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HomeMy WebLinkAbout09/20/1995Minutes of a Regular Meeting September 20, 1995 Town of Los Altos Hills City Council Meeting Wednesday, September 20, 1995, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Dauber, Hubbard and Johnson Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Ed Taylor and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Midpeninsula Regional Open Space District Craig Britton, General Manager of Midpeninsula Regional Open Space District, introduced Mr. Malcolm Smith of the District Offices. Mr. Britton then presented a history of the District and an overview of the District's activities and objectives. He also conducted a slide presentation of District lands and programs. Mr. Britton noted that the District was established in 1972, expanding to include San Mateo County in 1976. In 1992, the District annexed a small portion of Santa Cruz Countv making it the only tri -county park in the State. The District was formed to preserve a regional open space greenbelt linking District preserves with other public parklands. The Midpeninsula Regional Open Space District covers an area of 330 square miles and serves a population of over 600, 000. He commented on the successful volunteer programs including hikes, walks, bicycling and horseback riding. Mr. Britton invited Council to attend the VIP tours currently being conducted of the District lands. September 20, 1995 Regular City Council Meeting Siegel inquired about the paths on the District lands and was advised that they had a five year plan, volunteers did the work and one contractor was involved with paths. Casey asked about access off Olive Tree and was advised by Mr. Britton that it was an issue of public vs. private access. They did have it gated and keyed but if it was determined to be a public road, the gate could be changed. Casey also asked about the District allowing dogs in the preserves. Mr. Britton responded that many public hearings had been conducted on this issue and it was decided that seven to nine preserves were going to be opened to dogs. 3. PLANNING COMMISSION REPORT Council requested that the agenda show the name of the Planning Commissioner scheduled to give the report. 4. CONSENT CALENDAR Items Removed: 4.2 (Siegel) and 4.6 (Casey) -- Concerning Item 4.7, Dauber suggested the Mayor or Mayor Pro Tem present the proclamation to Dr. Silver in person if possible. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to approve the balance of the Consent Calendar, specifically: %VO 4.1 Approved Minutes: September 6, 1995 4.3 Accepted as complete the 1994 Storm Drain Improvements Project, authorizing final payment concerning such work and directing the City Clerk to file Notice of Completion -- Reso #77-95 4.4 Accepted grant of pathway easement, Lands of Ward, 11801 Francemont Drive -- Reso #78-95 4.5 Accepted grant of pathway easement, Lands of Ward, 11881 Francemont Drive -- Reso #79-95 4.7 Issued Proclamation: Dr. Gary Silver -- International Humanitarian Award Items Removed: 4.2 Rejection of Claims: Sheryl and Reynold Cochran Mr. Reynold Cochran, 26565 Altamont Road, commented on the accident for which he had filed the claim. He believed there were two issues: the road conditions were not safe and the extent of damage needed to be determined. September 20, 1995 Regular City Council Meeting i Ms. Sheryl Cochran, 26565 Altamont Road, further explained the accident which happened while she was driving and the road conditions at the time. Council agreed this issue should be discussed in closed session. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to add a closed session to the agenda because of significant exposure to litigation - one case. 4.6 Approval of a purchase order to install a handicapped ramp at the Heritage House Casey referred to the $7,800 proposed for this project and thought this amount was excessive. She believed the ramp could be done for less money by using Town crew, by putting the ramp in the front of the Heritage House rather than the back and by using a less involved design. The City Manager responded that the Town had obligations to comply with ADA (Americans with Disabilities) regulations and the next bid for this project was $12,000. He further commented that it was possible to pursue funding with the CDBG (Community Development Block Grant) money but the process was more involved and a higher prevailing wage rate would be used which would increase the cost. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed by the following roll call vote to approve a purchase order in the amount of $7,800 to install a handicapped ramp at the Heritage House. AYES: Mayor Siegel and Councilmembers Dauber, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Casey 5. UNFINISHED BUSINESS 5.1 Approval of Landscaping and Landscape Maintenance Conditions of Approval Council discussed the pros and cons of including the "not to exceed $10,000" landscape deposit requirement. It was suggested that the more appropriate condition would be to base this amount on the cost of the project and leave it to the discretion of the Planning Director. Casey supported putting a limit on the amount of the deposit. September 20, 1995 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed by the following roll call vote to delete a maximum limit of $10,000 for landscape installation. AYES: Mayor Siegel and Councilmembers Dauber, Hubbard and Johnson NOES: Councilmember Casey PASSED BY CONSENSUS: To change all references from screening to mitigating; to add a statement that certificates of deposit will be accepted so that interest will be given; and to add a statement saying that deposits will be forfeited if landscaping is not put in. PASSED BY CONSENSUS: To amend the second sentence of the landscape maintenance condition to read as follows: An inspection of the landscape to ensure adequate establishment and maintenance shall be made two years after the installation. PASSED BY CONSENSUS: To delete the following from the landscape maintenance condition: Fifty percent of the bond shall be returned following the date of the inspection, if maintenance is adequate and to amend the last sentence to read: The deposit will be released two years after installation if the plantings remain viable. