HomeMy WebLinkAbout08/21/1996ikw Minutes of a Regular Meeting
August 21, 1996
Town of Los Altos Hills
City Council Meeting
Wednesday, August 21,1996,6:00 P.M.
Council Chambers 26379 Fremont Road
1. CALL TO ORDER ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Hubbard called the Regular Meeting of the City Council to order at 6:00
p.m. in the Council Chambers at Town Hall.
Present: Mayor Hubbard and Councilmembers Casey, Dauber,
Johnson and Siegel (Casey arrived at 6:35 p.m.)
Absent: None
Staff: City Manager/City Engineer Jeff Peterson, City Attorney
%W Sandy Sloan, Planning Director Curtis Williams, Public
Works Manager Ed Taylor, Finance Director Carol Ferrell,
Assistant Planner Suzanne Davis and City Clerk Pat Dowd
Press: Clyde Noel, Los Altos Town Crier
Hubbard asked that this meeting be adjourned in memory of Judge Leonard
Edwards and Inger Sagatun Edwards' son who recently died as a result of a
tragic accident. Don Edwards had had a positive, uplifting impact on many
lives and the Council's sympathies were extended to the Edwards family at
this time.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by
Siegel and passed unanimously by all members present to add the following
two items to the agenda as urgency items: 1) Appointments to Joint
Volunteer Awards Committee; and 2) Update on Code Violation at Lands of
Sayar, 25391 O'Keefe.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Proclamation: Library Appreciation Week
kV August 21, 1996
Regular City Council Meeting
Marge Bruno accepted the Proclamation on library Appreciation Week. She
thanked the Council for issuing this proclamation and commented on the
importance and success of the libraries in both Los Altos and Los Altos Hills. They
were now working on the Vision 21 Campaign to support in particular the
technological areas of the library.
2.2 Appointment to the Technology Improvement Committee and
Increase in the Membership of the Technology Improvement
Committee
Carol Johnson, 10955 Magdalena, discussed her background in engineering and
engineering management and her interest in information technology. She was
quite interested in the Technology Improvement Committee and their projects.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and
passed unanimously by all members present to increase the membership of the
Technology Improvement Committee from seven to eight.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously by all members present to appoint Carol Johnson to the
Technology Improvement Committee for a term of two years.
%W 2.3 Appointments to Joint Volunteer Awards Committee
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and
passed unanimously by all members present to appoint Janet Sandis, 26500
Purissima, to the Joint Volunteer Awards Committee for a two year term and to
reappoint Carol Gottlieb, 24290 Summerhill, to the Joint Volunteer Awards
Committee for a one year term.
3. PLANNING COMMISSION REPORT
Planning Commissioner Gottlieb reported that the following applications were
discussed at the July 24, 1996 Commission Meeting: Lands of Spector, 27271 and
27283 Ursula Lane - recommended approval of lot line adjustment; Lands of
Sheen, 24017 Oak Knoll Circle - approved request for a site development permit for
a new residence; Lands of Wen, 12228 Via Arline Road - request for a site
development permit for a new residence continued for redesign; Lands of
Chao/Pang, 25701 Lomita Linda Court - request for a site development permit for a
new residence, pool and spa continued for redesign; and recommended approval of
code amendments regarding site development review process.
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Regular City Council Meeting
#4.
