HomeMy WebLinkAbout05/20/1998LIM
Minutes of a Regular Meeting
May 20, 1998
Town of Los Altos Hills
City Council Regular Meeting
Wednesday, May 20, 1998, 6:00 P.M.
Council Chambers 26379 Fremont Road
1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE
Mayor Casey called the Regular Meeting of the City to order at 6:00 p.m. in the Council
Chambers at Town Hall.
Present:
Mayor Casey and Councilmembers Dauber, Hubbard, Johnson and
Siegel
Absent:
None
Staff:
City Manager/City Engineer Jeff Peterson, City Attorney Sandy
Sloan, Planning Director Curtis Williams, Public Works Manager
Jim Rasp, Finance Director Carol Ferrell and City Clerk Pat Dowd
Press:
None
The City Attorney requested that acceptance of a storm drain easement for Lands of V idovich be
added to the agenda as an urgency item. This easement completes the paperwork for the
acceptance of the Quarry Hills Subdivision Final Map.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed
unanimously to add a resolution accepting a stone drain easement on the Lands of V idovich to
the agenda on the consent calendar as an urgency item.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointments to Safety Committee
Scott Overstreet, 23200 Encinal Court, and Dr. Robert Smithwick, 25215 La Loma Drive, each
addressed the Council concerning their interest in serving on the Safety Committee. They both
noted that they were active in the ham radio group in Town.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed
unanimously to appoint Scott Overstreet to the Safety Committee for a two-year term.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed
unanimously to appoint Robert Smithwick to the Safety Committee for a two-year term.
2.2 Presentation of Teleminder, an automated community notification system
May 20, 1998
Regular City Council Meeting
Jon Halvorsen, Senior Sales Manager of Teleminder, explained the benefits of having a
Teleminder system at the Town. He noted that Teleminder was a stand-alone computer system
which would tie into the Town's phone system and which the Town would own and operate on
site. Its map -based interface would allow the Town to quickly contact residents in certain parts or
all of the Town on emergency matters, i.e. fire. Mr. Halvorsen also noted that there were twelve
Teleminder systems in California including Atherton and Milpitas. He commented that the
system came with maps of the Town which were updated every two years. The updates of the
phone numbers occurred about once a quarter and it was estimated that to update this phone list
would take about fifteen minutes. Mr. Halvorsen explained other applications for this program
such as contacting the elderly or those in need of assistance. He also explained what happened if
an answering machine was reached. The cost of this system was $29,500 with a maintenance
charge of 15% of total purchase price per year for maintenance. Mr. Halvorsen presented a
demonstration for the Council and was available to answer any questions.
Betsy Bertram, 11854 Page Mill Road, asked if there was off-site backup and Mr. Halvorsen
responded that backup tapes were kept at their offices.
Dr. Robert Smithwick, 25215 La Loma Drive, asked about the liability issue and the City
Attorney responded that she would be looking into that issue.
Dauber asked to see a copy of the instruction booklet
PASSED BY CONSENSUS: To direct the City Attorney to contact Atherton and to discuss in
detail their use of the Teleminder system and to report back to the City Council.
3. PLANNING COMMISSION REPORT
`r The Planning Director reported that the following items were discussed at the 5/13/98 Planning
Commission Meeting: Lands of Wong, 14470 DeBell Road: approved request for a site
development permit for a new 4,363 square foot residence with an attached 651 square foot
three -car garage; Lands of Doman, 13113 Byrd Lane: approved request for a site development
permit for a shed and a variance to encroach into the side yard setback; Lands of Doman, 13113
Byrd Lane: approved request for a site development permit for a 410 square foot addition on the
first floor and a 500 square foot addition on the second floor with no increase in height; Lands of
Kwong, 14470 Manuella Avenue: approved request for a site development permit for a
swimming pool and a major addition and remodel, adding 300 square feet to the first floor and
1,114 square feet to the second floor; and Lands of Ewald, 26131 Altadena Drive: approved
request for a site development permit for 2,145 square foot one-story addition, and a 825 square
foot garage with a maximum height of 16 'h feet.