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to approve landscaping and landscape maintenance conditions of approval as recommended by the Planning Department in the 9/20/95 report and as amended by Council. 6. NEW BUSINESS 6.1 Request for amendment of the Town's FY 1995-96 Salary Schedule regarding the Finance Director/Treasurer Position -- Reso #__ Council discussed the January retirement of the City Treasurer and the City Manager's proposal to restructure the job by establishing a Finance Director/Treasurer position. This would include the financial consultant's position which would be eliminated within a year from appointment of the new position. In the job description it was agreed to delete the reference to Federal Revenue Sharing and to add the following duty: review of franchise agreements, lease payments, etc. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to adopt Resolution #80-95 amending the staff compensation plan for fiscal year 1995-96 regarding the Finance Director/ Treasurer position. September 20, 1995 Regular City Council Meeting �W 6.2 Referral of revised Pathway Element to the Planning Commission for review and recommendation Siegel reported that he had prepared a proposed draft element to the General Plan. This document had been reviewed by a committee of the following: Councilmember Dauber, Pathways Committee Chair Earnest and Planning Commissioners Gottlieb, Schreiner and Stutz. Siegel suggested that the Council review the proposed pathway element and forward comments to the Planning Commission and Pathways Committee for review and recommendation to the Council. PASSED BY CONSENSUS: To make the following changes to the proposed draft pathway element dated 9/12/95: Page 2, Item A.1: add the following sentence: They should be separated from the road pavement and meander, where possible. Page 3, Item B.1: add the following sentence: Cul-de-sacs should have off-road paths which lead from the bulb to adjoining neighborhoods. Page 3, Item 4: A roadside path shall not be maintained on a cul-de-sac that serves or could serve six or less lots. The traffic on such streets is deemed so minor that pedestrians can safety use the paved surface as a walkway. The Council may grant an exception to this policy for safety reasons. Page 3, Item B.2 - Class 1 --- delete "and signed". Page 4, Add Item 7: "Off-road paths are to be kept as natural as possible." Page 4, Item C, paragraph 3: Access to Shoup Park and Redwood Grove in Los Altos to our path system would improve pedestrian access for both cities. Page 4, Item C, paragraph 4: fourth sentence should read: "Connections into the Preserve from the Town are intended for local residents and have very limited parking (Ravensbury Avenue, Stonebrook Avenue, La Loma Drive, Rhus Ridge Road, Francemont Avenue, Hidden Villa)". Delete the following sentence: "A number of access points (Ravensbury Avenue, Stonebrook Avenue, La Loma Drive, Rhus Ridge Road, Francemont Avenue, Hidden Villa) should encourage local use and reduce the need for parking." Page 5, Implementation of the Path System, Item 4, Insert the following sentence after the second sentence: The location shall be sensitive to the privacy of future residents whenever a parcel is subdivided or a lot is developed. V September 20, 1995 Regular City Council Meeting Page 6, Add the following to item 4: All paths shall be located and designed to preserve the beauty and natural character of the area and to safeguard the user. Particular care should be given to retaining trees and vegetative cover and to minimize grading and erosion. Page 6: Item 6: Add the following: "but should be located to avoid conflict with path use." Page 6: Item 11: Add the following: The Town should seek donation of path easements needed to complete gaps in the system. The Town should assume the legal and engineering costs involved with such donations and inform residents of possible tax advantages from easement dedication. PASSED BY CONSENSUS: To add the following: Property owners may not block off paths. PASSED BY CONSENSUS: To add the following: Trails and paths shall be permitted in open space and conservation easements. These trails shall be constructed and maintained to minimize the environmental impact upon the area. Council commented on the general Master Path Plan which should include a list of streets, the pathway standards, the booklet on paths and the whole picture of the Town's paths. With regard to this, it was noted that there should be an explanation of the types of paths and this could be included in the standards. Casey referred to the section on the Implementation of the Path System and the contribution by property owners at time of development of right of way and/or construction of paths or payment of path in lieu fees. Casey wanted to know what created the nexus in these situations. She strongly believed that in part due to recent court decisions there had to be a very clear correlation between a project and the path land and/or money for paths being required. It was agreed that this issue of nexus would be addressed by the Planning Commission during their review of the draft Pathway Element. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to send the draft pathway element to the Planning Commission for review and recommendation and at the same time to send it to the Pathway Committee with the request that they send their comments on the draft to the Planning Commission for review. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Development Process Subcommittee: next meeting 9/28/95 September 20, 1995 Regular City Council Meeting 7.2 Housing Subcommittee: next meeting 9/22/95 7.3 Planning Issues: next meeting 10/5/95 7.4 Planning Commission Special Meeting on Quarry Application: 9/26/95 8. STAFF REPORTS 8.1 City Manager 8.1.1 Town Hall Remodel The City Manager reported that the remodel project was proceeding. Town Hall would be closed for business at noon on Friday, the 22nd to allow for final packing before the carpets were laid over the weekend. 