Loading...
HomeMy WebLinkAbout08/19/1998Minutes of a Regular Meeting j August 19,1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, August 19, 1998, 6:00 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Johnson called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Johnson and Councilmembers Casey, Dauber, Hubbard and Siegel Absent: None 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 Casey thanked the Council for their cards and donation in memory of her mother. 2. APPOINTMENTS AND PRESENTATIONS PLANNING COMMISSION REPORT The Planning Director reported that the following items were discussed at the 8/12/98 Planning Commission Meeting: 1) Lands of Gather, 26990 Taaffe Road: request for a site development permit for a new 5,735 square foot, 24 foot high (partial two story) residence and pool - approved; 2) Lands of Yeh, 24055 Jabil Lane: request for a site development permit for a new 5,335 square foot residence, 27 feet in height, gazebo and swimming pool - approved; 3) Lands of Kamangar, 24300 Summerhill Avenue: request for a site development permit for a 1,641 square foot addition (20 feet high) and remodel - continued to August 26, 1998; 4) Lands of Owen, 13940 La Paloma Road: request for a site development permit for a 4,700 square foot new residence with two attached garages totaling 1,305 square feet, a 3,070 square foot basement and a swimming pool and spa - approved; 5) Lands of Nuveen Construction, 27585 Samuel Lane: request for a site development permit for a 5,086 square foot new two-story residence with a 746 square foot attached garage and a maximum height of 27 feet and a lap pool - continued; and 6) Lands of Nuveen Construction, 27589 Samuel Lane: request for a site development permit for a new 4,604 square foot two story residence with an attached 650 square foot garage and a maximum height of 27 feet - approved. The Planning Director also reported that Commissioner Aurelio had requested that the Commissioners receive their packets earlier in the week to allow them more time to review the materials. The Planning Director noted that they had been getting some of the staff reports done earlier in the week and faxed to the applicants. They would endeavor to get the complete packets done earlier. Commissioner Aurelio also thought that there August 19, 1998 Regular City Council Meeting were too many public hearings being scheduled for each meeting. The Planning Director r commented that generally they tried to limit the number of public hearings to four. If necessary, special meetings could be scheduled and in some cases they had been starting their meetings earlier. Dauber raised the issue of inconsistent wording in planning agenda items and the Planning Director noted that this was the result of the different reporting styles of the Town planners. He would work with the planners to arrive at a more uniform format for staff reports. 4. CONSENT CALENDAR Items Removed: 4.1 (Hubbard), 4.4 (Casey), 4.11 (Dauber) and 4.13 (Dauber) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants $462,816.84 (7/31/98) 4.3 Approved agreement with Maze and Associates for auditing services — Reso #61-98 4.5 Approved Lot Line Adjustment, Lands of Korman, 26157 Altadena Drive 4.6 Accepted dedication of right-of-way on Robleda and Fremont Roads, Lands of Zatparvar, 25461 Fremont Road — Reso #62-98 4.7 Accepted grant of sanitary sewer easement, Lands of Prime Home Development, 12125 Oak Park Court — Reso #63-98 4.8 Accepted grant of pathway easement, Lands of Loughmiller, 25309 La Loma Drive — Reso #64-98 4.9 Accepted grant of conservation easements, Lands of Robinson and Ikeda, 12238 Via Arline—Reso #65-98 4.10 Accepted grant of conservation easements, Lands of Ferrari, 12500 Corbetta Lane — Reso #66-98 4.12 Approved first amendment to the agency agreement for the Countywide Household Hazardous Waste Collection Program — Reso #67-98 Items Removed: 4.1 Approval of Minutes: July 15, 1998 (Regular Meeting) August 4, 1998 (Special Meeting) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed by the following roll call vote to approve the minutes of the July 15, 1998 City Council Meeting with the following correction: page 6, item 9.2, in the motion change the word `remove' to `modify'. AYES: Mayor Johnson and Councilmembers Dauber and Hubbard NOES: None ABSTAIN: Councilmembers Casey and Siegel (not present at 7/15/98 meeting) August 19, 1998 Regular City Council Meeting August 19, 1998 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed j by the following roll call vote to approve the minutes of the August 4, 1998 City Council it Meeting with the following correction: page 3, item 7.2, change Ed to Dan. AYES: Mayor Johnson and Councilmembers Dauber and Hubbard NOES: None ABSTAIN: Councilmembers Casey and Siegel (not present at 7/15/98 meeting) 4.4 Denial of Claim: Jean and Yue Mar Mr. Mar referred to the letter he and his wife had sent to ABAG concerning the claim they had filed with the Town. According to Mr. Mar, ABAG had agreed to do further investigation after receipt of the Mars' letter. At this time Mr. Mar was asking Council to defer a decision on this claim until hearing further from ABAG. He did also ask if someone from the Town could come out to their property to see the damage and also to check for a break in the sewer line. Staff responded that they would do both. PASSED BY CONSENSUS: To continue this item pending additional information from ABAG. 4.11 Adoption of Resolution banning Methyl Tertiary Butyl Ether (MTBE) Greg Zlotnick, Director District #5, Santa Clara Valley Water District, thanked the Council for considering this resolution banning MTBE and expressed the District's recommendation of support for the resolution. He went on to explain the dangers of MTBE as it related to the contamination of ground water and what steps different agencies were taking to address the problem. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed unanimously to adopt Resolution 468-98 requesting Governor Wilson to prohibit the use of methyl tertiary -butyl ether in gasoline with the last paragraph to read: Now, therefore, be it resolved, that the City Council of the Town of Los Altos Hills supports measures to remove methyl tertiary -butyl ether (MTBE) in gasoline so as to preserve the quality of our water supply. 