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HomeMy WebLinkAbout06/17/1998Minutes of a Regular Meeting June 17,1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, June 17, 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 Council to order at 6:05 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: Carol Tiegs, Los Altos Town Crier MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously to add the following item to the agenda as an urgency item: approval of agreement with WSP Trucking Company to maintain and repair the following three emergency access roads at a cost of $9,590: Edgerton Road to Country Way, Byrne Park Lane to Altamont Road Emergency Fire Access Road and Matadero Creek Lane to Page Mill Road. LA REORGANIZATION OF THE COUNCIL MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed by the following roll call vote to appoint Bob Johnson as Mayor for a one-year term. AYES: Mayor Casey and Councilmembers Dauber, Hubbard and Siegel NOES: None ABSTAIN: Councilmember Johnson MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to appoint Elayne Dauber as Mayor Pro Tem for a one-year term. AYES: Mayor Johnson and Councilmembers Hubbard and Siegel NOES: Councilmember Casey ABSTAIN: Councilmember Dauber Casey thanked Council and staff for their assistance during her year as Mayor. Johnson commented on Casey's term as Mayor and noted the increased participation of residents as a positive result of her efforts. He presented her with a gift from the Town. June 17, 1998 Regular City Council Meeting 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Planning Commission Council had received five applications for the Planning Commission as well as letters from Carol Gottlieb and Richard Aurelio stating they would like to be considered for reappointment. Sandra Humphries, 26238 Fremont Road, stated that she actually supported the reappointment of the current Commissioners as she thought they were doing an excellentjob. She had applied really to keep her name in the pool for future openings on the Commission. Ms. Humphries also commented on her support of native plantings in the Town, on public as well as private property. Safwat Malek, 12663 Corte Madera, commented on his interest in serving on the Planning Commission. In response to an inquiry from Council about the number of projects in Town for which he worked as the architect, he responded that he was actually semi -retired and had only had a couple of remodels in the last few years. He believed that improvement could be made in the area of adhering to compliance with the Town's ordinances. Lisa Vellequette, 25505 Bledsoe Court, noted that she had quite a bit of experience in building homes and she believed working on the Planning Commission would be a good way to use her knowledge and give back to the community. She believed changes should be made to the meeting process on applications allowing for more interaction, ability to answer questions and explain issues after the actual public hearing had been closed. The guidelines should be followed fairly for all projects and if the guidelines were not working then they should be changed. Janet Vitu, 13826 Page Mill Road, stated that she was familiar with Town issues and supported upholding the Town's ordinances and guidelines. She had a background in mechanical engineering and had the time and energy to contribute to the community. She recommended more communication with the applicants early in the process to save them time and money. Carol Gottlieb, 24290 Summerhill, expressed her interest in reappointment to the Planning Commission and commented on the importance of the planning process in the Town. Richard Aurelio, 25320 La Loma Drive, commented that he thought the planning process was working well but it was difficult. He also noted that as a Planning Commissioner he had learned how to diffuse emotional issues. An application had been received from Michael Schoendorf but he was not present at the meeting. PASSED BY CONSENSUS: To reappoint Carol Gottlieb and Richard Aurelio to the Planning Commission for four-year terms. Council thanked all of the applicants and suggested they considerjoining other Town committees. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following actions were taken at the 6/10/98 Planning Commission Meeting: Lands of Romer, 28500 Matadero Creek Lane: request for a Site Development Permit for a new two-story residence, second unit, cabana and pool with a total June 17, 1998 Regular City Council Meeting `7 floor area of 7,507 square feet and a maximum height of 26 feet - approved; Lands of Allison, 11030 Magdalena Avenue: request for a Site Development Permit for a new one-story 5,401 square foot residence with a 1,306 square foot attached garage and pool - approved; Lands of Hill, 13870 La Paloma Road: request for a Site Development Permit for a new 5,432 square foot residence and an 837 square foot attached garage with a maximum height of 23 feet - approved; and Lands of Bowers, 25518 Hidden Springs Lane: request for a Site Development Permit for a new two-story, 5,469 square foot residence, 27 feet in height and a 438 square foot detached garage 17 feet in height - continued. PASSED BY CONSENSUS: To direct the Planning Director to write a policy defining the boundaries of the La Paloma area of Town and including any restrictions for this particular area and to bring this policy back to Council for approval. All residents in the La Paloma area should be noticed when this matter is agendized. Casey raised the issue of the Town's policy on chimneys. She commented that the policy was continually being changed by the Planning Commission and she believed if new requirements were going to be made of applicants, the matter should come back to the Council for review. PASSED BY CONSENSUS: To agendize a discussion by the Planning Commission of the policy on chimneys and to bring their recommendation back to the Council. Item Removed: 4.5 (Dauber) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: June 3, 1998 (Adjourned Regular Meeting) June 3, 1998 (Regular Meeting) 4.2 Awarded Certificate of Appreciation - Rae Richter, Community Relations Committee 4.3 Approved lot line adjustment, Lands of Hill and Chambers, 12051 and 12101 Stonebrook Drive 4.4 Approved proposal for supplemental surveying and mapping of Esperanza Drive for pavement management and storm drain improvement project, CIP 97-98 4.6 Approval of Los Altos and Palo Alto Sewer Service Charges — Reso #38-98 Item Removed: 4.5 Approval of reimbursement agreement between the Town of Los Altos Hills and Los Altos Hills County Fire District for clearing and/or repairing selected emergency access roads — Reso # June 17, 1998 Regular City Council Meeting Dauber raised the issue of the Fire District's offer of $50,000 to accomplish the work of clearing and/or repairing 13 emergency access roads. She asked where the additional funds would come from if the cost was more than $50,000. Staff advised Council that in the agreement it was stated that the Town would determine the scope of the project and the Town was not committed to do all of the roads if there was not enough money. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to adopt Resolution #39-98 approving and authorizing execution of a reimbursement agreement between the Town and the Los Altos Hills County Fire District. 5. UNFINISHED BUSINESS 5.1 Adoption of Urgency Ordinance authorizing an amendment to the contract between the Town and the Board of Administration of the California Public Employees' Retirement System MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to adopt ordinance #393 authorizing an amendment to the contract between the Town and the Board of Administration of the California Public Employees' Retirement System. 5.2 Adoption of Goals and Objectives for Fiscal Year 1998-99 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to adopt the goals and objectives for Fiscal Year 1998-99 as outlined in the City Manager's report dated 6/17/98. 5.3 FY 1997-98 Goals and Objectives - Yea End Status MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously to accept the City Manager's year-end status report dated 6/17/98 on the goals and objectives for Fiscal Year 1997-98 5.4 Presentation of Town Accomplishments for FY 1997-98 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously to accept the City Manager's report dated 6/17/98 on the Town's accomplishments for Fiscal Year 1997-98. 5.5 Approval of Employees' Benefits Package — Resolutions # MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously to adopt Resolution #40-98 fixing the employer's contribution of health care premium under the Public Employees' Medical and Hospital Care Act with the addition of the word `monthly' to the dollar figures; and to adopt Resolution #41-98 amending the Town's employee benefit listing for fiscal yew 1998-99 with the following corrections: page 3, section IV - clarify that sick leave can be accrued with no cap; page 3, section II of compensatory time - add definition of overtime work and delete quotes around overtime work; page 4, section III of administrative leave - change five days to seven days; page 6, section II of health plans - clarify that Town pays retirees; and page 9, section III of workers' compensation - add a cap if there is one. June 17, 1998 Regular City Council Meeting 6. NEW BUSINESS 6.1 Request for approval of strategy for weed control spraying along streets and pathways Council had before them the proposed strategy for weed control spraying. This strategy had been reviewed by the Environmental Design and Protection Committee and they had recommended approval. The following purpose of the strategy was stated: The purpose of the weed spraying program was to control weeds and vegetation along streets and pathways in an environmentally safe and economical manner to provide clearance for vehicles, pedestrians and equestrians; to provide adequate sight distance for safety; and to eliminate potential fire hazards. The strategy also included the present methodology of weed spraying. The weed spraying program was conducted in a two-step process. The first step included pre -emergent spraying in the fall before the weeds had germinated. The second step consisted of applying a post -emergent herbicide in the spring after the weeds had sprouted. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unanimously to approve the weed control spraying strategy prepared by the Public Works Manager and dated 6/17/98. 6.2 Appointment to the Bicycle Advisory Committee PASSED BY CONSENSUS: To continue this item to the next meeting to allow the Pathways Committee the opportunity to make a recommendation on an appointment. 6.3 Approval of agreement with WSP Trucking Co., Inc. for maintenance and repair of three emergency access roads �w MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to adopt Resolution #42-98 approving an agreement with WSP Trucking Co., Inc. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8. 1.1 Emergency Access Roads The City Manager noted that staff expected to bring a request to Council at the next meeting for authorization to negotiate a contract for maintenance and repair of an additional list of emergency access roads. 8.1.2 Recycling The City Manager reported that mixed paper recycling will begin the week of lune 29". 