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HomeMy WebLinkAbout04/04/1990 (2) Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday, April 4 , 1990, 7:15 P.M. Council Chambers, 26379 Fremont Road Cassettes 1-90 and 2-90 (both sides) and 3-90 (side one) 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, Tryon and Siegel Absent: Councilmember van Tamelen ( Staff: City Manager Thomas Frutchey; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Director Ann Jamison; and City Clerk Pat Dowd Press: Dave Skarr, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 3. REPORT FROM THE PLANNING COMMISSION Commissioner Comiso reported that at their 3/28/90 meeting the following issues were discussed: Lands of McDonald, request for conditional development permit and variance -- continued for redesign; Lands of Circle, request for approval of conditional exception, negative declaration and tentative map -- forwarded to Council with no recommendation. Commissioner Comiso commented that issues raised by the Commission in their discussion on Lands of Circle included: conservation easements, leaking leach fields, ground and soil stability; and visual impact on the neighbors. The subject of fences was also discussed at the 3/28/90 meeting and staff presented a slide show. April 4, 1990 1 hit Tryon commented on a note of interest from Planning Commission Chairman Ed Emling, who had not been present at the 3/28/90 meeting, that perhaps the application for Lands of Circle should go back to the Planning Commission as it had been a tie vote and since revised materials had been submitted by the applicant. Siegel asked that the slide show on fences be presented to the Council and also commented on the process of assigning projects to the staff. PASSED BY CONSENSUS: To state the policy that the Planning Commission should recommend to the Council scheduling of any projects the Commission would like the staff to work on, such as ordinance changes, etc. The Planning Director reported that the headend for Sun Country Cable had been discussed at the March 28, 1990 Site Development Commitee Meeting and it had been decided to place the headend at the playing field site with the dishes to be placed behind the horse ring. This issue had been discussed with all organizations that had expressed an interest. The design of the building and landscaping would be decided upon by the Site Development Committee at a future meeting. It was recommended that the proposed building be compatible with the Town Barn. The City Manager reported that {, representatives from Sun Country Cable would be giving a status report at the next Council meeting. 4. CONSENT CALENDAR Items Removed: 4.1 -2/21/90 and 3/21/90 Regular Meeting (Tryon) and 4.4 (Tryon) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: March 7, 1990 (Regular Meeting) March 21, 1990 (Adjourned Regular Meeting) 4.2 Approval of Warrants: $90,496.48 (3/20/90) $82,741.26 (3/30/90) 4.3 Request from the Horsemens' Association to Use Council Chambers For Their Council Candidates Meeting on April 12, 1990 April 4, 1990 2 fir 4.5 Approval of Agreement Relating to Participation in the Nonpoint Source Control Program and Application for a National Pollutant Discharge Elimination System Permit Items Removed: Casey noted that Mr. and Mrs. Singer were present and Mr. Singer wished to say a few words about the Los Altos Aids Rotary Project. In view of this, Casey asked that Council agree to move item 11.1 forward on the agenda. PASSED BY CONSENSUS: To move item 11.1 "Request for Donation for the Los Altos Aids Rotary Project" forward on the agenda. PASSED BY CONSENSUS: To issue a proclamation to Marie and Walter Singer in recognition of their many contributions to Los Altos and Los Altos Hills, in recognition of their courage, and in recognition of their warm and loving spirit which would be a part of the Town's heritage forever. Mr. Walter Singer, Los Altos, thanked the Council for the proclamation and spoke briefly on the Los Altos Aids Rotary Project. Mr. Singer explained that he had been advised that as a result of a bad blood transfusion, he had been diagnosed as aids positive. He and his wife had decided to go public with this situation in the hopes of helping and educating others about aids. One aspect of this education process was a film which they were making at Foothill College and which would be shown in May. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to donate $1,000 to the Los Altos Aids Rotary Project. Mr. Philip Dauber, Chairman - Finance Committee, stated the the Town had financial difficulties this year and he did not believe a donation was appropriate at this time. 4.1 February 21, 1990 Council Minutes PASSED BY CONSENSUS: To continue consideration of the February 21, 1990 minutes to the next meeting at which a full Council will be present. April 4, 1990 3 4.1 March 21, 1990 Council Minutes PASSED BY CONSENSUS: To continue consideration of the March 21, 1990 minutes to the next Council meeting at which time the tree ordinance will be considered and the changes reflected in the minutes can be checked against the ordinance before Council for adoption. 