HomeMy WebLinkAbout02/21/1990 Minutes of a Regular Meeting
Town of Los Altos Hills
City Council Meeting
Wednesday, February 21, 1990, 7:15 P.M.
Council Chambers, 26379 Fremont Road
cc: Reel 209, Tr. I, Side I, 001-end; Tr. I, Side II, 001440
Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the
Council Chambers at Town Hall.
1. CALL TO ORDER,ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Mayor Casey and Councilmembers Johnson, Siegel,Tryon and
van Tamelen
kir Absent: None
Staff: City Manager Thomas Frutchey; City Attorney Frank Gillio;
Director of Public Works Bill Ekern; Planning Director Ann Jamison; and
City Clerk Pat Dowd
Press: Don Brignolo, San Jose Mercury; Mary Fortney, Peninsula Times Tribune
Mayor Casey welcomed the members of the Senior Class from Pinewood School who
were in attendance. In addition to Mr. L. Victor Riches, Professors Marilyn Messina and
Mark Gardner were also present from Pinewood.
Mayor Casey also acknowledged that Frank Gillio, the City Attorney was retiring and
this would be his last Council Meeting. He had served the Town as city Attorney for
seventeen years. All Councilmembers thanked Mr. Gillio for his years of service. He
had given advice to many Councilmembers and had held the Town together for years.
The Town had been extremely fortunate to have had him as their City Attorney and it
was like losing an old friend. Council wished Mr. Gillio well in his future endeavors.
Mayor Casey referred to Agenda Item 11.6 on the Lands of Lambert and noted that a
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letter had just been received from Mr. Antonoli asking for continuance of this item.
Tryon stated that she had requested this matter be placed on the agenda only to ask a
few questions of staff and she saw no reason to remove it from the agenda. Casey
mentioned the possibility of a conflict of interest with this item for Councilmember
Tryon. Tryon reported that she never voted on any issue involving Mr. Lambert while
her lawsuit was under discussion. It was now settled and she did not believe there was
a conflict of interest.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously not to continue agenda item 11.6.
2. APPOINTMENTS AND PRESENTATIONS
3. REPORT FROM THE PLANNING COMMISSION
Commissioner Emling reported that at their 2/14/90 meeting the Planning
Commission had approved a conditional use permit for the location of a cable
television headend on Town-owned property on Purissima Road in the vicinity of
Viscaino Road. The Commission had also held a public hearing on the Lands of
Quarry Hills. Several issues were discussed and the hearing was continued to the
2/28/90 meeting. It was noted that Town Geologist William Cotton would be present at
the 2/28/90 meeting.
4. CONSENT CALENDAR
Items Removed: 4.1 - 12/20/89 minutes (Tryon) and 4.3.1 (Tryon)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approval of Minutes: February 7, 1990 (Adjourned Regular Meeting)
February 7, 1990 (Regular Meeting)
February 14, 1990 (Special Meeting)
February 15, 1990 (Special Meeting)
4.2 Proclamation Designating March 1990 as National Women's History Month
February 21, 1990
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4.4. Setting a Public Hearing for March 7, 1990 to Consider Recyding
410,
Items Removed:
4.1. Approval of Minutes - 12/20/89
Tryon noted that she had just received these minutes and asked that this item be
deferred to later in the meeting to allow an opportunity for review. Council concurred
with this request.
4.3. Actions of the Planning Commission: approved the following:
4.3.1 Sun Country Cable: Conditional Use Permit for the Location of a Cable
Television Head-End on Town-owned property on Purissima Road in
the vicinity of Viscaino Road.
Tryon requested a report on this item. The City Manager explained what had actually
been approved by the Planning Commission - a conditional use permit for the location
of a head-end on a certain piece of Town property. This matter would now go to Site
Development where all issues would be addressed (safety, Little League concerns, etc.).
If all the concerns were not resolved, the permit would not be granted.
van Tamelen commented that she thought the issue should have been discussed by the
Pathways, Recreation and Parks Committee. Tryon asked if the conditional use permit
could be conditioned to assure compliance and Casey inquired why the Westwind Barn
location was not brought to the Commission for consideration.
Lyn Simpson, Sun Country Cable, reported that they had spoken to a lot of people
during the past week and believed the issue could be resolved. In their opinion the
maintenance yard site was the perfect location because it already had commercial uses.