4. CONSENT CALENDAR
Item Removed: 4.3 (Siegel)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed
unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: May 6, 1998
4.2 Approved Warrants: $102,033.01 (5/15/98)
May 20, 1998
Regular City Council Meeting
4 4.4 Approved agreement with Zanker Road Resource Management, LTD for
disposal of yard waste — Reso #29-98
4.5 Approved recommendation for approval of contracts with Town Geologist
for design of landslide repairs-Reso #30-98
4.6 Accepted grant of storm drain easement on Lands of Vidovich — Resolution #31-98
Item Removed:
4.3 Approval of agency agreement for a Countywide AB939 Implementation Fee -
Resolution #
Siegel asked for clarification of the implementation fee. Staff responded that this fee was
approximately $7,500 and the monies were used to fund AB939 related costs.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed
unanimously to adopt Resolution #28-98 approving an agency agreement for a Countywide
AB939 Implementation Fee.
5. UNFINISHED BUSINESS
5.1 Request from Mr. Schoendorf regarding interpretation of Town Municipal Code
concerning undergrounding of utility lines
Michael Schoendorf, 13145 Byrd Lane, referred to the correspondence he had written over the
last several months on the issue of underground utility installations. He believed the ordinance
had been misinterpreted and should be clarified so that in the future residents did not experience
the confusion he had had with his neighbor. He specifically referred to a letter from John Krug,
Service Planning Supervisor, PG&E and did not agree with Mr. King's opinions. Mr.
Schoendorf stated that he had the documents to support that the lateral from the pole was not part
of the distribution but part of the secondary which was covered by Town ordinances.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and
passed unanimously to direct staff to clarify ordinance section 8-204 to read: "Every
electrical, telephone and other utility service lead-in shall be constructed and placed
underground so that no portion thereof shall remain aboveground at any place between the
street or easement line supply and the structure which such lead-in serves. No new utility
pole or overhead line shall be installed, except for repair or maintenance purposes."
5.2 Statement of Position on AB 1776 (Motor Vehicle Tax) Reso #
N,
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Johnson stated that fourteen out of the fifteen Santa Clara County cities had stated their
opposition to the repeal of the motor vehicle tax. Hubbard believed this tax was an appropriate
tax for use of roads, etc. Sigel stated that the loss of this revenue would be fiscally damaging to
the Town and Dauber also commented that this tax accounted for a signficant amount of the
library budget. She also asked why local governments had not gotten back the ERAF property
tax monies. Casey believed the people had been overtaxed and this was a good step in beginning
to reduce taxes. She believed Governor Wilson when he said the money would be returned to the
local governments by other means.
May 20, 1998
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard, and passed
(, by the following roll call vote direct the Mayor Pro Tem to send a letter to the appropriate
Assemblymembers and State Senator stating the Town's opposition to the repeal of the motor
vehicle tax.
AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel
NOES: Mayor Casey
5.3 Resolution of Intention to approve an Amendment to Contract between the Board of
Administration of the Public Employees' Retirement System and the Town Council of
the Town of Los Altos Hills
The City Manager noted that at the May 611 Council Meeting, Council had approved the 2% at 55
benefit for staff. As an initial step in putting this benefit in place, it was required that a
resolution of intention be adopted by the Council.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed
unanimously to adopt Resolution #32-98 approving an amendment to contract between the Board
of Administration of the Public Employees' Retirement System and the Town Council of the
Town of Los Altos Hills.