5. PRESENTATIONS FROM THE FLOOR 6. PUBLIC HEARINGS 6.1 Tentative Map and Negative Declaration for a Two-Lot Subdivision, Lands of Nelson, La Paloma Drive Tryon, Siegel and Johnson stated they had driven by the property but had not spoken with the applicant. Casey stated that she also had not driven by the property nor spoken with the applicant, but she had attended the Planning Commission meeting at which this was discussed. Council discussed the proposed conditions of approval before them with particular emphasis on conditions 4 and 5 concerning drainage. The Director of Public Works noted that the construction of the drainage system would be included in the improvement plans and the monitoring of the environmental mitigation improvements would be addressed by an agreement recorded at the time of final map recordation. Regarding condition #14 and the installation of two water meters for each lot, the City Manager stated that as a result of conversations with representatives of the Water District, this condition had been deleted. Bill Kull, applicant's engineer, thanked staff and the Planning Commission for their work on this project and concurred with the removal of condition #14. Ms. Lucille Connor, 13800 La Paloma, asked how the measurements were taken for the height of the house. Council commented that the conditions before them did not include a height restriction and the present ordinances allowed for 27 feet. The actual height would be determined at Site Development. Ms. Connor stated her preference for a one-story house to go along with the rural character of the Town and stated that she thought the builder's concerns were getting heard but not the neighbors'. April 4, 1990 4 L Ida Mae Hoover, 13820 La Paloma, asked about the location of the house and the design and also supported the stipulation that it be one story. Regarding the location, her concerns were not necessarily the distance from the road but the impact on them as the neighbors who would be looking down on the property. Ms. Carol Seeds, 13801 La Paloma, commented that she was confused about the process of Site Development, Planning Commission and City Council meetings -- at which point were certain conditions imposed? She also stated her concerns about the development of La Paloma. Ms. Seeds supported the open character and rural quality of La Paloma; she was not a supporter of 'statement' houses. The neighbors at the Planning Commission meeting had stated that they would prefer an 18' height limitation on the house. Unthoughtful, inconsiderate development would be harmful to their quality of life. Ms. Seeds also stated her concerns about fences and trees. Mr. Larry Nelson, applicant, explained that he had purchased the property approximately 40 years ago and had planted a lot of trees on the property. He lived next door and he would do nothing to harmfully impact his neighbors nor himself. In part the many trees would lessen any visual impact on the neighbors. Mr. Nelson also concurred with a one-story house but noted that there was a potential sale of the property and certain deadlines for completion of the sale and he would request Council to approve restrictions that would be considered workable by the potential buyer for the completion of a suitable house for the neighborhood. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously by all members present to amend condition #1 and 2 to allow for the curvalinear driveway as it now exists; to grant a conditional exception that the driveway may encroach into the 160 foot building circle; and that the ingress easement shall encompass the existing curvalinear driveway but will not be required to be centered over the driveway. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to delete condition #14 which read: "Each lot of this subdivision is to have installed a water meter for irrigation and a separate meter for household use. These meters are to be installed as a portion of the improvements for the subdivision." Council then discussed the issue of a height limitation. Tryon believed Council should deal with the issue at this time as it was a sensitive lot. Johnson, on the other hand, did not believe it was the appropriate time to decide on a height limit. Casey was April 4, 1990 5 kconcerned that the applicant fully understand that if the height limit were put in the conditions, the applicant, if they wanted to change it, would have to apply for a variance and be able to substantiate the findings required for a variance. MOTION SECONDED AND FAILED: Moved by Tryon, seconded by Siegel and failed by the following roll call vote to require a condition that if a house was built between 50' and 150' from the La Paloma right-of-way, the height limit would be 18' and if it were built behind the 150' line, the height limit would be 22'. AYES: Councilmembers Siegel and Tryon NOES: Mayor Casey and Councilmember Johnson ABSENT: Councilmember van Tamelen MOTION SECONDED AND FAILED: Moved by Siegel, seconded by Tryon and failed by the following roll call vote to deny the Nelson subdivision without prejudice. AYES: Councilmembers Siegel and Tryon NOES: Mayor Casey and Councilmember Johnson ABSENT: Councilmember van Tamelen hir MOTION SECONDED AND FAILED: Moved by Siegel, seconded by Tryon and failed by the following roll call vote to continue consideration of the Lands of Nelson to the next Council Meeting. AYES: Councilmembers Siegel and Tryon NOES: Mayor Casey and Councilmember Johnson ABSENT: Councilmember van Tamelen MOTION NOT SECONDED AND WITHDRAWN: Moved by Casey, not seconded and