8.1.3 La Paloma Drainage Channel The City Manager reported that the La Paloma Drainage Channel was being dug by the property owner. June 17, 1998 Regular City Council Meeting 8.2 City Attorney 6V 8.2.1 Report on questions regarding campaign regulations Ralph Vetterlein, 26035 Todd Lane, presented a revised list of 1998 voluntary election reform recommendations as follows: 1) Voluntary spending limit of $5,000 (approximately $.63 per resident. If any candidate declined to accept the voluntary spending limit, the cap would automatically triple for other candidates who agreed to the limit; 2) Candidates may receive a maximum of $100 from an individual contributor or a group contributor; 3) The Council should determine what the public record reportable contributions level should be; 4) A new Los Altos Hills Code of Ethics would be added to the California State Code for voluntary endorsement by candidates; 5) The Town Los Altos Hills would arrange a meeting for candidates to review all voluntary and mandatory election rules. Any candidate may authorize in writing a designate to act on their behalf should they be unavailable. Participation in the candidates meeting was voluntary; and 6) An independent auditor would be selected to oversee campaign filings. Nancy Couperus, 13680 Page Mill Road, referred to the recommended Code of Ethics and believed that candidates would abide by the statements made in the code. Richard Aurelio, 25320 La Loma Drive, asked if the Los Altos Hills Civic Association was a political organization. He particularly referred to the issue of anonymous mailings. Betsy Bertram, 11854 Page Mill Road, suggested that it be a requirement for anyone sending an election mailing to get it stamped by the Town prior to sending it. Council discussed the recommendations made on election reform, mass mailing regulations and the issue of term limits. The City Attorney commented that if the Council wished to address term limits, the issue would have to go to the vote of the residents. She referred to her report dated 6/12/98 on campaign reforms which, in part, included the following information: The Town cannot mandate spending limits; Since the Political Reform Act specifically defines mass mailings, the Town might be preempted in this specific area from adopting a different definition; The Town could impose a limit on campaign contributions but the amount that would be considered legal is uncertain; It would not be advisable for the Town to adopt regulations on the duration of fundraising or campaign deficits; and auditors could publish candidate's filings. The City Attorney also reported that in order for any campaign reforms to apply to the November election, the reforms must be in effect by July 13, 1998. PASSED BY CONSENSUS: To direct the City Attorney to prepare a resolution on voluntary campaign reforms to include the following: a voluntary spending limit of $5,000; candidates may receive a maximum of $200.00 from an individual contributor or a group contributor; a new Los Altos Hills Code of Ethics will be added to the California State Code for voluntary endorsements by candidates; and the Town of Los Altos Hills will arrange a voluntary meeting for candidates to review all voluntary and mandatory election rules. The City Attorney was also requested to contact the Santa Clara County Ethics Commission for information on their procedures. The City Attorney was further directed to prepare an ordinance imposing further regulations on mass mailings by decreasing the number to 100 pieces of mail and by requiring clear identification of sender. PASSED BY CONSENSUS: To put a measure on the November 3, 1998 election setting term limits in the Town. 8.3 City Clerk 8.3.1 Report on Council Correspondence June 17, 1998 Regular City Council Meeting 8.4 Planning Director The Planning Director ave Council a status report on the plan check review process. He noted that on Friday, lune 19� interviews would be held with three firms and three individuals who performed plan checks. He anticipated bringing a recommendation to the Council in July. 9. COUNCIL -INITIATED ITEMS 9.1 Newsletter Response (Mayor Pro Tem Dauber) Dauber referred to the response to the recent newsletter from Norma Melchor on street gutters. She suggested this be sent to the committee reviewing the circulation element. 9.2 Vacation PASSED BY CONSENSUS: Council agreed to cancel their August 5' meeting. 9.3 Clean Up Days (Mayor Pro Tem Dauber) Dauber suggested rewriting the notice for Town clean-up days to make it clearer. It was agreed the Council subcommittee on solid waste issues would prepare a rewrite. 10. PRESENTATIONS FROM THE FLOOR Betsy Bertram, 11854 Page Mill Road, asked if the Town had any recommendations for discers. She was having problems getting her property cleared because the discing companies were so busy. Council suggested Mrs. Bertram call the Fire Department. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for an entryway and gate, and a variance for a 14 foot high entryway and an 8 foot high gate within the setback, Lands of Gorham a Shuler, 5829 Stonebrook Drive The Planning Director presented background information on the Gorham application. He reported that on 5/27/98 the Planning Commission had denied the Gorham's request for a variance and site development permit to allow an existing entryway and a proposed eight foot high gate within the front setback from the existing Stonebrook Drive right-of-way and proposed private access easement from the Quarry Hills subdivision. The majority of Planning Commissioners believed the gate and entryway could be relocated to comply with Town ordinances and the safety of the Gorhams would not be compromised. The Gorham property was annexed into the Town with the Quarry Hills subdivision in October, 1996 but the Planning Director noted that they had also not obtained County permits for the gate and entryway. The Planning Director further noted that a letter of support for this project had been received from one of the neighbors, Jeffrey Trant. Mr. Trant had