6. NEW BUSINESS
6.1 Recommendation for consent to Amend the Bylaws and Articles of Incorporation of
Friends of Westwind, Inc. Reso #
Susie Holic, Secretary - Friends of Westwind Board of Directors, explained the proposed
changes and amendments to the Council. She noted that primarily the Board wanted to eliminate
the requirement that some of the directors not be facility users and also wanted to add one
additional director position to represent the 4-H organization. The amended articles eliminated
the requirement that profits from charitable events which included non-members be donated to a
charitable organization. This practice had not been followed and was not required by law.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed
unanimously to adopt Resolution #33-98 consenting to an amendment of the bylaws and articles
of incorporation of Friends of Westwind, Inc.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS
ON OUTSIDE AGENCIES
8. STAFF REPORTS
8.1 City Manager
8.1.1 Fire Prevention
The City Manager reported that three emergency fire roads were scheduled for repair and the
Town was working with the Fire District. The contacts would be brought back to Council for
approval. The roads to be done were: Byrne Park to Altamont, Matadero Creek (water tower) to
Page Mill and Country Way to Edgerton. It was also noted that the residents along these roads
would be notified when the work was scheduled.
May 20, 1998
Regular City Council Meeting
8.1.2 Yardwaste
The City Manager noted that a flyer on the new contract with Zanker Road for yardwaste drop-
off would be included with the revised notice being prepared by the Los Altos Garbage
Company. This notice would clarify the pick up days and also include the information from the
Fire District on the pick up days at Foothill College. The issue of those residents in arrears on
the garbage bills was raised and it was agreed they should not be able to participate in these
services. It was further agreed the City Manager would send a letter to those in arrears advising
them that they could not use these services.
8.1.3 Esperanza
The City Manager reported that the Town was working on a plan to repave Esperanza. Based on
the arborist's report, this contract would be done in winter because this would be better for the
trees along Esperanza. The residents would be notified of the work.
8.1.4 Budget
The City Manager stated that a budget study session was scheduled for June 3`d at 4:00 p.m. and
the Finance Committee had reviewed the budget at their 5/19/98 meeting and recommended
approval.
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
Council referred to the letter about Colina Drive and whether it was private/public. Staff
responded that there was no record of the Town accepting this dedication. It was agreed the
Town would send the standard letter about what was required to have a road accepted as public.
The letter from Nick Ward concerning sewer issues and staff responded that the process had been
changed to assist residents with problems over the weekends and during non -business hours.
Casey asked that any correspondence that required Council action be attached to the report on
Council Correspondence.
9. COUNCIL -INITIATED ITEMS
9.1 Town Newsletter (Councilmember Siegel)
Siegel reported that the Town Newsletter would now be going out four times a year and had a
new format as shown on the last issue. Also Roger Burnell had resigned as editor due to
business commitments and Duffy Price was the new editor. The new schedule for newsletters
was: March, June, September and December. It was agreed the Mayor would send a letter and
certificate of appreciation to Roger Bumell for his contributions as editor.
9.2 North County Library Association (Councilmember Dauber)
May 20, 1998
Regular City Council Meeting
Dauber reported that the NCLA had accumulated reserves of $800,000 and research was being
conducted into whether they could transfer some of these funds to the fundraising campaign for
Vision 21. The goal was to have an endowment fund by the year 2010. They could reduce the
library tax now or get the endowment fund. By transferring the funds, the library would not have
to tax the residents extra and could take advantage of the high interest rate being applied to their
reserves. Siegel commented that the library should take into account the possible loss of the
motor vehicle tax money and Hubbard referred to the 17% interest rate and urged caution. This
implied risky investments and could be very temporary.
9.3 Green Business Program (Mayor Pro Tem Johnson)
Johnson referred to a request from Isao Kobashi, Manager, Integrated Waste Management Plan,
that the Town support the Green Business Program at a level of $1,800. Council declined.
9.4 AB 1614 - Internet Tax Compromise (Mayor Pro Tem Johnson)
Council agreed to agendize this issue for the June 3' Council Meeting.
9.5 Weed Abatement - Goat Project (Councilmember Siegel)
Siegel reminded everyone that the Fire District had entered into an agreement for goats to be in
Byrne Preserve during the next few weeks for weed abatement.