withdrawn to approve the tentative map request for Lands of Nelson, subject to conditions of approval. MOTION MADE AND SECONDED: Moved by Siegel, seconded by Tryon to continue consideration of Lands of Nelson to the next meeting of the full Council which would be May 2. Bill Kull, applicant's engineer, stated that time was of the essence and rather than have the issue continued, the applicant would concur with a condition limiting the height. April 4, 1990 6 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to amend condition #19 to read: "The applicant shall record a deed restriction to run with the land, which may not be removed without the approval of the Los Altos Hills City Council, outlining the following: Development to occur on lot 1 shall be designed to protect the openness of the La Paloma corridor. In order to accomplish this, development on this parcel shall be setback 50 feet from the right-of-way of La Paloma to protect the existing pine cluster at the front of the property and shall be no greater than 22 feet in height. All other setbacks and other restrictions shall be in accordance with code requirements in place at the time of development. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to certify the negative environmental declaration for Lands of Nelson. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to approve the tentative map for Lands of Nelson subject to conditions of approval as recommended by the Planning Commission and amended by the City Council. 7. UNFINISHED BUSINESS 7.1 Quarry Hills Subdivision Project -- Annexation Council had before them for discussion purposes only the Planning Commission's recommendation that the entire 360 acres under consideration for subdivision be annexed to the Town. The Director of Public Works reviewed the discussions held at the Planning Commission meeting and noted LAFCO's policy that islands of County lands not be created in the course of annexation. Three pockets of County land are encircled by the Town and the property under discussion. It was also noted that annexations involving more than twelve registered voters would be considered inhabited and could be subject to a protest and vote of those living in the area. Johnson noted that the Midpeninsula Regional Open Space District had indicated they wanted to buy the upper property. If this was annexed, would it impact a possible sale? Tryon commented on the consistency of our zoning and Measure B. If annexed, this would be the only part of the Town with different zoning. Siegel believed the entire area should be annexed. The residents had voted for Measure B and if the property ihr, were annexed, the Town would have authority. On the other hand, if the Town did April 4, 1990 7 not annex the property, the County could change the zoning. Regarding the issue of islands, Siegel believed two of the pockets should be annexed but not necessarily the Olive Tree area as it was already developed. A list of the registered voters in the two pockets was requested. Siegel further stated that LAFCO did not like to split lots by annexation and he noted it was important for the City Attorney and the applicant to work together. John Vidovich, applicant, commented on the schedule of hearings for his project and noted that he would not be available at the Commission meetings scheduled for April 25 and May 23 and asked Council to reschedule. Council noted that it was possible they might be able to schedule discussion of two items together. John Vidovich, applicant, also asked for a list of the conditions of approval as the discussions of his project took place. Johnson noted that these discussion were informational only, no votes would be taken. Tryon commented that staff may be able to formulate potential but not specific conditions along the way. Siegel referred to the condition on maintenance of the lake and recommended that a condition be formulated on this complicated issue. thr John Vidovich, applicant, stated that under Measure B there is no incentive for him to annex that portion of the project as Measure 13 was less desirable than County zoning. He asked if the quarry project was desirable by itself because if annexation were a condition there might not be a project. Mr. Vidovich also commented on LAFCO's policy against the creation of islands. Whereas annexation of just the quarry land would result in no islands, the annexation of all the property would. What reasons would the Town give LAFCO to go against their policies? Mr Vidovich stated that if annexation were made a condition and it went against another agencies' policy, it would not be able to go forward. He continued that annexation of the upper lands would mean there would have to be a development plan and he was not planning to develop those lands. In his opinion everyone wanted the quarry project to go forward and he wanted to separate it from the upper lands. 7.2 Request from Santa Clara Valley Water District to Indicate Town Support of 20 Percent Water Use Reduction, When Compared With 1987 Usage Levels Siegel commented that since information had not yet been received from San Francisco, it was not appropriate to state support of this program for the entire Town. April 4, 1990 8 tis MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to adopt the following water use reduction program for the customers of the California Water Service, effective April 1, 1990: 1) A 20% (25% south of Cochran Road) reduction in water use with penalties and/or inverted rate, effective April 1, 1990 through October 31, 1990; 2) Reimposition or continuation of the water use restrictions adopted in 1989 with an active enforcement plan; 3) Expanded development and use of reclaimed water; and 4) An aggressive public information campaign. 