originally objected to this project. Mr. Gorham, applicant, thanked Councilmembers for visiting their property and seeing the gate and entryway firsthand. He commented that they honestly did not realize they were in the Town and had begun this project before the date of annexation. They had lived on the property for 22 years and planned an extensive planting program to cover the pilasters and the beam. Mr. Gorham further explained that access to their lot would be via private driveway and their gate was set back forty feet from the private driveway and even further from the public road. June 17,1998 Regular City Council Meeting `7 Siegel commented that this property was in an isolated area of Town. Hubbard agreed that it was in a remote location but would not be quite so remote when the Quarry Hills Subdivision was built. He was concerned that approval of this project would be precedent setting and he felt it would be sending the wrong message to approve a project that had been done without permit. On the other hand he noted that the walls surrounding the house were closer to the right of way than the gate and were higher than would be allowed in the Town. The house and the walls had obviously been built according to County regulations. Hubbard also noted that the gate and entryway were architecturally compatible with the house and the existing walls. Dauber referred to the required findings necessary for granting a variance and stated that she could not make these findings. She suggested the Gorhams pursue the option of abandoning the road. Casey did not believe this was precedent setting. She believed it was a unique situation on a private road. Johnson believed the purpose of variance findings was to determine that circumstances were unique and he believed they were in this case. Johnson did not think that moving the gate would make any difference. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to approve a variance and site development permit for an existing entryway and a proposed gate, Lands of Gorham and Shuler, 15829 Stonebrook Drive, based on the recommended findings for variance dated 5/27/98 with the additional statement that the gate and entryway tied in with the existing wall; and subject to the conditions of approval dated 5/27/98 with the deletion of the following condition: "The paint color of the entryway pillars shall be chosen by the applicant to approximate the wood arch and approved by staff in conformance with the Town's adopted color board and shall exhibit a light reflectivity value of 50 or less. A color sample shall be submitted to the Planning Department for approval prior to acceptance of plans for building plan check for the gate. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection." AYES: Mayor Johnson and Councilmembers Casey, Hubbard and Siegel NOES: Mayor Pro Tem Dauber Siegel suggested that letters should be sent to the three property owners at the end of Stonebrook suggesting they get together with Mr. Vidovich (Quarry Hills Subdivision) concerning a road maintenance agreement. 11.2 Adoption of a Proposed Town Budget for the fiscal year 1998-99 and the appropriations limit for the fiscal year ending Jane 30,1999 — Resolution # The Finance Director distributed updated budget information in part addressing the changes to the Solid Waste Fund. In addition she responded to inquiries from Council on the amount of sewer reserves. Council recommended that recycling income be included in solid waste fund and information be included from the Fire District. It was further suggested that the contract with the Los Altos Garbage Company be reviewed on a regular basis. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to reactive the Solid Waste Council Subcommittee (Dauber and Hubbard) to review solid waste issues including a review of the contract with LAGCO as well as a review of the operations of services. Dan Alexander, 27200 Elena, spoke on behalf of the Historical Society and asked Council to reconsider their request for a $4,000 contribution to the Farm Equipment Shed Project. He noted that the Council, at their budget study session, had approved a $2,000 contribution. Mr. June 17, 1998 Regular City Council Meeting Alexander explained why the $2,000 from last year had not been used to date and why they were requesting an additional $2,000. He noted that the required funding was now in place and contributions had been made by the Santa Clara County Historical Society, the Packard Foundation, the Los Altos Hills Historical Society and the Town. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to approve an additional $2,000 contribution to the Farm Equipment Shed Project. Dauber referred to the $20,000 contingency fund in the City Manager's Budget and commented that this should be used if he needed any additional help in his role as the President of the Santa Clara County City Manager's Association. Dauber also referred to the Public Works General Fund Budget and recommended for a future budget format the elimination of the present last column (% of change from 97-98 estimate) and the inclusion of three columns showing budget, adjusted budget and projected budget. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed by the following roll call vote to adopt Resolution #43-98 adopting the budget for Fiscal year 1998-99. AYES: Mayor Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: Councilmember Casey Casey stated that she did not feel comfortable voting on the budget since she had missed the study session and had not had ample time to review it. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:05 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the June 17, 1998 City Council Meeting were approved at the July 1, 1998 City Council Meeting. June 17, 1998 Regular City Council Meeting