4. CONSENT CALENDAR
Items Removed: 4.2 - 7/16/% warrants (Dauber), 4.11 (Hubbard) and 4.15
(representative from G. Borolotto)
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously by all members present to approve the balance of the Consent
Calendar, specifically:
4.1 Approved Minutes:
4.2 Approved Warrants:
4.3 Rejected Claim:
4.4 Rejected Claim:
July 17,19% (Adjourned Regular Meeting)
July 17, 1996 (Regular Meeting)
$127,998.29 (7/31/96)
Mimi Schwartz
Stephen McReynolds
4.5 Approved addendum to agreement for contract maintenance
services, Collection Systems Maintenance Service (CSMS) -- Reso #61-96
4.6 Accepted grant of Road Right of Way, Lands of Chawla, 24289 Hillview
Road — Reso #62-%
4.7 Accepted grant of pathway easement, Lands of Chan, 12008 Adobe Creek
Lodge Road (Lot 3, Adobe Creek Estates) -- Reso #63-96
4.8 Approved lot line adjustment, Lands of Spector, 27271 and 27283
Ursula Lane
4.9 Edgerton Road Landslide Mitigation Project: Amended Resolution
#31-% to include additional budget authorization and approve change
order — Reso #64-%
4.10 Approved Final Tract Map and Subdivision Improvement
(Maintenance) Agreement and accepted grant of conservation
and open space easement on Lands of Sissu, L.P., Hidden Springs
Estates Subdivision,Tract No. 8721, Lands of Brockway, 25525
Moody Road -- Resolutions #65-96 and #66-96
4.12 Approved request for approval of contract amendment with Wilsey
and Ham to provide engineering services -- Reso #67-96
August 21, 1996
Regular City Council Meeting
4.13 Awarded Certificates of Appreciation to Ann Bjorklund, Joint
Volunteer Awards Committee
4.14 Approved Final Map, Elmberg Subdivision, 26731 Taaffe Road --
Reno #68-96
4.16 Robleda Road Shoulder/Path Reconstruction Project- Approved
request for additional budget authorization — Reso #69-96
Items Removed:
4.2 Approval of Warrants: $148,128.49(7/16/96)
Dauber inquired about the $1,093 warrant for Atlas Heating and Air Conditioning.
She thought this was a new system and questioned this charge for a compressor
change -out. The Public Works Manager explained why this service had been
necessary.
PASSED BY CONSENSUS: To approve the warrants for 7/16/% in the amount of
$148,128.49.
4.11 Request for authorization to purchase loader/backhoe
Hubbard asked if a separate action needed to be taken to sell the presently owned
backhoe? The City Attorney responded that this was included as part of the request
before Council to purchase new equipment.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson
and passed unanimously by all members present to authorize the purchase of a
loader/backhoe.
Mayor Pro Tem Casey arrived. She referred to Consent Calendar Items 4.3. and 4.4
and asked if the residents involved in these claims had been notified. Staff advised
Casey that they had been called and sent agendas.
4.15 Pavement Management and Storm Drain Improvement Project
FY95-96, Town Project 96-6 - Recommendation for Award of
Contract -- Resolutions #
A representative from G. Bortolotto and Company filed a formal complaint against
the low bidder for this project, C. F. Archibald Paving. He raised several questions
~ August 21, 1996
Regular City Council Meeting
�kw about the bid, in particular that they stated they would not be using subcontractors
for the project. They did not believe that C.F. Archibald was in compliance with the
Public Contractors Code.
William Morris, representing C.F. Archibald Paving, stated that his client had been
in the business for 51 years, was very experienced and had submitted a valid bid for
this project.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to adopt Resolution #70-96 awarding a contract to C.F.
Archibald Paving for the construction of the Pavement Management and Storm
Drain Improvement Project FY 95-96 and Resolution #71-96 amending the 1995-96
Capital Budget for the Pavement Management and Storm Drain Improvement
Project FY 95-96.
5. UNFINISHED BUSINESS
5.1 Approval of agreement for emergency animal control and
sheltering services between the Town and the City of Palo Alto --
Reso #
Torin Fischer, Supertintendent of Animal Services in Palo Alto, responded to
inquiries from the Council concerning their contract with the Town. He noted that
'other' animals referred to: rabbits, birds, snakes, goats, horses, etc. He further
explained the services provided by the shelter, charges to the residents for certain
services and options for other services. In response to an inquiry from Dauber as to
whether the Town could contract for only those services which were required by
law, Mr. Fischer commented that they wanted to keep all of their contracts with
cities consistent. The cafeteria type of contract resulted in confusion.
Dauber believed that two-thirds of the services provided by Palo Alto could be
handled by the residents. Siegel suggested extending the contract with Palo Alto for
six months and directing the City Manager to return at that time with options for
providing such services to the residents, i.e. Town Hall to handle licensing of
animals; contracting with an animal hospital for certain services. Casey was
reluctant to piecemeal these services and stated she was satisfied with the level of
service from Palo Alto.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to adopt Resolution #72-96 approving an agreement for
emergency animal control and sheltering services with the City of Palo Alto for a
period of one year and to direct the City Manager to investigate options for animal
services and report back in six months.