4.13 Approval of tenth amendment to agreement to provide local law enforcement agency access to the California Identification System (CAL -ID) between the Town of Los Altos Hills and the County of Santa Clara — Reso # Dauber suggested that before adoption of the next amendment the Town ask that the cost value of services provided by the City of San Jose be included in the cost allocation. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to adopt Resolution #69-98 approving the tenth amendment to agreement to provide local law enforcement agency access to the California Identification System (CAL -ID) between the Town of Los Altos Hills and the County of Santa Clara. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Introduction of Ordinance amending Municipal Code regarding Underground Utility Installations (FIRST READING) August 19, 1998 Regular City Council Meeting ,( MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to introduce ordinance amending Municipal Code regarding Underground Utility Installations. 6.2 Approval of agreement with Carl Mileff and Associates, Inc. for building plan review services— Reso # The Planning Director reported that the Town and Carl Mileff and Associates were still working out some of the details of the agreement and he recommended this item be continued. PASSED BY CONSENSUS: To continue this item to the next meeting 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Council Appointments to Committees, Subcommittees and Outside Agencies PASSED BY CONSENSUS: To continue this item until after the November 3, 1998 Election. 7.2 Technology Improvement Committee Dauber reported that the Technology Improvement Committee would be meeting on a quarterly basis. 7.3 Joint Volunteer Awards Committee MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to appoint Bob Stutz to the Joint Volunteer Awards Committee. 7A Update on the review of campaign ethics violations by the League of Women Voters Carol Watts, President, League of Women Voters of the Los Altos -Mountain View Area, addressed the Council on the issue of the League of Women Voters involvement in a Campaign Monitoring Project for the Town. She reported that their Board had tentatively approved proceeding with the planning of this project subject to the approval of a memorandum of understanding between the two agencies. She also noted that three League members were interested in serving on such a Campaign Monitoring Committee. At this time they felt they needed more direction and information on exactly what duties and responsibilities would be involved. Her understanding was that complaints would be filed with a designated person at Town Hall who would then send three copies of the complaint to the members of the Campaign Monitoring Committee. The Committee would then investigate the complaint and file a written report. The Town would be responsible for publicity and for any expenses involved in this project. It was suggested that the San Jose Mercury and the Town Crier be contacted to see if they would print the League's reports without cost to the Town. Council discussed the role the League of Women Voters would take and what the process should include. It was agreed that the complaints would be filed directly with the League of Women Voters and it was up to them to decide if they wanted to accept anonymous complaints. A press August 19, 1998 Regular City Council Meeting release announcing this Campaign Monitoring Committee, its goals and a contact phone number would be prepared by the League and would be sent to the San Jose Mercury, Town Crier and Palo Alto Daily. It was further agreed that a report on a complaint would only be printed in the paper if it was determined to be a valid complaint by the League of Women Voters. The report on a complaint would include the facts and a statement of compliance or non-compliance with the Towns campaign ethics resolution. This report would be printed in the Town Crier either at the Crier'expense or paid for by the Town. A budget of $2,000 would be approved for this project. It was noted that the League of Women Voters would submit a memorandum of understandinj to the City Attorney for review and this matter would be agendized for the September 2" meeting. 8. STAFF REPORTS 8.1 City Manager 8.1.1 BFI Strike The City Manager reported that the BFI strike was affecting garbage service in the Town in that the Newby Island facility was being picketed and Los Altos Garbage Company management personnel were crossing the picket lines. The Quadalupe facility was an option. The City Manager also commented that bundling may no longer be required at the Foothill College pickups and he would report later if this decision was made. 8.1.2 LaCresta Landslide The City Manager reported that a tentative agreement had been reached with the property owner for repair of this landslide. 8.1.3 Padre Court - Sewer Repair The City Manager noted that an emergency sewer repair was needed at the end of Padre Court. Bids had been received for approximately $9,000 and unless the Council had any concerns or questions, staff would proceed with getting these emergency repairs done. 8.1.4 La Paloma Drainage Project The City Manager reported that this project was moving forward. 8.1.5 Webpage The City Manager reported that he had met with the Council Subcommittee (Johnson and Siegel) on the Town's webpage. Methods were discussed to make the webpage more up to date and efficiently handled. The recommendation was made to have a separate modem at Town Hall for staff to directly handle the webpage at the Town Crier. The City Manager would be making a report on the implementation of this suggestion at a later date. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence August 19, 1998 Regular City Council Meeting `I Casey referred to the letter from Mr. Taylor concerning tree removal on their neighbors' property. The Planning Director reported that staff had met with the Taylors and their neighbors. While there was some dispute about the number and size of trees removed and whether they were heritage oaks, the owners apologized for removing them and agreed to replace them. The brush removal would also be expedited. 