the street trees. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously by all members present to direct staff to reevaluate the tree maintanence issue at Golden Hill Court and La Paloma Road and bring this matter back to Council. This reevaluation should include a review of how serious a public safety issue these trees are, what costs are involved and a review of the site. April 15, 1999 Regular City Council Meeting 4 5.5 Discussion and Prioritization of Goals and Objectives and Estimated Hours MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to table this item. 5.6 Discussion of Process for review of Town's Color Board Casey referred to the Council policy regarding the color board which was adopted at the June 21, 1995 City Council Meeting. She noted that she was not present at this meeting but nonetheless what Council adopted was a policy statement and not an ordinance. Part of this policy stated that 'colors and reflectivity values other than those depicted on the color board may be approved by the Site Development Authority'. Casey stated that compliance with the color board was being imposed on every project as a condition of approval and she did not believe this was the Council's intent in the stated 1995 policy statement. Casey further stated that discussion of this issue should be advertised so that input could be received from the residents. Dauber recommended establishing a subcommittee of two Councilmembers and two Planning Commissioners to make a recommendation to the Council on the issue of the color board. MOTION SECONDED AND FAILED: Moved by Dauber, seconded by Johnson and failed by the following roll call vote to table the color board issue until a new City Manager was appointed. AYES: Mayor Johnson and Mayor Pro Tem Dauber NOES: Councilmembers Casey and Finn • MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to continue the issue of the Town's color board. 5.7 Adoption of Interim Ordinance providing enhancements to the Site Development Review Process and establishing a Tast-track' review process At the March 18"' Council Meeting the City Council had directed staff to prepare an interim ordinance incorporating approved enhancements to the Planning Commission process and the mechanics of the proposed'fast-track' process. An urgency interim ordinance was before Council and for this ordinance to be adopted and become effective immediately, a four-fifths vote of the Council was needed regardless of how many Councilmembers were present. Staff s recommendation was that this ordinance be adopted and a public hearing be scheduled for May 20'to extend this ordinance for an additional 10 1/2 months. Dauber suggested raising the 'mean average project size' so that the Planning Director would not be seeing practically all projects. Johnson noted that this interim ordinance was a compromise effort and Casey commented that the subcommittee had worked closely with staff to arrive at this document. Council expressed agreement on the following: part of the staff report would be sent on the reverse side of the public notice with a notation on the front that some details were included on the reverse; clarification of story poles such as those used in Carmel; Section 2.(b)(9) change the last word to 'relevent'; and under Section 3 on Findings include a finding stating that the Council wanted to structure the development process for the benefit of the Town's residents specifically to avoid the costs of unreasonable processing delays. April 15, 1999 Regular City Council Meeting 5 Betsy Bertram, 11854 Page Mill Road, asked if it would make a difference if appointees were designated to work with the Planning Director on the review process. b Finn and failed b the MOTION SECONDED AND FAILED: Moved by Casey, seconded y y following roll call vote to adopt an interim ordinance providing enchancements to the Site Development Review Process and establishing a'fast-track'review process and to set a public hearing for May 20th to extend this ordinance for an additional 10 1/2 months. AYES: Mayor Johnson and Councilmembers Casey and Finn NOES: Mayor Pro Tem Dauber ABSENT: Councilmember Siegel Dauber stated that she voted no because the Town was going through a transition period with the City Manager leaving and this interim ordinance would put undue pressure on the Planning Director. Dauber stated she could support it there was a smaller sample of projects by lowering the mean average project size. 6. NEW BUSINESS 6.1 Discussion of Emergency Medical RFP This item was continued. 6.2 Request from John Vidovich for modification of subdivision conditions and • staff recommendation for process Council addressed the March 18"letter from Mr. Vidovich in which he requested approval of revisions to certain of the conditions of approval for the Quarry Subdivision. Mr. Vidovich, applicant, explained his request for an eight foot fence in some areas to reduce deer access. He explained that due to the slope of the property in these sections the fence would not be visible. Staff noted that a variance would be required for approval of this portion of the fence. Council agreed this request should be scheduled for Planning Commission review. The second request by the applicant was to use a combination of materials for the Type IIB pathway to make it more durable and to protect against erosion. Council agreed that this request should be resolved by the City Engineer. Betsy Bertram, 11854 Page Mill Road, suggested that the lower paddock of Westwind Barn was a good example of this combination of materials. Sandra Humphries, member of Environmental Design and Protection Committee, noted that there was a new process being used for golf courses and she would get this information to the Public Works Manager. The third request by the applicant was to add concrete ends