Regarding Westwind, they had considered it but it was zoned open space. The original
site on Page Mill had not worked out in part because it was next to open space. To date
they had spent $400,000 and had no customers. Adjacent systems could not work in the
Town without a headend in the Town. A decision had to be made. Sun Country Cable
could not continue to put money into the project with no results. If they did get
approval for a headend, the Town could be cabled by spring.
Mrs. Betsy Bertram, 11854 Page Mill Road, was not in favor of a headend in Byrne
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Preserve but agreed with the Westwind location. She also inquired if the Town could
waive any additional site development fees for Sun Country. In other words charge
once for consideration of all of the potential options should it happen that more than
one option was reviewed by the Site Development Committee.
Mrs. Betsy Leight, member - Los Altos Hills Little League Board, stated her belief that
with cooperation of all of the parties the process could take its course. She further
noted her understanding that if the concerns of the Little League were not resolved
with Sun Country the proces would start all over.
Mr. Art Micheletti, 25380 Becky Lane, commented that the issue of cable tv had been
going on for five years and he did not understand why the Town could not move
forward. He further commented that if there was no progress, Sun Country should just
drop the entire project.
Mr. Rob Hamilton, 26480 St. Francis, asked that the AYSO Soccer Association also be
included in the discussions and that the Pathways, Recreation and Parks Committee
have enough time to review the issue.
Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee,
commented that recreation was one of the charges of their committee and she believed
the concerns of the Little League should be addressed.
Mr. Jim Abraham, 12831 Viscaino, asked why Westwind was not being considered as a
potential site anymore. He did not believe there was a big rush and thought all sites
should be explored.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to concur with the Planning Commission's approval of a
conditional use permit for the location of a cable television head-end on Town-owned
property on Purissima Road in the vicinity of Viscaino Road with the direction to the
Site Development Committee that they be extremely sensitive to the concerns of the
Little League, Safety Committee, Pathways Recreation and Parks Committee and AYSO
Soccer Association and that the issue move forward as soon as possible.
5. PRESENTATIONS FROM THE FLOOR
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4
Mrs. Elayne Dauber, 27930 Roble Alto, thanked the Council for approving a full Council
packet being sent to the library. She had read the recent packet at the library and found
it quite informative.
Mrs. Fran Stevenson, 26989 Beaver Lane, noted that at the corner of Purissima and
Arastradero the land owned by the Fire Department was filled with garbage and debris
and was quite unsightly. van Tamelen stated she would report these concerns to the
Fire Commission.
6. PUBLIC HEARINGS
6.1 Consideration of Proposed Amendments of the Conditions of Approval for
the Matadero Creek Subdivision
Council had before them an analysis of the Matadero Creek Subdivision Development
which had been prepared by the Director of Public Works. Council also had received,
however, a letter from the Architectural Review Committee of the Matadero Creek
Subdivision requesting a continuance of this public hearing for further review of the
materials.
Mr. Willie Chu, 27030 Carrington Circle and owner of Lot #1 - Matadero Creek
Subdivision, stated that he would like to start building on Lot #1 and asked that if this
issue were continued it be continued to a date certain.
Mr. Jim Viso, 28515 Matadero Creek Lane, commented that there had been a lot of
confusion over this issue. The last meeting with staff had been several months ago and
now the figures in the report before Council did not appear to be what the Architectural
Review Committee had requested. In addition the exhibits to the report were not clear.
Mr. Viso suggested that this matter be continued to allow ample opportunity to get the
information and review it.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to continue consideration of proposed amendments of the
conditions of approval for the Matadero Creek Subdivision to a future date to allow
time for the Director of Public Works to work with the owners of Matadero Creek
Subdivision lots to address concerns.
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ihr MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed by the following roll call vote to move Agenda Items 8.1, 8.2 and 8.7 before
Agenda Item 7.1 on the agenda.