9. COUNCIL -INITIATED ITEMS 9.1 Update on the review of campaign ethics violations by the League of Women Voters (Mayor Pro Tem Dauber) This item was moved to Unfinished Business. 9.2 Approval of update of the Los Altos Hills Safety, Schools and Services Manual (insert with the Town Handbook) (Mayor Pro Tem Dauber) Dauber noted that the manual included in the Town Handbook had never been updated. Since it is a handy reference for local phone numbers, etc. she suggested that perhaps the Community Relations Committee could take on this task. PASSED BY CONSENSUS: To request the Community Relations Committee to update the manual insert to the Town Handbook. 9.3 Letter from Quentin Kopp and Byron Sher on aircraft noise (Councilmember Siegel) Siegel referred to the letter received concerning a meeting on September 3' to be hosted by NASA on the subject of pertinent projects in commercial aeronautics and potential noise impact alternatives. Siegel thought it was important that the Town be represented at this meeting and it was agreed a staff member would attend. In addition it was agreed Marjorie Evans and Jim Abraham, residents of the Town who had expressed an interest in this subject, be contacted about this meeting. 9.4 Santa Clara Valley Water District - Reach V Project (Mayor Pro Tem Dauber) Dauber reported that there was a problem with the environmental impact report for the Reach V project but work on the project was proceeding while the environmental impact report was being reviewed. 9.5 Claim Process (Councilmember Siegel) Siegel referred to the claim process in general and stated that he believed staff input was needed on claims before ABAG reviewed them. Since staff was familiar with the Town, its roads, regulations, etc. this seemed the logical course of action. 9.6 Los Altos Parks and Recreation Department (Councilmember Casey) Casey raised the issue again of Town residents being able to get into recreation programs provided by the City of Los Altos. Presently it was almost impossible for residents to get into these popular programs because Los Altos residents were given preference. The City Manager stated that he would contact Los Altos. % v August 19, 1998 Regular City Council Meeting 9.7 Magdalena Path (Councilmember Casey) Casey reported that when Magdalena was paved the path was lost. What was left was very uneven and overgrown with brush. The Public Works Manager stated that he would look into this and report back to Councilmember Casey. 9.8 Notification of residents concerning maintenance projects (Councilmember Casey) Casey referred to the recent issue of a broken sprinkler on private property when the Town's crew was doing pathway maintenance work and the fact that the residents stated they were not notified that such work was planned. Staff responded that a notification policy was in place for major road projects and tree trimming projects. For encroachment issues, the Public Works Manager sent a standard letter to the resident and the Maintenance Supervisor posted a notice on location. For regular pathway maintenance work such notification was not done. 9.9 Logo Trademark (Mayor Johnson) In response to an inquiry from Johnson, the City Attorney noted that the Town could file a certification mark for the Town logo at the Federal or State level or both. The cost estimate was approximately $1,000 for each level. Council agreed that the State level would be sufficient. Johnson commented that he thought it was important to do this to prevent the Town logo from being used on non -Town authorized mailings. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Lands of Meshkovsky, 12335 Stonebrook Court, modification of resolution designating 12335 Stonebrook Court (Morgan Manor) as a Town Historic Landmark, to apply designation to the historic structure on the site rather than to the property. Mr. Meshkovsky, applicant, stated that he concurred with the staff report and was available if Council had any questions. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously to adopt Resolution #70-98 clarifying the designation of Morgan Manor as an historical landmark. 11.2 Modification of Adopted Housing Element of the General Plan and proposed negative declaration The Planning Director reported that the Housing Element approved by the City Council in March of 1998 had been sent to the State for review. The Town had been advised that with a few revisions to the document, the State would certify the Town's Housing Element. The proposed changes made by staff to address these revisions are as follows: 1) Program #11 has been modified to indicate that fee waivers will only be granted for those second units which are designated as available for rent and that the Town would develop a mechanism to monitor rental availability. Also, the program would be expanded to include the possibility of reducing August 19, 1998 Regular City Council Meeting fi processing fees as well as waiving the $1,050 housing fee; and 2) Program #14 would be 4r expanded to suggest that the Town's second unit brochure would not only be available at the counter, but would also initially be mailed to all households in Town to make all residents aware of the potential for building second units. Council thanked staff for all of their work on this element and noted that the certification of the Town's Housing Element was indeed an historical event. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to adopt Resolution #71-98 modifying adopted Housing Element of the General Plan and adopting a negative declaration. 12. CLOSED SESSION: EXISTING LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - Bowker v. Town of Los Altos Hills The City Council adjourned to a Closed Session on existing litigation at 8:30 p.m. and reconvened at 8:45 p.m. 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 8:45 p.m. Respectfully submitted, - Patricia Dowd City Clerk The minutes of the August 19, 1998 City Council Meeting were approved at the September 2, 1998 City Council Meeting. August 19, 1998 Regular City Council Meeting