%hr August 21, 1996
Regular City Council Meeting
5.2 Parcel Data Base — Approval of Information Fields
The City Manager referred to the staff report which listed 46 fields to be included in
the parcel data base. These included, in part, permits on a property, sewer
connections, recorded restrictions, easements, code violations, development areas,
etc. It was noted that the initial input would be made by planning interns with
additional information added as applications came forward. In addition this project
would be included in next year's budget. Dauber suggested dividing the mailing
address into two fields and the recommendation was made to include underground
utilities. Hubbard commented that he would like to see a demonstration.
PASSED BY CONSENSUS: To direct the City Manager to make regular reports to the
Council on the status of the parcel data base project.
6. NEW BUSINESS
6.1 Approval of request for proposals for an Integrated Financial
Software System -- Reso #
MOTON SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and
passed unanimously to authorize the issuance of a request for proposals for an
Integrated Financial Software System.
6.2 Adoption of policy statement on wireless communications facilities
Heintz Lumpp, representative of Sprint Spectrum, stated that he supported the
proposed policy. He did inquire about the conditional use permit process and was
advised that this required public hearings by both the Planning Commission and
City Council and was not a staff function.
Michael Harlan, representative of Cellular One, also concurred with the policy. He
did question the option of hiring a telecommunications expert noting that timing
was often an issue in these applications and such experts were hard to find. Also
proprietary information was an issue. Mr. Harlan addressed the issue of presenting
a five year plan and suggested changing this to three years. With the constant
changes, five years was too long a period.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and
passed unanimously to amend item 6 of the proposed policy to read: "Applicants
would be required to submit 'antenna master plans' for all facilities to be requested
within a three to five year period, to the best of their current knowlege."
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Regular City Council Meeting
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PASSED BY CONSENSUS: To amend item 7 of the proposed policy to read:
"Conditional use permits would be limited to five-year periods, and applicants
would need to agree to remove such facilities within 90 days after abandonment of a
site. The Town could require a bond to be posted to assure removal."
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to adopt the policy on wireless communications facilities as set
forth in the Planning Director's staff report dated August 21, 1996 and as amended by
Council.
6.3 Update on Code Violation on Lands of Sayar, 25391 O'Keefe Lane
The Planning Director reported that he had inspected the Sayar property with the
Building Official and the Assistant Engineer on August 16th. This date was the
deadline imposed by Council for the correction of the code violations on this
property. The corrections had not been completed. In particular the Sayars were
requesting the ability for plumbing hook up so they could have a washed and dryer
in the garage. In addition a built in oven and range were in the middle of the garage
and a sink remained with associated plumbing. The sheet metal addition had been
removed from the rear of the structure, as had the toilet and the shower, which
were lying on the ground to the side.
William Pagano, attorney for the Sayars, stated that the abatement of the residential
use of the garage had been completed and the covenant was being reviewed. His
client was simply requesting plumbing for a washer and dryer. Mr. Pagano asked if
they had to remove all the plumbing before coming in for a permit or could they
just leave it as it was and then get the permit.
Council noted that this was a non -conforming structure. If the Sayars wanted
plumbing then the structure should go back to a carport which was the structure
approved in the first place. Dauber commented that this garage had not been
remodeled in the spirit of the law. It was really a funky secondary dwelling with a
sliding glass door and a side door in addition to the garage door.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber
and passed unanimously to grant the Sayars a two week extension to correct all code
violations at 25391 O'Keefe. If the corrections are not made by 5:00 p.m. on
Wednesday, September 4, 1996 the City Attorney was directed to file a Notice of
Violation and to proceed with legal actions to correct these violations.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
August 21, 1996
Regular City Council Meeting
8. STAFF REPORTS
8.1 City Manager
8.1.1 Heritage House
The City Manager reported that the Heritage House had been rewired so that it
would available for emergency services, i.e. ham radio operations.
8.1.2 Page Mill Road Landslide Repair Project
The City Manager reported that this project had been advertised and award of
contract would be made at the next Council Meeting.
8.1.3 Solid Waste Subcommittee
The City Manager noted that a meeting of the Solid Waste Subcommittee was
scheduled for Tuesday, August 27th and the public hearing on rates was
scheduled for September 4th.
8.1.4 Computers
�r The City Manager addressed the issue of disposing of the old computers at
Town Hall. Council recommended contacting the Community Services
Agency to see if they might be interested in receiving them.
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
It was agreed the Mayor would send a letter to Mark Jensen thanking him
for his letter on solid waste issues. Also it was agreed the Mayor
would send a letter to Sun Country Cable concerning issues
raised by Lana Einschlag.