to the required plastic storm drainage pipe and also to build natural rock abutments. Council agreed this was a good idea. The fourth request by the applicant was to add two round short rock columns at the entry off Stonebrook and also to add a short rock wall on the east side. The reasoning for this request was to give the subdivision some identity and also to discourage the off roading that was occurring in April 15, 1999 Regular City Council Meeting 6 this location. Casey commented that she thought this would be a beautification enhancement to the project. Dauber noted that she would like to see where they planned to place the columns. Council agreed that this request was an encroachment permit request issue and should be handled by staff. Betsy Bertram, 11854 Page Mill Road, commented that she thought this gave the appearance of a closed community and she did not concur with this look for the Town. The fourth request by the applicant addressed drainage. In his March 18`h letter, Mr. Vidovich stated that the two pipe culverts installed to accept drainage from Stonebrook intersected at the entry to the subdivision. These pipes were connected during the construction process to allow the flow to naturally follow the contour of the land and to travel down hill into the lake before exiting from the lake back into Hale Creek. This was not in compliance with the conditions of approval and staff had notified Mr. Vidovich to correct it. Mr. Vidovich stated in his letter that this was an engineering and environmental mistake in need of correction. He did not agree with routing water along the side of a hill stating that it created a sediment filling situation for this bypass causing future flood danger to the homes and land below the bypeass. Mr. Vidovich believed it was most natural for the water to go down hill into the lake depositing its sediment into the 150 foot deep lake before exiting sediment free into the true Hale Creek. He asked that Council consider this a safety and environmental request. Staff noted that the watershed runoff was a major issue in the discussions of this project both by outside agencies as well as neighboring residents. After completion of the Quarry Hills Envionrmental Impact Report and required public hearings by the Planning Commission and City Council an agreement was reached that the storm water runoff from the La Loma drainage sub-basin would continue to be conveyed directly into Hale Creek as opposed to routing the water into the lake first. Staff recommended requiring the applicant to prepare a focused environmental impact report to address the environmental issues associated with this drainage request. In addition the appropriate public hearings by the Planning Commission and City Council would be necessary. The following addressed Council urging them to require Mr. Vidovich to abide by the approved conditions of approval: Karen and Harry Emerzian, 11670 Dawson Drive; Dr. Howard Martin, Mountain View; Marshall Bauer, 11665 Dawson Drive; Betsy Bertram, 11854 Page Mill Road; Sandra Humphries and Fred Osterlund, 26238 Fremont Road. They noted that the subdivision conditions had been approved after input from outside agencies, neighbors,the Planning Commisision and City Council. Public hearings had been conducted and it was not appropriate for the applicant to change these required conditions. By diverting the water to the lake, Mr. Vidovich had already deprived Hale Creek of water. Charles Ventura, 25398 LaLoma, commented that the water would run thru September/October and the object was to keep the water running and the lake full. There was enough water underground for Hale Creek. The City Manager noted that when staff learned of the diversion of water to the lake,he had contacted Mr. Vidovich and given him thirty days to correct the situation. Mr. Vidovich then responded by sending the March 18`h letter to the City Council listing his requests for changes to certain of the conditions including the drainage issue to Hale Creek. Council agreed that Mr. Vidovich should prepare a focused environmental impact report on his request for a change to this drainage condition and furthermore should fix the hole in the pipes diverting the water to the lake within two weeks. In addition the appropriate public hearings by the Planning Commission and City Council would be necessary. April 15, 1999 Regular City Council Meeting 7 i The sixth request by the applicant was for removal of the trail easement and trail that had been built on the east border of lot ten. In his letter Mr. Vidovich stated that this path was not necessary since a trail opening existed on Stonebrook closer to all residents except for a few in the Quarry Hills Subdivision. He also stated that the trail would be an unfair burden to the owner of lot ten. Staff noted that the pathway under discussion was a condition of approval for this subdivision and the easement for the pathway had already been recorded with the final map and had been constructed. This path served as a connection between the subdivision and the Mary Stutz pathway that traversed from Stonebrook Drive through Juan Prado Preserve. Council concurred with staff s recommendation that this request for removal of a pathway be scheduled for public hearings by the Planning Commission and City Council. The final request by the applicant was for the subdivision improvements to be accepted in reasonable segments for completion. Mr. Vidovich stated that he was making this request because certain neighbors wanted to connect to his sewer. Staff did not recommend approving this request. They noted that all of the improvements for the subdivision could be done before the public hearings by the Planning Commission and City Council could be scheduled and these hearing would be necessary to amend the subdivision's conditions of approval regarding acceptance of improvements. Council did not approve this request 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Safety Committee: Proposal by Safety Committee to distribute medical information • Vials to Town Residents This item was continued to the next meeting. 