8. NEW BUSINESS 8.1 Approval of Mid-Year Budget The City Manager referred to his 3/29/90 staff report on the mid-year budget adjustment. In part the report addressed the issue that revenues were expected to drop up to $400,000 below budgeted levels, due almost entirely to unusually slow building activity. He noted that it was difficult to project expenses but in the future figures would be better forecast. The recommendation from the Finance Committee and the staff was for current operations to proceed substantially unchanged, but that the Town should be careful about initiating any major new activities or capital projects until the revenue picture improved. At their next meeting the Finance Committee would be discussing the fiscal forecast and the issue of contract vs. in-house staffing. The recommended budget transfers in the staff report were required by State Law to amend the budget, as necessary, to ensure that actual expenditures in each program were not higher than appropriations and that actual revenues were not higher than budgeted revenues. Tryon stated that she wanted to see more restrictive policies for reviewing the budget and recommended that Council should seriously look at the budget and take steps to address the financial concerns. Council also suggested streamlining the remaining budget for this year to eliminate expenditures which would not take place but which were budgeted for such as the General Plan Community Survey ($40,000) and the Elena Road Path and Retaining Wall ($10,000) and moving the budget discussions ahead on the Council calendar so that they would not fall during the election period. Mr. Philip Dauber, Chairman - Finance Committee, commented on the staff report before Council and the Committee's concerns about the shortfall. He commented that April 4, 1990 9 111 each comparatively small expenditure added up ($1,000 donation to Aids Project earlier in the meeting) and recommended that Council look carefully at the whole budget picture. Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted that the Elena Road project had been continued for three years. PASSED BY CONSENSUS: To ask the Finance Committee to review the following: 1) limitation on expenditures without Council concurrence; 2) limitation of exceeding budget; and 3) use of consultants vs. staff. PASSED BY CONSENSUS: To amend the line item under General Fund on Town Committees to read Town Committees and Community Services and to add a line for Contributions. In addition to process requests for donations to include a staff report which would note what budget category the donation would come from and if it would result in the category going over budget MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously by all members present to direct the City Manager to cut the budget where (k possible this year to achieve a balanced budget. ' MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to transfer funds among the General Fund programs: appropriate $65,715 to the General Services Fund; counterbalancing this by appropriating $3,472 funds to the Los Altos Sewer Basin Fund; $11,788 to the Palo Alto Sewer Basin Fund; and $36,592 to the Solid Waste Disposal Fund. 8.2 1990 Storm Drain Master Plan -- Update The Director of Public Works referred to his staff report dated 4/4/90 which outlined the status of and design considerations of the 1990 Storm Drain Master Plan. He noted that as a result of reanalysis the number of projects requiring upsizing of drainage facilities has been reduced from 100 to 25. The report stated that it may be in the Town's best interest to detain aspects of storm water to control downstream erosion and potential pollution in the Bay and staff chose to explore designs that would use the existing topography to accomplish the design goals. In addition to the decision to use existing creeks and roadway surfaces, where possible, as detention facilities, the most significant result has been the redesign of headwalls and endwalls. The types of construction relating to the stormdrain projects fall into two categories and two bid April 4, 1990 10 packages will be presented to Council. One will be for projects involving the laying of pipe and standard stormdrain construction and the plans and specifications should be ready for Council review at the next Council meeting. The other bid package will involve more complex construction trades to form poured-in-place culverts and the plans and specifications should be available this summer. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to acknowledge the report and update relating to the 1990 Master Storm Drain Construction Project and prepared by the Director of Public Works and dated 4/4/90 and to thank Mr. Ekern for his efforts on this project. 8.3 Request from Board of Supervisors for Town to become an Affiliate Member of the Santa Clara Valley Technology Center MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to become an affiliate member of the Santa Clara Valley Technology Center at an annual donation of $1.00 per Town employee. 