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HomeMy WebLinkAbout02/03/1993 (2)Minutes of a Regular Meeting �w February 3, 1993 Town of Los Altos Hills City Council Meeting Wednesday, February 3, 1993, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Barbara Tryon called the Regular Meeting of the City Council to order at 6:10 p.m. in the Council Chambers at Town Hall. Present: Mayor Tryon and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager Les Jones, II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson, Town Planner Linda Niles and Acting City Clerk Karen Jost Press: Bill Kisliuk, Los Altos Town Crier Mayor Tryon asked that the meeting be adjourned in memory of Oscar Buneman, a longtime resident of the Town, who passed away on January 31st. Mr. Buneman was well known for his many contributions of time and self to our Community. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Los Altos Library Commission MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to appoint Jack G. Weissman to the Los Altos Library Commission for a term of four years. 3. PLANNING COMMISSION REPORT Planning Commissioner Rick Ellinger reported on the January 27th meeting of the Planning Commission. He noted that the item on the Council's February 3, 1993 Regular City Council Meeting Consent Calendar, Lands of Hifai, had been redesigned to address several concerns that had surfaced during its initial hearing with the Commission. The item passed by a 5-1 vote. Commissioner Ellinger noted that the Housing Element was also discussed and the Commission has completed approximately 80% of the review. Presently, they are addressing the accommodation to low income housing in relationship to the Town's General Plan and it's one acre minimum. Several options are being investigated. 4. CONSENT CALENDAR Items Removed: Item 4.1 - January 6, 1993 Regular Meeting Minutes (Dauber), January 20, 1993 Regular Meeting Minutes (Hubbard) and 4.2 (Tryon) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: January 20, 1993 (Adjourned Meeting) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on January 27, 1993: 4.3a Lands of Hifai, 26856 Almaden Court: approved request for a Site Development permit for a new residence and pool 4.4 Certificate of Appreciation: Judy Duque -Los Altos Library Commission 4.5 Approval of revised criteria for nomination and selection of awardees -- Joint Volunteer Awards Committee 4.6 Approval of letter to residents from the Pathways, Recreation and Parks Committee concerning the driveway roughening project for pathway crossings 4.7 Request from Westwind Barn for approval to display a sign at the Barn February 3, 1993 Regular City Council Meeting Items Removed: 4.1 Approval of Minutes: January 6, 1993 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously to approve the minutes of the January 6, 1993 Regular Meeting with the following corrections: page 5, item 9.1.1, second sentence should read:" and unless Caltrans heard from the Town in writing, we had a continued interest in the property." page 7, item 10.5 should read:"...a Eucalyptus branch remained near Country Way which needed to be removed." 4.1 Approval of Minutes: January 20, 1993 Regular Meeting Hubbard noted that on page 5 the second motion should read "... subject to the conditions of approval as recommended by the Planning Commission and the City Council." In addition Dauber requested clarification on item 7.2, last sentence, first paragraph. PASSED BY CONSENSUS: To continue the January 20, 1993 minutes to the next Council Meeting to allow the Acting City Clerk the opportunity to review the meeting tape. �w 4.2 Approval of Warrants: $156,926.62(1/25/93) Tryon requested information from the City Manager regarding the contract for financial services with Janice Bohman. The City Manager noted that he would review the contract and bring the information to the Council at the mid -year budget meeting. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and carried unanimously to approve the warrants: $156,926.62 (1/25/93). 5. UNFINISHED BUSINESS 5.1 Consideration of whether to set a public hearing to designate the Griffin House as a Town landmark under Ordinance #257 Tryon updated the Council on her discussions with members of the Foothill College Board of Trustees regarding the Griffin House. She noted that there appeared to be interest among the new Board members in preservation of this site. Councilmembers have visited the site and reported that the house is in a February 3, 1993 Regular City Council Meeting deteriorating state. Tryon commented that although the Griffin House has been designated a National Trust property, a State Landmark and a County Landmark - research has shown that the Town has failed to comply with its public hearing requirements under Ordinance #257 to designate the property as a Town Landmark. The City Attorney gave a brief explanation of the government code and its implications regarding local agencies and the jurisdiction of the Town's ordinances and zoning codes in which they reside. She concluded that the Town's ordinances --zoning, building or historical landmark designation would apply to Foothill College. Hubbard commented that Foothill College should be given adequate time to deliberate and study the issues themselves. Tryon noted that a letter would be drafted to the Trustees with the assistance of the City Attorney and the City Manager extending an invitation to them to participate in the public hearing process. She also noted that prior to the hearing, research would be undertaken regarding the implications of the present designations of the Griffin House as Federal and State Landmarks. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to place on the March 17, 1993 City Council Regular Meeting agenda a public hearing to consider designation of the Griffin House as a Town Landmark under Ordinance #257. Rosemary Meyerott, Town Historian, commented that she was surprised to discover that our Town Landmarks had been designated without following the correct procedures under Ordinance #257. She explained that declaration of the sites as historical landmarks was a part of the Bicentennial celebration. Ms. Fava, former Town Historian, remembered coming to the Council but there is no record of the public hearings in Town records. Mayor Tryon noted that by holding public hearings we would be completing an important part of the process and bringing to resolution the question of these sites as Town Landmarks. Linda Swan, President of the Historical Society, directed a question to the City Attorney regarding the policy of maintenance of designated Landmarks. Ms. Swan hoped to have this information available at the Public Hearing. February 3, 1993 Regular City Council Meeting 6. NEW BUSINESS 6.1 Consideration of whether to set a public hearing to designate the Ford Country Day School as a Town Landmark under ordinance #257 Siegel asked the City Attorney for clarification of the contract that was being requested by the applicant. She commented that there are provisions in the government tax codes that allow a property owner to enter into a contract establishing a site as an historical landmark for a minimum of ten years in exchange for reduced property taxes. The codes also establish certain requirements, similar to Ordinance #257, regarding maintenance and alteration. The contract is required because it is a recorded document and it alerts the County to an official record. The Town can request the property be opened to the Public with mutual agreement. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to agendize on the February 17, 1993 City Council Regular Meeting a public hearing to consider designation of the Morgan Manor as a Town Landmark under Ordinance #257. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES. AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Community Relations Committee: Semi -Annual Report; Request for budget approval for S'bring in the Hills Event; and Request for approval of name change for the Town Newsletter The Council had before them the Committee Report dated January 28, 1993. Roger Burnell, Chair - Community Relations Committee, called to their attention several items on the report including Newsletter name change and sample articles, Town Handbook status, Volunteer's Orientation Meeting, Inter -Committee Conference, S'Bring in the Hills and the Annual Pathways Day. Subsequent to Council discussion, the following was recommended to the Chair: the Committee focus on the Los Altos Hills Town Handbook and return to the February 17th meeting with a reader's draft; the Newsletter mailing date be moved to April and the name change be tabled for more review; S'Bring in the Hills be located in Los Altos Hills and the event price be kept as low as possible and the Volunteer Orientation Meeting be scheduled after the new Committee Roster is completed -sometime in March. February 3,1993 Regular City Council Meeting 7.2 Quarry Sub -Committee Siegel noted that he had recently visited the site and that water from the recent rain appears to be flowing through the diversion pipes. The hearing before the Board of Supervisors is tentatively scheduled for March. 7.3 Residential Guidelines Handbook Sub -Committee Johnson noted that the sub -committee is making excellent progress. A Public Hearing on the Residential Guidelines Handbook has been scheduled for March 4, 1993. 8. STAFF REPORTS 8.1 City Manager Reported that interviews for the maintenance position have been completed and an offer would be tendered in the next few days. 8.2 City Attorney 8.2.1 Discussion of Jurisdiction over Foothill College The City Attorney noted that Ordinance #257, which has been codified in our Municipal Code, has some language problems in Section 11-1.09. Following discussion, it was agreed that the City Attorney would draft an Urgency Ordinance to correct this and schedule it for the February 17, 1993 City Council Meeting agenda. The City Attorney further reported that the Town Planner had recently received several telephone calls from residents alerting her to the construction of a white cellular antenna at Foothill College. Following investigation, it was determined that Foothill College had not applied to the Town for the necessary Planning and Building permits. It was also determined that they had not performed an Environmental Impact Report or Negative Declaration. Council discussion ensued MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to direct Staff, with the assistance of the City Attorney , to write a letter to Foothill College informing them that their recent construction of an antenna tower is not in conformance with the Town's Ordinances and they need to apply for all necessary permits. kw February 3, 1993 Regular City Council Meeting 4 AYES: Mayor Tryon and Councilmembers Johnson and Dauber NOES: Councilmember Hubbard and Siegel ABSENT: None ABSTAIN: None 8.3 City Clerk 8.3.1 Report on the Council Correspondence 9. COUNCIL - INITIATED ITEMS 9.1 Membership in the California Association of Library Commissioners and attendance at the Annual Workshop - Request for appropriation of up to $38 for dues and workshop fee (Councilmember Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and approved unanimously to approve the request for appropriation by Councilmember Dauber of up to $38 for dues for the California Association of Library Commissioners and attendance at the Annual Workshop. 