8.1.2 Newsletter The City Manager reported that he had spoken with the consultant working on the newsletter about the limits of her contract and he further noted that as far as he knew all of the articles had not been submitted. `. 8.1.3 Solid Waste The City Manager asked for clarification of the recently adopted resolution on solid waste rates. Was. it Council's understanding that the rates for the Rhus Ridge pick up should be listed on the exhibit and should there be a column reflecting an incremental increase for universal service depending on distance. Council's response was in the affirmative to both questions. 8.2 City Attorney 8.2.1 Spangenberg Lawsuit The City Attorney reported that Mr. Spangenberg did not appeal his case to the Supreme Court within the specified time. He therefore owed the Town approximately $16,000 and the court $7,000. 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 8/30/95 September 20, 1995 Regular City Council Meeting 7 Dauber referred to the letter from Donald Spencer. She thought his suggestions concerning yardwaste were quite good and should be agendized for discussion. Mr. Spencer should be thanked for his comments. Dauber commented on the letter from Wes Henderson concerning Sun Country Cable and requested that Sun Country be asked to send the Council a copy of their response to Mr. Henderson. 9. COUNCIL -INITIATED ITEMS 9.1 10/4/95 Council Meeting Council agreed to start the 10/4/95 Council Meeting at 7:30 p.m. due to Yom Kippur. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for approval of lot merger and conditional exceptions for lots 1 through 14, Lands of Micko, Kingsley Avenue and Altadena Drive Mr. Eric Micko, applicant, presented a history of his involvement with this project He noted that he had lived in the Town from 1974 to 1987 and had spent seven years on this lot merger. He had participated in an advisory study session with the City Council several years ago at which time he did not have an acre of land for his project. At this time he did have an acre of land although he was requesting an exemption to the building site circle requirement because of the lot's configuration. Mr. Micko felt that his project complied with the spirit of the Town's codes and was consistent with other lots in the Town. He showed locations of over thirty lots in the neighborhood of his project which had unique configurations. Mr. Micko believed he had been considerate of the neighbors' concerns and had agreed to a lower height to the house, one story, etc. but he did note that the lot would have development on it and would no longer be vacant land. Dr. Stephen Combs, 26640 Snell Lane; Eric Kleage, 26140 Rancho Manuella Lane; and June Rynne, 26120 Rancho Manuella Lane each addressed the Council in opposition to this project. They believed it had a negative impact on the environment, the quality of life, the open space of the area and the value of their homes. Approval of this project would involve exemptions to Town regulations such as the building site circle and they did not agree that this was appropriate. The Council should adhere to the Town's ordinances. September 20, 1995 Regular City Council Meeting Carmen Fink, 26157 Altadena Drive, spoke in support of this project. She was speaking on behalf of the Fink family and noted that they had no intention of closing off their land. Many used its paths and access to Esther Clarke Park and it would remain that way. Although they had originally not been in support of this project, they had reconsidered and thought the consolidation of the several smaller lots would be a benefit to the neighborhood. Johnson stated that he disregarded all references to economic issues as irrelevant to the application before them. He did support the Planning Commission's denial of this project. The exemptions being requested were too great. Commenting on the several other lots Mr. Micko mentioned, Johnson stated that he might feel differently if someone had owned an ususually shaped lot for many years but not for an applicant who had aggressively pursued the purchase of several lots to arrive at an unusually configured one acre lot. Casey supported Mr. Micko's application. She did not believe it was unreasonable to grant exemptions for building circles and thought this development would be beneficial to the neighborhood. She also stated that while open space was enjoyed by the neighbors the Council could not maintain lots as open space. Dauber stated that the purpose of the building site circle was to prevent development of odd lots. This lot was substandard even if it was one acre and it was surrounded by conforming lots. The ordinances clearly stated minimum requirements and the Council should abide by the Town's codes. Hubbard concurred with Dauber's comments. Siegel supported the application. He commented that Mr. Micko had worked hard on this project and was constrained by not being able to move the lot lines as someone with a larger project might be able to do. Mr. Micko had also agreed to reduce the size of the house on the lot to compensate for the building site circle exemption. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed by the following roll call vote to deny the request for approval of lot merger and conditional exceptions for lots 1 through 14, Lands of Micko, Kingsley Avenue and Altadena Drive and to direct staff to prepare the the findings for denial for the October 4th Council Meeting. AYES: Mayor Pro Tem Hubbard and Councilmembers Dauber and Johnson NOES: Mayor Siegel and Councilmember Casey 12. CLOSED SESSION: PENDING LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a - One Case Council adjourned to a closed session regarding litigation at 9:30 p.m. and reconvened at 9:52 p.m. Council returned to open session to report, if necessary, anv action taken. September 20, 1995 Regular City Council Meeting `r ikw 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:55 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 20, 1995 Regular City Council Meeting were approved at the October 4, 1995 Regular City Council Meeting. 10 September 20, 1995 Regular City Council Meeting