8.4 Request from the City of Santa Clara to Join the Proposed Joint Powers Agreement to Analyze Benefits of the Proposed South Bay Giants Stadium MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to state the Town would not become a member of the proposed joint powers agreement to analyze benefits of the proposed South Bay Giants Stadium. Council further asked for clarification as to why they were shown on distribution list on a report from Supervisor Ron Gonzales on Ballpark Public Financing. 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 10. STAFF REPORTS 10.1 City Manager 10.1.1 Report on Agreement with Alan Lambert (oral report) The City Manager reported that conceptual agreement had been reached on the revised reimbursement agreement with Alan Lambert. The City Attorney was preparing the �1/ April 4, 1990 11 new documents and should be ready and signed by Alan Lambert in approximately two weeks. 10.1.2 Report on Tree Planting on Altamont (oral report) The City Manager stated that staff recommended that the trees be maintained as planted. On Altamont there was a safety problem which had been addressed by the planting of the trees. People tended to pull their cars off the road at this location and party. He also noted that concerning the issues of trees and conservation easements on the Lands of Eshner, it was possible that the new owner might request a change and at that time all the trees could be looked at. Casey responded that she did not agree the trees should be there at all; they impacted a beautiful view. If there was a safety problem, short posts could be installed to dissuade parkers. PASSED BY CONSENSUS: It was agreed that Councilmembers would look at the trees at the Altamont location and if there was consensus that there was a problem the issue ` would be agendized for a Council Meeting. 10.2 City Attorney 10.3 City Clerk 10.3.1 Report on Council Correspondence dated March 30, 1990 Tryon asked that Council receive copies of the letter from Fran Codispoti and in response to the Mayor's request, it was noted that the City Manager had called Ms. McCauley concerning her letter on recycling. 11. COUNCIL-INITIATED ITEMS 11.1 Request for Donation for the Los Altos Aids Rotary Project (Mayor Casey) This item was discussed earlier in the meeting. 11.2 Discussion of Planning Commission Adoption of Robert's Rules of Order and Determination of Voting Procedure for Chairman (Mayor Casey) thr April 4, 1990 12 Council discussed the voting procedure for the Chairman of the Planning Commission with Tryon commenting on the philosophical role of the Chairperson and Casey stating that she believed the Chair should be a full voting member. Johnson commented on the uneven number of members of the Planning Commission thus eliminating tie votes on issues. PASSED BY CONSENSUS: To state the Council's direction to the Planning Commission that the Chairman of the Planning Commission would be a full voting member. 11.3 Altamont Path Siegel made the following suggestions regarding the Altamont Path Project: 1) too many 25 mph signs; 2) Moody and Altamont -- plant more trees; 3) two dead oaks need to be replaced; 4) the path from Altamont to Moody needs signing; 5) the pipe in the pathway opposite Corbetta needs to be removed; 6) the triangle of asphalt at Natoma and Altamont needs to be removed; and 7) the northeast corner at Page Mill and Altamont is a good spot to plant trees. E 11.4 Horton and Whitley Paths �/ Tryon asked for a report on the alternative paths to get through Altamont to Moody and Siegel asked for a report from the Pathways, Recreation and Parks Committee on the Whitley Path. It was noted that the map of major pathways was almost completed and the walk-around was scheduled for April 28th. After the input from this walk- around the entire issue of pathways could be looked at in a logical fashion. Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, commented on a couple of paths but noted there was no connector from Altamont to Moody. 11.5 Congestion Management Plan Tryon reported that a productive discussion on the proposed Congestion Management Plan had been held atthe-Mar€14-28t14-T-ranspertatiea-1 0mr'iss;on-Meeting*In addition she distributed a handout on Congestion Management Plan amendments to AB1791: Removal of opposition to SCA 1 June Ballot Measure. *by the Joint Ca[mittee. (AMENDED BY MUNCIE. 4/18/90) April 4, 1990 13 4111, 11.6 ABAG Advance Planning Projects Tryon commented on the ABAG report which noted 61 low income houses without any zoning changes. 11.7 Town Crier Tryon commended Dave Skarr, reporter from the Town Crier, on his coverage of Town issues. 11.8 April 24, 1990 -- Safety Committee Meeting Tryon reminded everyone of the meeting scheduled for April 24, 1990 for all Town residents to discuss safety issues, earthquake preparedness and neighborhood emergency preparedness. 11.9 Letter from Joyce Clarke Tryon asked if there was going to be or had been a response to the letter from Joyce kir Clarke and her building inspection concerns and was advised that there would be. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned at 11:05 p.m. to an Adjourned Regular Meeting at 6:00 p.m. on Wednesday, April 18, 1990. Respectfully submitted, Patricia Dowd, City Clerk April 4, 1990 14