9.2 Scheduling of City Council Meetings -February and March (Mayor Tryon) Following discussion, it was determined that all Regular Council Meetings would be scheduled for February and March. PASSED BY CONSENSUS: To schedule the Adjourned Regular Meeting of the City Council -Mid Year Budget Study Session for February 17, 1993 at 4:30 p.m. 9.3 Newsletter Articles (Councilmember Dauber) 9.4 Emergency Preparedness Update (Mayor Tryon) Mayor Tryon noted that Adela Di Canio, a Dori Lane resident, as part of the Emergency Preparedness program had attended a "Search and Rescue" class and had brought forth the class materials to be shared with the Town. The packet was given to the City Manager for review. February 3, 1993 Regular City Council Meeting 9.5 Council Assignments to Outside Agencies (Mayor Tryon) Due to a scheduling conflict, Johnson noted that he was unable to act as the Council's representative to the League of California Cities - Peninsula Division. Siegel will replace him in this assignment. It was also noted that the Citizen's Advisory Committees to the Palo Alto and Los Altos School Districts had been omitted from the Assignment Roster and directed the Acting City Clerk to make the necessary corrections. 9.6 Christophers Lane (Mayor Tryon) Tryon requested staff to review the status of a letter she had received from a concerned resident on Christophers Lane regarding a site development issue. Staff was also directed to review the traffic issues on Christophers Lane. 9.7 Audit Status (Mayor Tryon) The City Manager reported that another draft of the audit has been requested from Maze and Associates. Tryon requested the City Manager contact former City Manager George Scarborough for background regarding Town property appraisals. 10. PRESENTATIONS FROM THE FLOOR Jean Struthers, member -Environmental Design and Protection Committee reported to the Council that at their last meeting the Committee had discussed the idea of a "dry garden' contest. This concept originated in Mountain View. Both Purissima Hills Water District and California Water Service have been contacted for input and voiced interest in sponsorship and assistance with prizes. Struthers noted that they were willing to put informational flyers in their billings as a form of advertisement for the contest. Contest criteria has not been finalized. Council directed Struthers to further discuss the plan with her Committee at their next meeting and assured her she would be accommodated with space in the newsletter for the contest. Erich M. Schroeder, 28224 Christophers Lane, wished to call to the attention of Council his dilemma with the traffic at the intersection of Page Mill Road and Christophers Lane. His concerns are both for safe access and the ability of emergency vehicles to respond to Christophers Lane. He noted that on this particular evening, it was ten minutes before he had access on to Page Mill. The Mayor commented that she is concerned with the situation and the frustration of the residents. She noted that she had with her a letter from the February 3,1993 Regular City Council Meeting Public Works Director to the residents regarding this issue and hoped to be addressing the problem later in the meeting. 11. PUBLIC HEARINGS 11.1 Solid Waste Issues including amending rates for all garbage services --Memorandum of Understanding Tryon noted that the Memorandum of Understanding would not be considered for approval at tonight's meeting at the request of the City Manager - it would, however, be under discussion for comments and amendments. Council reviewed a staff memo from the City Manager dated February 2, 1993 regarding clarification and correction to proposed MOU for solid waste. Jones gave an overview of the franchise agreement the Town has had with Los Altos Garbage since 1977. The original agreement has been amended seven times and under the direction of Council a new agreement has been drafted. Many new issues have been addressed, including the Town's obligations under AB 939, operation costs of landfills, the City of San Jose's business license tax increase and the effects these issues have had of raising substantially the costs of disposal and operation. Jones further noted that there have been no increases in the basic rates returned to LAGCO since 1986 and that the new programs that have been developed in the past few years have been more costly than their original projection. The new rates before the Council tonight for consideration were developed by the Council subcommittee after numerous meetings, including deliberation with Jon Angin, General Manager of LAGCO. In addition to consideration of the new rates, the subcommittee also recommended directing staff to work with LAGCO to resolve