AYES: Councilmembers Siegel, Tryon and van Tamelen
NOES: Councilmember Johnson
ABSTAIN: Mayor Casey
8.1 Sewer Reimbursement Agreement, Lands of MacHale, Stonebrook Drive
The Director of Public Works' staff report dated 2/21/90 referenced the Municipal Code
which states that the intent of reimbursement agreements is to compensate a developer
for oversized improvements. The report further notes that the sanitary sewer system
constructed as a portion of the improvements for the MacHale subdivision were the
minimum size necessary to accommodate his development.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to determine that a reimbursement agreement with Mr. MacHale
is not appropriate and to decline to enter into the requested agreement.
hat
8.2 Waiver of Recreation Fees, Lands of Bellucci, Moody Road
Mr. David Bellucci, applicant, gave a brief history of his property which he has owned
since 1%1. He noted that over the years he has made significant contributions to the
Town and he did not believe that this request for waiver of fees ($5,167) was out of line.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson
and passed unanimously to deny the requested waiver of recreation and open-space
fees required as a condition of the final map for Lands of Bellucci.
8.7 Street Name Change, Lands of McCulloch, Stonebrook Drive
Mr. Russ Carter, applicant, noted that he had spoken with the Town Historian
Rosemary Meyerott who had concurred with the proposed new names of Stonebrook
Cirde and Oak Park Court. These names had also been approved by the Fire
Department.
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f Siegel commented that he thought having the name Stonebrook Circle off Stonebrook
�y Drive was confusing and did not recommend using this name.
Rosemary Meyerott, Town Historian, concurred with Siegel's comments.
Mrs. Elayne Dauber, 27930 Roble Alto, noted that they lived in an area with several
similar street names and it was confusing, especially for the mail service.
Mrs. Betsy Bertram, 11854 Page Mill Road, stated that she thought it should be the
Town Historian and other long-time residents of the Town who should name the
streets.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed
unanimously to change the names in the Lands of McCulloch to Oak Park Circle and
Oak Knoll Circle.
7. UNFINISHED BUSINESS
7.1 Activities of the Mayor
4181, Mayor Casey: This was an item that was removed several sessions ago but we did not
have a full Council to discuss it. I had initially asked it be removed. It is on page 7. We
have a note from our city Clerk saying that the tape that night is inaudible on that part
of the meeting and I want it clarified how the meeting happened that night. Since this
is the case and I am not interested in being on a debate on this with members of the
Council I think that what I'd like to do and the fair thing to do would simply be to state
my opinion on how this item was agendized for this meeting and then any other
Councilmembers can state their opinions and then we'll simply have the different
statements of opinion in the record of the minutes and then go ahead and approve the
minutes of the 21st.
Councilmember Tryon: Madam Mayor - I have a suggestion regarding that because I did
listen to the tape with the City Manager and we were able to get some information.
Apparently it is no longer possible to listen to it. We have in the past when this has
occurred allowed Councilmembers to make statements and have them inserted into
the minutes.
Mayor Casey: That's what I'm suggesting we do. That's exactly what I'm suggesting we
do.
Councilmember Tryon: However, for that we don't even need to approve the
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statements because we do not and cannot approve the statements. (AMENDED BY
COUNCIL 5/16/90)
Tryon referred to the memo prepared by the City Clerk which listed several items that
Council had asked be agendized for this meeting. The items listed were: 1) Disclosure
of potential conflicts of interest; 2) Intervention with applicants at Planning
Commission; 3) Representation of official Town policies by Mayor; and 4)
Reconsideration of motion made at the 11/1/89 Council Meeting to vacate the Office of
Mayor. Tryon commented that there were serious concerns raised by residents and
Councilmembers regarding issues raised at the team building session and the
conformance with the Town's laws and procedures.
Mrs. Shari Emling, 11853 Murietta, noted that Mrs. Carico was not at this meeting as
she was not feeling well. It was Mrs. Carico's concern about actions at the Town's
Christmas Party. However, she would relay the story although it was second hand. At
the Christmas Party Mr. Ng, an applicant for a site development permit for a new
house, was seen giving gifts to the Mayor's children and heard thanking her for all she
had done for them.
11, Mr. Ng, 12700 Leander Drive, commented that he had given two boxes of See's candy to
the Mayor's children at the Christmas Party. He noted that the Mayor had spoken with
him after one of the meetings and had invited him and his family to attend the
Christmas Party. He had not really met many people in Town and thought this was a
nice gesture on the part of the Mayor. Mr. Ng noted that he enjoyed giving gifts at
Christmas, especially to children and saw no conflict of interest in what had taken place
at the Christmas Party.
The City Attorney stated that it was the Council's responsibility to disclose if they
thought there was a conflict. Benefit through the award of a contract or impact on
financial status were two areas of conflict of interest.