7.2 Pathways Recreation and Parks Committee: 7.2.1 Request for signage and dedication of Fran Stevenson Path for the May 23`d Spring Picnic PASSED BY CONSENSUS: To concur with the request that the Fran Stevenson path dedication take place on May 23`d and that signs be placed at each end of the path saying 'Fran's Path' on the front and'Fran Stevenson Pathway' on the back. These signs shall be paid for out of the Pathways Committee budget and if needed the City Manager's contingency fund. Casey asked the Pathways Recreation and Parks Committee to further investigate recreational uses in the Town. She referred to Byrne Preserve and such activities as those found at Deer Hollow Farm(i.e. organic farms). 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.2.1 Request for financial support to attend the Annual League of California Cities City Attorney Conference April 15, 1999 Regular City Council Meeting 8 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed • unanimously by all members present to approve the request from the City Attorney for financial support to attend the Annual League of California Cities City Attorney Conference. 8.3 City Clerk 8.3.1 Report on Council Correspondence Council discussed the letter received from Mr. and Mrs. Medina requesting assistance with pathway maintenance on La Paloma, Purissima and Concepcion. In their March 26, 1999 letter they referred back to their April 8, 1997 letter requesting increased maintenance on paths that were quite overgrown. Their letter further noted that their daughter would be using a guide dog and they were fearful she would be led into the street since the dog would protect her from pot holes, overgrown plantings and other obstructions. Mr. Medina, 26501 Purissima Road, reinforced the concerns expressed in his letters. He stated that they had put their path in as required but the connecting paths were not in place. There were pot holes and overgrowth and he requested that the paths be maintained. When they had put in their path,they had been told the Town would be maintaining it but this has not been the case. The City Manager noted that this would be considered a capital improvement project such as the Fremont Road Path Project now going out for bid. Casey suggested considering this path project when reviewing the issue of the excess funds available to the Town. It was agreed the Public Works Manager would meet with Mr. Medina to discuss this problem. 9. COUNCIL-INITIATED ITEMS • 9.1 Sister Cities Program(Mayor Pro Tem Dauber) This item was continued to the next meeting. 9.2 Use of armories to shelter the homeless (Mayor Johnson) .PASSED BY CONSENSUS: To authorize the Mayor to send a letter to the Governor asking him to authorize the National Guard to open armories to the homeless after the March 15"closing date. 10. PRESENTATIONS FROM THE FLOOR Bill Sun, representing the Los Altos/Los Altos Hills Sister Cities Association,presented a gift to the Mayor and Councilmembers from the visiting dignitaries from Shih Lin, Taiwan. Betsy Bertram, 11854 Page Mill Road, inquired about the Packard Foundation and who owned the Packard property in the Town. Mrs. Bertram expressed concerns about the use of the Packard property for Foundation meetings and events. She referred to the resulting necessity for increased parking spaces and the increase of traffic. Mrs. Bertram considered such a use a zoning change for the Town. Dr. Evan Wythe, 13828 Moon Lane, asked Council for assistance with the Los Altos Post Office. They were having a problem getting mail delivered to their subdivision as the Post Office has said they would not go up Moon Lane. Dr. Wythe noted that the mailboxes were subject to vandalism and he did not understand the post office saying there was not enough room for their • vehicles to turn around when the fire department did not seem to have such difficulties. It was agreed the City Manager would send a letter to the post office about this matter. April 15, 1999 Regular City Council Meeting 9 i 11. PUBLIC HEARINGS 11.1 Request for a site development permit and conditional use permit for the installation of telecommunications equipment(two 15 foot high'tree'pole antennas and equipment shelter) on an existing maintenance yard site, Lands of Nextel Communications, Inc. (Lands of California Department of Transportation), 2350 Page Mill Road. Mr. Heinz Lumpp, representing Nextel, commented that he was available to answer any questions. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed unanimously by all members present to approve the request for site development and conditional use permits for installation of telecommunications equipment(two 15 foot high'tree' pole antennas and equipment shelter) on an existing maintenance yard site and adoption of a negative declaration, Lands of Nextel Communications, Inc. (Lands of California Department of Transportation), 2350 Page Mill Road 12. CLOSED SESSION: PERSONNEL: PURSUANT TO GOVERNMENT CODE SECTION 54957: Public Employment-- Cily Manager Council adjourned to a Closed Session regarding public employment at 11:10 a.m. and reconvened at 12:15 a.m. Council returned to open session to report, if necessary, any action taken. • 13. ADJOURNMENT There being no.further new or old business to discuss,the City Council Meeting was adjourned at 12:15 a.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the April 15, 1999 City Council Meeting were approved at the May 6, 1999 City Council Meeting. �3 April 15, 1999 Regular City Council Meeting 10