outstanding issues from the original franchise agreement and return to Council with a final document and to direct the City Attorney to update the Town's Solid Waste Ordinances in the Municipal Code to comply with current State law. The Memorandum of Understanding will be brought back to the Council for consideration at a subsequent meeting. Councilmember Johnson noted that the new rates include mandatory service and added that this aspect of the plan would be necessary to ensure the success of the program. He however expressed concern for those residents who presently have received waivers from garbage service for a variety of reasons and the impact this requirement would have on them and would propose later to " Grandfather " an exemption to these people but that no new waivers be granted in the future. February 3, 1993 Regular City Council Meeting E Councilmember Hubbard noted some of the items which are shared by the `• garbage rates and are justification for mandatory garbage service These included the annual fee charged by the State for toxic waste, Town quarterly clean up days, and ongoing costs for illegal dumping of refuse in the Town. All of these charges should be shared equally by residents. Presently, our recycling charges are mandatory and the new policy for rates would help to spread the Town -wide fixed costs equally. Councilmember Siegel requested further input from Jon Angin regarding the management of mandatory garbage service. Angin explained that the program would be implemented similar to the one established in Cupertino. Parcel maps would be compared to LAGCO records. This enables them to find the inhabited properties. Bills for service are sent to these properties, with follow up for nonpayment. Eventually delinquent bills are sent to collection agencies and as a final step - liens are placed on the property. He noted that Los Altos, Palo Alto, Mountain View and Cupertino are all moving towards mandatory service. He further noted that a provision is being investigated to allow exemptions to each household for interruption of service. Dauber requested clarification from Angin on yard waste charges. Under the former agreement the Town was billed only for loads beyond the anticipated number. Angin explained that all yard waste loads are included in these rates and that the Town receives a rebate of $34/ton on these charges. Hubbard explained for clarification that the proposed rate structure was incremental in nature. As you increase your number of cans the fees are adjusted at the same proportion. Angin noted that the rates as proposed reflect true or actual costs per can versus inverted rates which would charge more for the more cans used for service. The person with a two can service would pay twice as much as the one can rate. The inverted method of charging can be used as an incentive to recycle with those with more cans subsidizing the low volume user. However, some feel this penalizes those with large families. Tryon noted that under the present proposal for mandatory service, there were no provisions for those residents who recycle extensively and need less than one can. PUBLIC HEARING WAS OPENED Erich M. Schroeder, 28224 Christophers Lane, commented that because of his recycling efforts, he only uses 1/2 can of garbage per pickup. Because he is charged for the full can, he tends to fill it with yard debris which is counter February 3, 1993 Regular City Council Meeting 10 productive to our attempts to reduce the amount of waste going to landfills. obw He would like to see cardboard recycling included in our program. Jean Struthers, 13690 Robleda Road, questioned why other forms of recyclables were not being included in the agreement. She requested clarification of the new yard waste rates and commented that a volume rate charge would be preferable. Stephanie Munoz, 13460 Robleda, commented that she would like the costs for our garbage service better explained. She also noted that she was uncomfortable with the process for notifying residents about the proposed rate increase and felt the press was an inadequate method of notification. She also stated that she preferred inverted rates with the first can costing less. Letter read into the record by Mayor Tryon from Keith and Luella McFarland, dated February 3, 1993, stating that they objected to paying for services that they will not use. Ruth Buneman, member - Environmental Design and Protection Committee, commented that she has been recycling for over 20 years and has not had any garbage service during this time. She pays the mandatory recycling fee and would like to see Los Altos Garbage pick up all recyclable materials. She further noted that the yard waste center program is a wonderful service. Bill Holing, 26045 Torello Lane, commented that he is skeptical of the huge rate increase and where the money actually goes. He noted that he has not heard an adequate explanation of why the rates are being changed. He also would prefer to have the yard waste center remain free. Ruth McMahon, 13531 Burke Road, commented that she has been a Los Altos Hills resident for the past 53 years and has worked diligently to keep the Town clean. She regularly sweeps her street. She noted that she did not want to loose the use of the yard waste center and felt that automatic billing could prove to be problematic for her. Scott Overstreet, 23200 Encinal Court, commented that he was exempt from garbage service because of the geographic difficulty of picking up his trash. He noted that he composts and participates in the quarterly Town clean up days. He understands the problem of increased costs but would prefer a flat rate for no can service and an increase in charge for the number of cans a resident uses. Ray Fenn, 13428 Carillo Lane, commented that he is in favor of mandatory charges. He feels that all residents have a responsibility and this rate schedule February 3, 1993 Regular City Council Meeting I1 f spreads the costs fairly. He feels it is important to leave the yard waste center Ir open and available to residents during January and February. 