Mrs. Betsy Bertram, 11854 Page Mill Road, commented on the Spirit of the Hills party
thrown by the Mayor at which contractors, developers, etc. were in attendance. Was the
Mayor planning on disclosing the meetings with all of these people.
Siegel stated that meetings at social functions did not require disclosure unless the
application before Council was discussed during the meeting. Johnson noted that the
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` disclosure policy did not prohibit Councilmembers from meeting with applicants, etc.,
it just required that you disclose these meetings and the conversations regarding the
application that took place.
Mrs. Grace Liu, 26471 Weston Drive, agreed with Johnson. She stated that oftentimes
applicants were confused about Town ordinances and just wanted clarification. Mrs.
Liu hoped applicants could continue to approach Councilmembers.
Mrs. Mary Stutz, Planning Commissioner, commented that a Councilmember used to
attend Planning Commission meetings on a regular basis. Johnson at one time had
stated that he no longer wanted to do this as he found it difficult to hear the application
at the Commission level and then have it come before the Council for a decision. Mrs.
Stutz noted that during one Planning Commission meeting the Mayor had actually
spoken with the neighbors of the applicant during the meeting and this was quite
distracting to the members of the Commission.
A resident at 26837 Purissima stated that he thought this was a petty issue and the
Council had nothing better to do with their time.
L Mrs. Teddi Schick, 26400 Weston Road, had been a resident of the Town for twenty-five
�I years and she was appalled at the comments made that these were petty issues. In her
opinion, Tryon was trying to correct a bad situation. She believed she spoke for many
of the old timers in Town in urging that the Council fulfill the promise and pledge they
made to the public and work together cohesively.
Mr. Victor Riches, 26200 Catharine Court. noted that he had lived in Town for a long
time and thanked each Councilmember for their efforts as Mayor. He believed it was
now time to get on with Town business.
Mrs. Betty Ng, 12770 Leander Drive, commented that she thought the Mayor was doing
a good job, had innovative ideas, was not afraid to bring about change for the better,
and worked well with the residents. Mrs. Ng believed that there were more important
issues to deal with and unity of the Council was important.
van Tamelen stated that policies of the Town were not made by staff or by the Mayor
but by the whole Council. She again expressed her concerns about the documents sent
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4111/ out by the Mayor as Town policies and believed that the Council, by not taking any
action on this, was condoning it.
Johnson commented that when he was Mayor the City Manager had prepared some
documents on excellence in Town Government, goals, etc. Johnson noted that the
Manager had probably refined these documents as time went on but there was nothing
earthshattering in them and he believed no malice had been intended by the Mayor.
Mrs. Fran Stevenson, 26989 Beaver Lane, stated that the Mayor was acting
independently and if the Council did not act like a team it would not work. There was
too much dissention on the Council.
Mrs. Betsy Bertram, 11854 Page Mill Road, supported the motion made at an earlier
meeting by van Tamelen to vacate the office of Mayor and asked the Mayor to submit
her resignation from the Council. Mrs. Bertram referred to the Mayor's misuse of tax
dollars, fraudulent expenses and establishment of policies by herself, not in
conformance with the team building session. Mrs. Bertram asked the Council to unseat
Toni Casey from the Council.
lit Mrs. Shari Emling, 11853 Murietta, commented that in the past Councilmembers had
been able to work issues out in a friendly manner but the last two years had been
dismal. The Mayor had an apparent conflict of interest, had violated expense
procedures, had violated the spirit of the law, and had personally chosen a question to
be included in the community survey without Council consensus. Mrs. Emling
believed the Mayor had forfeited her right to be Mayor and had diminished the power
of the other Councilmembers.
Mr. Chuck Comiso, 27933 Briones Way, noted that there were many more people in
Town than those who appeared at the Council meetings and those others should also
be heard. He believed that the Council should move forward and deal with Town
business.
van Tamelen repeated her statement from the November I, 1989 Meeting: Because this
Town has serious and important matters to deal with, and because we must move
ahead to face these issues in a timely manner, and because we need a leader who can
bring us together in a productive way, and because we need a mayor who will speak
well for the Town and present us in the best light, and because we need a mayor who
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will truly represent the Council and not attempt to make decisions or compromises
independent of the Council, and because we need to instill in staff a sense of worth and
accomplishment, and because we need as our spokesman one who is familiar with our
policies and history, and will consult us before representing us, and because we must
all, but especially our chosen mayor, display the highest integrity and be above any hint
or perception of impropriety, and because our citizens deserve ongoing and effective
government, and because it is our duty and obligation to organize ourselves so that we
best perform our function, therefore I move that the Council reorganize itself and that
the office of mayor be vacated.