8.3.2 Report on November 5, 19% General Municipal Election
The City Clerk reported that there were four candidates for three Council seats at the
November 5, 1996 General Municipal Election. The candidates were (in the order in
which they will appear on the ballot): Bob Johnson, Bill Siegel, Elayne Dauber and
Shelley Doran.
August 21, 1996
Regular City Council Meeting
9. COUNCIL -INITIATED ITEMS
9.1 Request for Town to participate in Adopt A Stop Program
(Councilmember Siegel)
Siegel recommended that the Council authorize the City Manager to enter into an
agreement with the Santa Clara Valley Transportation Authority to maintain the
three bus stops in Los Altos Hills along El Monte.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and
passed unanimously to participate in the Adopt A Stop Program.
9.2 Request for designation of heritage trees at the corner of Moody and
Elena (Stutz property) and on the Foothill Campus (near the new fire
station) (Councilmember Siegel)
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and
passed unanimously to proceed with the designation of the heritage tree on the
Foothill Campus by taking the initial step of contacting the School District and to
contact the owners of the property at Moody and Elena regarding the tree on their
property.
`tr Dauber noted that she knew someone who would be willing to take pictures of the
heritage trees in Town for historical records if the Town would pay for the
processing. Council agreed this was an excellent suggestion and concurred.
9.3 Fire Services (Councilmember Siegel)
Siegel noted that the Fire Commission had recommended that negotiations be
conducted with Central Fire for fire services. The Los Altos City Council had
continued their discussion of this issue to their second meeting in September
pending receipt of additional information. Siegel also noted that the Fire
Commission had adopted a brush abatement ordinance. Dauber recommended that
the concept be explored of fighting fires without requiring fourteen foot driveways.
Clyde Noel, 24160 Dawnridge, commented that 63% of emergency calls were medical
and Central Fire was best equipped to respond to such emergencies.
9.4 La Paloma Meeting (Councilmember Dauber)
Dauber reported that she was meeting with the La Paloma neighbors next week to
continue their discussion about drainage issues.
9.5 Yardwaste Site (Councilmember Dauber)
August 21, 1996
Regular City Council Meeting
Dauber reported that she had seen a truckload of sod/dirt being dumped at the
yardwaste site. This was definitely not an appropriate use for the yardwaste site.
10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
11.1 Request for a three lot subdivision of 4.5 acres, proposed negative
declaration and cancellation of the Williamson Act, Lands of Rogez,
13901 W. Edith Road
Abbie Ahrens, representing Mr. and Mrs. Rogez, presented an overview of this
project They concurred with the proposed conditions but she did ask that the fees
be waived as they were giving the Town a large amount of open space. Ms. Ahrens
referred to past litigation on this property and to the various agencies involved in
the project. She noted that her clients were not involved in any litigation and were
also not responsible for improvements outside of their control.
Bill Kull, applicants' engineer, commented that they had met on site with the
Planning Commission and had addressed which improvements were being done by
which agency. Some were being done by the Town, some by Santa Clara Valley
Water District and some by them. Mr. Kull noted that they concurred with most of
�► the conditions but did have a few comments. He suggested that condition #18 be
deleted as this permit would be obtained by the Town's consultant, Wilsey and
Ham. He also suggested that the ninety day timeframe referred to in condition #15
be changed to thirty days after approval by the Santa Clara Valley Water District. In
response to an inquiry from Council, he stated that the storm drain would be
designed to save the oaks.
Scott Wilson, Santa Clara Valley Water District, stated that the redwoods on the
edge of the property would be protected. They were preparing the draft
Environmental Impact Report which should be released next month. There would
be two public hearings - one on the draft environmental impact report and one on
the final report.
PASSED BY CONSENSUS: To move the following statement from condition #13 to
condition #12: "The grant document shall include provisions that the Town prefers
to have natural materials (including the proposed gabions), used for the creek
channel improvements, and that a concrete lined or box channel is not desirable to
the Town. Limited development such as pools, patios, decking or landscape
improvements may be allowed within the strom drain easement, outside the area
covered by the conservation easement, subject to approval of the Town and the
Santa Clara Valley Water District."