9.6 Magdalena Path (Mayor Casey)
Casey asked for a status report on the Magdalena Path issue and was advised by the City
Manager that to date no further action had been taken.
9.7 Discussion of off-road paths - Southwest Section of Town (Mayor Casey)
Casey asked when this would be coming back to Council for discussion. The City Manager
explained that the engineering technician who would be working on this was recovering from a
serious car accident. He did not have a certain date at this time when all of the relevant
information would be ready to bring back to Council.
9.8 Fire Hydrants (Councilmember Siegel)
Siegel asked for the status of the fire hydrant checks and was advised by the City Manager that
Central Fire had been checking the fire hydrants.
9.9 Corporation Yard (Councilmember Siegel)
Siegel asked about the corporation yard and the clearing out of the old yardwaste center. The
City Manager responded that this would be a capital improvement project.
9.10 Off -Road Pathways (Mayor Casey)
Casey requested that a survey be prepared on off-road pathways. She further asked that the
Pathways Committee and Community Relations Committee be asked to bring the draft wording
of this survey back to the Council for approval. Siegel stated that no new paths would be put in
place without Council approval and a public hearing.
May 20, 1998
Regular City Council Meeting
9.11 Morgan Center (Councilmember Dauber)
Dauber noted that the Morgan Center had volunteered assistance in labeling the Town's
newsletters for years. She recommended that the Town consider a donation to the Morgan
Center during the budget discussions.
9.12 Graffiti (Councilmember Hubbard)
Hubbard asked for a status report on the removal of graffiti in Town and was advised that one to
the residents said that he would remove it once but then wanted patroling to prevent it from
happening again. Hubbard asked that this be agendized for the next meeting.
Sandra Humphries, 26238 Fremont Road, reiterated the offer from the Environmental Design and
Protection Committee to repaint these walls if the owners signed a release.
10. PRESENTATIONS FROM THE FLOOR
Tom Lefevre, 14850 Manuelta Road, presented the results of the Los Altos Hills Civic
Association Survey which had been sent to all Town residents. Of the 189 responding, 70% did
not find off-road paths acceptable, 17% thought paths through their backyards were acceptable
and 12% thought paths were acceptable through their neighbors' backyard even when the
neighbors objected. Concerning the maintenance of the Town paths, 2% excellent, 22% good,
38% fair and 38% poor. 82% believed if a proposed house met the Town's standards, unless
there were very significant issues to the contrary, should be approved. 18% believed numerical
standards and ceilings were subject to adjustment for each lot in order to accomplish goals of the
General Plan, the Site Development Ordinance and Design Guidelines.
Johnson stated that for this survey to be worthwhile, a statistical analysis was needed with
projections. Casey supported the aims of the Civic Association which were friendship, education
and involvement. She believed if the Council did not like the way this survey was worded, they
should send out one from the Town. Casey reiterated her position that she supported the
pathway system but not off-road paths that invaded one's privacy. She also believed that the
petition submitted at the last Council Meeting did not include balanced questions and was biased.
Hubbard stated that the wording was misleading in the Civic Association's survey regarding
paths through backyards. Most off road paths would be located along a property line and great
care was taken to mitigate any impact to the nearby homeowners. He also did not think that the
Civic Association was promoting good will and was biased in their reporting.
Les Earnest, 12769 Dianne Drive, stated his opinion that the Civic Association's survey was
inaccurate and biased.
Betsy Bertram, 11854 Page Mill Road, commented that she was a new member of the Pathways
Committee and believed that some paths should be moved to make them less intrusive.
Eric Clow, 27660 Red Rock Road, referred to the survey submitted at the 5/20/98 Council
Meeting and believed this petition was not a reliable indication of support in that its wording
asked if one wanted to see the Town's pathway system destroyed. He believed the Town should
do a neutral, objective survey.
Sandra Humphries, 26238 Fremont Road, believed the Civic Association was operating under
certain misconceptions. The paths were an intergral part of the Town and it was the Council's
responsiblity to uphold them.