MOTION MADE AND SECONDED: Moved by van Tamelen and seconded by Tryon to
vacate the office of Mayor.
Tryon asked Siegel if, as Mayor Pro Tern, he would be willing to assume the office of
Mayor should this action be taken. Siegel responded that he was not going to support
the motion.
Tryon withdrew her second of the motion to vacate the office of Mayor.
(1111, 7.2 Rescheduling of Joint Meeting with the Planning Commission
Stephen Pahl, Planning Commissioner, commented that he did not agree with
scheduling the joint meeting just prior to a Council Meeting as it restricted the
discussion period.
PASSED BY CONSENSUS: To schedule the next Joint Meeting of the City Council and
the Planning Commission for Saturday, March 10, 1990 at 9:00 a.m.
7.3 Restructuring of the Intergovernmental Council
PASSED BY CONSENSUS: To concur with the Intergovernmental Member Terms
effective January 1, 1990.
7.4 Addenda to Contract for Landscape and Entryway Master Plan Consulting
Wolfe/Mason Associates -- Resolution # (ROLL CALL VOTE)
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41110
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to adopt Resolution #14-90 approving and authorizing execution
of an addendum to agreement between the Town of Los Altos Hills and Wolfe Mason
Associates (Town Hall Master Plan).
Mr. Philip Dauber, member - Finance Committee, stated he concurred with the Page
Mill Road selection for the agreement with the consultants but he did ask if this were
budgeted and was informed that it was.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed by the following roll call vote to adopt Resolution #15-90 approving and
authorizing execution of an addendum to agreement between the Town of Los Altos
Hills and Wolfe Mason Associates for the entrance sites with the exception of all
entrances but Page Mill Road.
AYES: Mayor Casey and Councilmembers Johnson, Tryon and Siegel
NOES: Councilmember van Tamelen
van Tamelen stated that she believed all of the entrances to the Town should be
included.
8. NEW BUSINESS
8.1 Sewer Reimbursement Agreement, Lands of MacHale, Stonebrook Drive
This item was discussed earlier in the agenda.
8.2 Waiver of Recreation Fees, Lands of Bellucci, Moody Road
This item was discussed earlier in the agenda.
8.3 Designation of Source Reduction and Recycling Task Force for Santa Clara
County -- Resolution #_
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MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and and
passed unanimously to adopt Resolution #16-90 designating a source reduction and
recycling task force.
8.4 Request for Support of SB 1564 Regarding Kidnapping Statutes in California
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to support Senate Bill 1564 which would change existing
kidnapping statutes in the State of California.
8.5 First Reading of Ordinance Adopting the 1988 Uniform Fire Code, as Amended,
Including the Toxic Gas Ordinance, and Adoption of Resolution Setting a Public
Hearing on the Proposed Ordinance
Mr. Jim Abrahams, 12831 Viscaino, asked what affect this ordinance would have on
house fumigations for termites.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed
unanimously to waive further reading of ordinance.
kir
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to introduce ordinance amending Chapter 8 entitled 'Fire
Prevention Code of Title 8 of the Los Altos Hills Municipal Code to adopt by reference
the 1988 edition of the Uniform Fire Code, including certain appendices and
amendments thereto
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by vanTamelen
and passed unanimously to adopt Resolution #17-90 setting time and place of public
hearing on the proposed adoption of a certain Uniform Fire Code by reference with
certain amendments proposed thereto.
8.6 Adoption of an Ordinance Protecting Oak Trees, Heritage Trees, and Possibly
Other Trees and Monuments (ROLL CALL VOTE)
Council discussed the option of continuing this item to allow them more opportunity
to review the ordinance and perhaps clarify certain sections. van Tamelen suggested
including historical monuments in the ordinance.
fliir February 21, 1990
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4110,
Mr. Les Ernest, 12769 Dianne Drive, referred to a letter he had recently written to the
Council concerning a loophole in the landscaping policy and suggested that this
ordinance be reviewed carefully. In the landscaping policy once the initial period had
expired on new construction there was no financial incentive to landscape.