6 Thomas Puorro, 26296 West Fremont Road, commented that he was concerned about the percentage of increase. He questioned whether the contract was cost plus fixed fee or cost plus percentage of cost. He feels that the latter is not a good form of agreement and could be more costly. Phil Dauber, member - Finance Committee, commented that there was nothing in the package which gave a financial analysis of the fees or reflected the projected revenues to be obtained from the fees. Additional concerns included: debris box fees had been set too low and were significantly lower than surrounding communities - he recommended that they be increased by 20% and the per can rate be decreased by 7%; monthly billing was not necessary and cost roughly $1.50; the contract (MOU) calls for LAGCO to forecast tonnage on debris boxes relative to construction -this is extremely difficult and will eventually cost the Town - he would prefer to see actual costs paid for; item 8 (e) in the MOU calls for profit in recycling - he would like this item better defined; the contract calls for the rate increase to be retroactive - what is the legality of this; if 1 can is not mandatory then Town expenses such as corporate yard waste should be charged to the bill received by all residents; he feels the method that has been chosen to collect yard waste fees will drive up administrative charges, and lastly, he is against adding additional items to recycling pickup unless there is a market for those materials. Dauber thanked the City Manager for the February 2 memo on the MOU which addressed some of the concerns he had just presented. Johnson read into the record a letter from Bernice Spear, Seven Acres Lane against the rate increase and stating her concerns about residents on a fixed income. PUBLIC HEARING WAS CLOSED John Angin, General Manager of Los Altos Garbage Company, expressed his concerns over an additional increase in the proposed fees for debris boxes. He felt it could jeopardize the present level of business they receive from this item which is already very volatile and seasonal. He noted that higher rates could also lead to enforcement problems that would require additional Town staff time. As a business decision he would not be willing to increase the rates by 51% but would be willing to consider a 23% increase. Mr. Dauber pointed out certain problems with the spreadsheet that had been included in the staff report for this item and requested that this accounting 12 February 3, 1993 Regular City Council Meeting procedure be corrected. He felt that the charges should be spread more evenly far and be added to debris box proportionally. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to go past the 10:30 p.m. hour of adjournment. General Council discussion ensued regarding solid waste issues including the following: mandatory garbage service with an entry level or nominal charge for the service; recycling charges at the yard waste center according to volume (by cubic yards); franchise fee reduction; possibility of additional services, debris box rates, lifeline rate for low income families, and billing and collection procedures. PASSED BY CONSENSUS: To return to the sub -committee for further review the following items: Yard Waste Recycling Center charges (the majority of Council opposed a gate fee); debris box rates; mandatory rates with a nominal charge - this would exclude "grandfathering" of waivers (favored by the majority of Council); the operating schedule for the Yard Waste Center --to be open 12 months but on a reduced weekly schedule; billing on a monthly vs. quarterly schedule; collection of delinquent bills; reduction of the franchise fee and a more comprehensive recycling program. Following review, this item would be agendized for the February 17, 1993 Regular Council Meeting. Mayor Tryon expressed her appreciation to the public for their participation in tonight's hearing and invited them to send to the sub -committee in written form any additional comments. 12. CLOSED SESSION: PENDING LITIGATION 12.1 City of Cupertino et al v. the City of San Jose et al: Government Code Section 54956.9 (a) 12.2 Decision whether to initiate litigation: Government Code Section 54956.9 (c) The City Council adjourned to a Closed Session for purposes of pending litigation at 12:05 and reconvened at 12:15. February 3, 1993 Regular City Council Meeting 13 �W L II 13. ADTOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:15 a.m. in memory of Oscar Buneman. Respectfully submitted, ]Garen Jost Acting City Clerk The minutes of the February 3, 1993 City Council Meeting were approved at the February 17, 1993 City Council meeting 14 February 3, 1993 Regular City Council Meeting