May 20, 1998
Regular City Council Meeting
Gregg Carse, 27125 Taaffe Road; Carol Petty, 26932 Almaden Court; Wade Schroeder, 26991
f. Taaffe Road; and Mike Elliott, 27809 Taaffe Road addressed the Council and asked that the off-
` road path scheduled for Altamont Road with entries from Almaden Court and Taaffe Road be
abandoned. They noted that this issue had been brought to their attention in November when the
off-road paths in their section of Town were discussed at a public hearing. They had the support
of all the neighbors for this request and believed such a path would be an invasion of their
privacy and a safety issue. They also commented that they supported the pathway system, had
other paths in their neighborhood but did not support this off-road path.
Mr.and Mrs. Kashigan, 26920 Almaden Court, stated that they did not have an off-road path on
their property but their next door neighbor did so it was right next to their property. They had
the same concerns of safety and privacy.
Hubbard stated that the background work needed to be done on the entire path issue and was
scheduled to be done by Town staff. Any request for review of an easement or a condition of
approval should be done on a systematic basis. Dauber noted that this path on Altamont had
never been put in although it was on the Master Path Plan. She noted the neighbors had lived
there for a long time and questioned what brought about this sense of urgency. Johnson and
Siegel also supported keeping the easements, reviewing the Master Path Plan, being responsible
for the interests of the entire Town and not taking these path issues one at a time. Casey believed
there was enough information available on this section of Town and she intended to put this
request on the June 17" Council agenda for discussion.
11. PUBLIC HEARINGS
11.1 Request for a Site Development Permit for a new residence and sport court, Lands of
Haran, 12580 Miraloma Way
Mr. Harari, applicant, addressed the Council on his appeal of the following condition approved
by the Planning Commission for his project: that the second story element above the entry shall
be revised to match the remainder of the second story, deleting the gable, matching the routine
and other windows. He commented on the high architectural integrity of the design of the house
and why they wanted to keep the gable and the two-story element and distributed renderings of
their project to visually show this design. Mr. Haran also pointed out that they had been
responsive to the issues raised concerning their project and had changed the siting of the house,
reduced the height, improved drainage, reduced the visibility of the retaining wall and were
within all of the Town's ordinances and met all of the Town's design guidelines. In response to
an inquiry about the removal of the pine tree by the driveway, he noted that according to the
arborist this tree was diseased and would not last more than a couple of years. Mr. Hwari also
asked the Council to consider increasing the height of their home by one foot to allow for an
easier construction design.
David Gielow, 12595 Miralornat Way, supported this house and did not concur with the Planning
Commission acting as architects and changing the design of this house. It met all of the Town's
ordinances, was set back and down and had the neighbors' support.
Casey, Hubbard, Johnson and Siegel agreed that the gable was really an architectural issue and
not a matter of bulk. Casey also supported the request for a one foot increase in height in that the
project had no visible impact and it would correct design insufficiencies. Dauber did not agree
with either request. She noted that this project was within 100 square feet of the maximum
development allowed and furthermore she did not support the removal of the pine tree. Dauber
further commented that it was the Planning Commission's role to work at reducing the impact of
projects in Town.
May 20, 1998
Regular City Council Meeting
i
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by
the following roll call vote to grant the applicant's appeal and delete the following condition
from the conditions of approval for Lands of Harari: "Also, the second story element above the
entry shall be revised to match the remainder of the second story, deleting the gable, matching
the roofline and other windows."
AYES: Mayor Casey and Councilmembers Hubbard, Johnson and Siegel
NOES: Councilmember Dauber
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed
by the following roll call vote to deny the request from Mr. Harari for a one foot increase in his
house height.
AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Johnson
NOES: Mayor Casey
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council Meeting was
adjourned at 10:25 p.m.
Res ectfully submitted,
Patricia Dowd
City Clerk
The minutes of the May 20, 1998 City Council Meeting were approved at the June 3,
1998 Regular City Council Meeting.
May 20, 1998
Regular City Council Meeting