PASSED BY CONSENSUS: To continue consideration of this tree ordinance pending
further review and to address the issues raised by van Tamelen and Mr. Ernest at this
meeting.
8.7 Street Name Change, Lands of McCulloch, Stonebrook Drive
This item was discussed earlier in the meeting.
9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES
9.1 Report from Ad Hoc Committee on Water Issues
Siegel reported that a meeting was to be scheduled for some time in March with the
Water District Board. A report on that meeting would be forthcoming. He also noted
that California Water was running ads in the Town Crier and suggested that Purissima
should do the same. Johnson reported that at the Santa Clara Valley Water District
Board Meeting it was decided that funds received from fines imposed for over water
usage would be used for water reclamation.
9.2 Report from Finance Committee on Financial Status of Town, Depreciation
Policies and Practices, and Related Matters
This item was continued to the next meeting.
9.3 Report from Heritage Sub-Committee on Status of Griffin House
van Tamelen reported that the sub-committee had met and different avenues were
pursued including contacting local historical societies. The next meeting on the Griffin
House at the college was scheduled for Tuesday, February 27th. van Tamelen also
commented that the evaluation of the survey was indicating strong support to save the
Griffin House but not much support in the way of financial pledges.
February 21, 1990
14
Rosemary Meyerott, Town Historian, stated that she had spoken with Nancy Mason of
the Santa Clara County Historical Heritage Commission and Ms. Mason had informed
her that the Griffin House could not be torn down before the matter went before the
Santa Clara County Historical Heritage Commission.
10. STAFF REPORTS
10.1 City Manager
10.1.1 Debris on Ravensbury
van Tamelen commented that there was debris on Ravensbury which should be
cleared away.
10.1.2 Pathway near Magdalena, Hillview and Summerhill
van Tamelen reported that the pathway in this area was washed out and in need of
repair.
10.1.3 Sound System
Siegel asked about the status of the sound system and was informed that staff was
having difficulty in locating places where the proposed sound system was in place.
Tryon stated that she thought it was very important to actually see the system in place.
It was agreed that Johnson would go to other cities and report back to the Council on
the various sound systems.
10.2 City Attorney
10.2.1 Farron vs. City and County of San Francisco
The City Attorney reported on the case of Farron vs. the City and County of San
Francisco as it related to the Brown Act and noticing requirements for ad hoc
committees. The conclusion in this particular case was that the ad hoc committees did
not need to be noticed, but the Court so held that they would be if they were Council
appointed.
4 February 21, 1990
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4111,
10.3 City Clerk
10.3.1 Report on Council Correspondence dated 2/16/90
10.4 Planning Director
10.4.1 Lands of Finn
The Planning Director reported that a public hearing on the Lands of Finn annexation -
a proposal to establish residential-agricultural zoning for approximately 35 acres of land
recently annexed to the Town was scheduled for 2/28/90 at the Planning Commission.
At this time the Planning Director was requesting that Council set 3/7/90 as the public
hearing date on this same subject.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to add Lands of Finn - setting of public hearing to the agenda as an
urgency item.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen
and passed by the following roll call vote to direct staff to set 3/7/90 as the public
hearing date for Lands of Finn annexation - a proposal to establish residential-
agricultural zoning for approximately 35 acres of land recently annexed to the Town.
AYES: Mayor Casey and Councilmembers Johnson, Tryon and van Tamelen
NOES: None
ABSTAIN: Mayor Pro Tem Siegel
11. COUNCIL-INITIATED ITEMS
11.1 Request for Appointment of a New Council Representative to the Community
Health Awareness Council and Approval of Revised By-Laws of CHAC
(Councilmember Johnson)
PASSED BY CONSENSUS: To appoint Mary van Tamelen as Council Representative to
CHAC until the Council Election to be held in June, 1990.
February 21, 1990
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MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed
unanimously to approve the revised by-laws dated 11/15/89 for the Community Health
Awareness Council.
11.2 Request for Appointment of a New Council Representative to the Santa Clara
County Cities Association (Councilmember van Tamelen)
van Tamelen commented that for a variety of reasons she was unable to attend the first
three meetings of SCCCA and she asked Council to appoint a replacement Council
representative.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed
unanimously to appoint Bob Johnson as Council representative and Barbara Tryon as
alternate to SCCCA.
