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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 February 21, 1990 7i 1 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 1� 2 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 February 21, 1990 3 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 February 21, 1990 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. C February 21, 1990 �✓ 5 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. February 21, 1990 6 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 February 21, 1990 7 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 February 21,1990 8 ` 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 fit February 21, 1990 9 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 ` February 21, 1990 � 10 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) 4 February 21, 1990 �/ 11 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 #_ February 21, 1990 12 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 13 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 15 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 16 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 18 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 19 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 20