August 21, 1996
Regular City Council Meeting
[RI]
PASSED BY CONSENSUS: To amend Condition #15 to read: "A 20 foot wide storm
rain easement shall be granted to the Town of Los Altos Hills over the storm drain
facility to be constructed by the Town at the expense of the subdivider. The
easement shall be granted to the Town by separate instrument thirty days after
approval by the Santa Clara Valley Water District of the Rogez project. The
applicant shall be required to prepare the legal description and plat map for the grant
of the easement to the satisfaction of the City Engineer."
PASSED BY CONSENSUS: To delete the following condition: "The applicant shall
be required to apply for and receive a permit from the Santa Clara Valley Water
District for the storm drain outfall prior to commencement of construction of the
subdivison improvements. This shall be accomplished to the satisfaction of the City
Engineer.", as the Town will be constructing the outfall, not the applicant.
PASSED BY CONSENSUS: To delete the following condition: "Payment of Park and
Recreation fees, Pathway or Roadway fees, and all other applicable fees shall be
required prior to recordation of the Final Map.", since the fees would not be
necessary due to dedication of conservation easements, pathway easements and road
right of ways.
MOT1ON SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to adopt the mitigated negative declaration; approve the
%W mitigation monitoring program; approve the cancellation of the Williamson Act;
and approve the tentative map for a three lot subdivision, subject to the conditions
of approval recommended by the Planning Commission and amended by Council
for Lands of Rogez, 13901 W. Edith Road.
11.2 Annexation of Quarry Hills Area; Lands of Vidovich, Merrill, et al;
Stonebrook Drive/La Loma Drive -- Reso #_
The Planning Director provided additional information to the Council on the report
that a number of mature oak trees had been cut down on the Lands of Merrill at
25355 La Loma Drive. This report had been verified by the Town. The Planning
Director offered two options to the Council regarding this annexation issue. First,
they could proceed with the annexation including the Merrill property or they could
delete the Merrill property from the proposed area to be annexed. This deletion
would result in a delay of only a few weeks and would not affect the processing of
Mr. Vidovich's house plans or final subdivision map and improvements. The
Planning Director further noted that presently the Merrill property was in the
County and could not be subdivided under their regulations. They could, however,
add development such as tennis courts, etc. The Planning Director apologized to the
neighbors for not advising them of this annexation. While the notice had been
published and it was not required to be mailed to the neighbors, this annexation had
been discussed before and was of great concern to the neighbors.
August 21, 1996
Regular City Council Meeting
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�- The following residents spoke against the annexation of the Merrill property:
Richard Aurelio, 25320 La Loma Drive; Austin Vanchieri, 25333 La Loma Drive;
David Mahler, 25285 La Loma Drive; Mr. and Mrs. Alan Dale, 25274 La Loma Drive;
Kins Collins, 25400 La Loma Drive; Mr. Dajarsky, 25325 La Loma Drive; and David
Stewart, 25346 La Loma Drive. Letters against the annexation were also submitted
by: Lavinia Cooke, 25362 La Loma Drive; Robert Jones and Megan More, 25005 La
Loma Drive; and Jean and Charles McCandless, 25947 La Loma Drive. These
residents expressed shock at the removal of the oaks and questioned this happening
just prior to the annexation hearing. They strongly objected to the annexation of
this property, citing concerns about traffic and property values. They noted that Mr.
Merrill knew when he purchased the property in the County it could not be
subdivided and the property had been on the market for some time. They had no
doubt that as soon as it was annexed to the Town, the subdivision process would
begin.
Shelley Doran, 24920 La Loma Court, highly recommended that neighbors be
notified when such applications were scheduled to be heard by the Council.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to delete the Merrill property at 25355 La Loma Drive from the
annexation application to the Town; to approve the remainder of the quarry hills
4 area for annexation; and to reagendize this item for approval of the final paperwork
�W on the annexation.
The City Council adjourned the regular meeting of the City Council to a Closed
Session at 10:35 p.m.
12. CLOSED SESSION:
A PENDING LITIGATION: PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a)
Two Cases: Searfoss v. Los Altos Hills
Lopez v. Los Altos Hills
B. POTENTIAL LITIGATION: PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(c)
One Case: Los Altos Hills v. Shriver
August 21, 1996
Regular City Council Meeting
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13. ADiouRNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:00 p.m. in memory of Don Edwards.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the August 21, 1996 City Council Meeting were approved at
the September 4, 1996 Regular City Council Meeting.
August 21, 1996
Regular City Council Meeting
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