11.3 Appointment of Sub-Committee of the Council to Address the Issues of
Rebuilding and Building Out (Councilmember van Tamelen)
PASSED BY CONSENSUS: To appoint Toni Casey, Mary van Tamelen, two Planning
Commissioners and staff to a sub-committee on rebuilding and building out. Planning
Commission Chair Ed Emling would bring this issue up at their next meeting and
appoint two representatives.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to go past the 11:30 p.m. hour of adjournment.
11.4 Disclosure Policy and its Relationship to Meetings between Individual
Councilmembers and Residents (Mayor Casey)
11.5 Status of Transportation/Congestion Management Issues (Councilmember Tryon
Tryon reported that the joint proposal for a Santa Clara County Congestion
Management Planning Agency had been discussed at the 2/14/90 Transportation
Commission Meeting and was scheduled for the 2/22/90 Santa Clara County Cities
February 21, 1990
17
Association Meeting for discussion. Areas of concern included the grouping of cities
and the voting structure. At this time it was a preliminary report and before the
Council for comments.
11.6 Reimbursement Agreement with Alan Lambert (Councilmember Tryon)
Tryon referred to Mr. Lambert's letter to the Council which states his reasons for not
concurring with the figures calculated by the Town for the reimbursement agreement
recently approved by the Council. She asked staff to explain what the problem was and
stated that she would like to see the issue resolved in good faith based on what
calculations were included in the original agreement. It was agreed that the Director of
Public Works would meet with Mr. Lambert and his lawyer to discuss the calculations
used for the reimbursement agreement and this matter would be brought back to the
Council.
11.7 Intergovernmental Council Homeless Task Force Report (Councilmember
Tryon)
It was noted that this report was available from the City Clerk. The item was continued
to the next Council Meeting to allow more time for study of the report.
11.9 December 20, 1989 Council Minutes
PASSED BY CONSENSUS: To continue the minutes of the 12/20/89 Council meeting
to the next meeting to allow time for review and comment.
11.10 Maintenance Crew and Projects
Tryon asked where the Town stood on its maintenance projects and commented on
how few crew members there were. The Director of Public Works noted that there was
a full-time crew of two, the maintenance projects were on schedule and within budget.
She asked for a status report on the maintenance crew.
11.11 Tree Planting
Tryon asked for a status report on tree planting in the Town.
February 21, 1990
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11.12 Reimbursement Policy
11.8.1 Policy Regarding Extra Night's Expenses at Meetings (Councilmember
van Tamelen)
van Tamelen stated she had questioned this expense because she did not think it was
appropriate to charge the Town for an additional night's stay in a hotel for a 9:00 a.m.
meeting in San Francisco.
Casey responded that she did believe it was appropriate as it afforded her an
opportunity to exchange ideas and meet with other attendees at the conference.
Mr. Philip Dauber, member - Finance Committee, commented that he had never heard
of anyone staying the night before in San Francisco for a 9:00 a.m. meeting the next
morning.
PASSED BY CONSENSUS: Since Council obtained approval to attend conferences at
Council Meetings, it was agreed that at the time of request a Councilmember would
also specifically request the number of night's lodging they wanted approved.
11.8.2 Policy Regarding Lunches for Councilmembers and Staff
(Councilmember van Tamelen)
van Tamelen questioned this expense because she wondered if it was appropriate to
have the Town pay for lunches with staff.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed
unanimously to amend the travel reimbursement policy to reflect authorization for
Councilmembers to be reimbursed in a reasonable amount for lunches with staff
members and to stipulate that these expenses be itemized on the warrant list. In
addition it was agreed that staff should be reimbursed for lunches with
Councilmembers.
11.8.3 Approval of Warrants Reimbursing Mayor's Expenses on 1/17/90
Warrant List
tier February 21, 1990
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MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to approve the warrants reimbursing the Mayor's expenses on the
1/17/90 warrant list minus the charge for the first night's hotel stay in San Francisco.
Tryon suggested that a clarification should be made of exactly what the Council's $150
for expenses covered.
11.9 Reconsideration of Motion Made at the 11/1/89 Council Meeting To Vacate the
Office of Mayor (Councilmember van Tamelen)
This item was discussed earlier in the meeting.
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council adjourned at
12:00 a.m. to an Adjourned Regular Meeting at 6:00 p.m. on Wednesday, March 7, 1990
Respectfully submitted,
Patricia Dowd, City Clerk
February 21, 1990
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