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HomeMy WebLinkAbout02/19/1992 (2) Minutes of a Regular Meeting February 19, 1992 Town of Los Altos Hills City Council Meeting Wednesday, February 19, 1992, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 7:30 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon. Absent: None Staff: City Manager Les Jones II; City Attorney Sandy Sloan; Engineering Consultant Jeff Peterson, Town Planner Linda y Niles and City Clerk Pat Dowd fir' Press: None Hubbard noted that Walter Singer had recently passed away and he asked that the meeting be adjourned in his memory. Hubbard also made the following comments about the Walter and his wife Marie. "All the finest things you can possibly say about human beings can be truthfully said about Walter and Marie Singer. In their caring, effective lives they have shown us the very best. Because of them we know more about being a true friend, being a loyal partner, living with courage, how to have a lot of fun and how to share our sorrow when necessary. Walter Singer leaves behind the record of a generous life and our grateful community will miss him. And to Marie Singer, on behalf of all of us here and your many friends throughout the Town, please know that you have our love, our prayers and deepest respect." MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to add the following two items to the agenda as urgency items: Urgency Resolution authorizing emergency sewer repairs and approval of letter to Senator Morgan on regionalism. 1.1 Emergency Sewer Repairs February 19, 1992 Regular Meeting 1 The City Manager presented a report to the Council which included the determination that the repair of the broken sewer line on Via Ventana constituted an emergency and requested that the competitive bidding requirements for this project be suspended. In addition the City Manager requested authorization to enter into a contract with Vicks Pipeline on a time and materials basis for an amount not to exceed $20,000. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to adopt Resolution #2-92 as an urgency resolution authorizing emergency sewer repairs. 1.2 Regionalism Johnson referred to a letter being prepared for Senator Morgan which would include the Santa Clara County Cities Association policy on regionalism. He was requesting this be considered as an urgency item since they were attempting to get consensus from the Santa Clara County Cities on the transmittal of the letter. It was agreed this would be discussed later in the meeting. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation of Proclamation to Timothy Mark Kaye on his Attainment of Eagle Scout Mayor Hubbard presented Timothy Mark Kaye with a proclamation from the Town commending him for this attainment of the honor of Eagle Scout and for his many contributions to the community. 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Items Removed: 4.1 - February 5th Meeting (Hubbard) and 4.3 (Tryon) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: December 18, 1991 February 19, 1992 Regular Meeting 2 4.2 Approval of Warrants: $27,462.97 (1/31/92 $48,348.87 (2/4/92) $112,301.09 (2/14/92) 4.4 Request from Los Altos Fire Department for Weed Abatement on a Certain Property (APN 182-29-61) Items Removed: 4.1 Approval of Minutes: February 5, 1992 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to approve the minutes of the February 5, 1992 City Council Meeting with the following correction: page 6, fourth paragraph, first sentence should read: " no building permits would be issued until certain of the conditions as expressed in the conditions of the subdivision approval were met" AYES: Mayor Hubbard and Councilmembers Casey, Siegel and Tryon NOES: None ABSTAIN: Councilmember Johnson 4.2 Request for Extension of the Expiration Date of a Site Development Permit for Lands of Yanez, 26242 Fremont Road Council had received a request from Mr. Yanez for an extension of his site development permit. The staff report included the information that Mr. Yanez had been issued a site development permit in December 1989; had received an administrative extension for an additional year to expire in December 1991; and had submitted a second request for extension of the original site development permit on February 6, 1992, due to extreme financial hardships. Tryon expressed her concerns about the allowed development areas and the fact that this project was to the maximums; there was not enough development area remaining for even a walkway. She further noted that the site development policy was not in effect in 1989 and now the Council reviewed new homes. She believed this application should be reviewed by Council but that additional fees could be waived. Siegel stated that this was the reason why permits expired -- ordinances were reviewed and changed. He believed that extending this application would be unfair to the Town and the application should be subject to review. Johnson February 19, 1992 Regular Meeting 3 referred to other applicants who had had to change their applications over time because the Town's regulations had changed. He believed that by granting this extension, the Council would be giving implicit approval for the design of the house which, in his opinion, was inconsistent with the LaPaloma policy. Casey disagreed with not granting this extension. She did not believe the development area had changed and thought it unfair to not grant the extension and to ask the applicant to redesign. Luis Yanez, applicant, noted that when he applied for his site development permit in 1989 all the neighbors had been notified and all had concurred with the design of the house. He did not believe the ordinances had changed and that his project would be approved today. He further noted that this was his family's dream home and if he had to come back with a redesign it would cost him a lot of money. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to deny the request for extension of the expiration date of a site development permit for Lands of Yanez, 26242 Fremont Road; to request the applicant to work with staff on a redesign of the project; and to waive additional site development fees. AYES: Mayor Pro Tem Tryon and Councilmembers Johnson and Siegel NOES: Mayor Hubbard and Councilmember Casey 5. PRESENTATIONS FROM THE FLOOR Michael Westfall, President - Cedar Shake and Shingle Bureau, stated that he was in opposition to the Town requiring a Class B roof; he believed this was unnecessary and caused an increase in homeowners' insurance rates because of high replacement costs. He further noted that their main concern was to keep the roof covering in place and keep flying embers away and he believed a Class C roof was adequate in a brush area. Mr. Westfall further commented on the proposed draft advisory ballot on fire-retardant roofing. He strongly suggested amending the first sentences of paragraphs three and four to include the word 'test' before exposures. Mr. Westfall stated that this would more accurately reflect the wording in the current Uniform Building Code. 6. PUBLIC HEARINGS 7. UNFINISHED BUSINESS February 19, 1992 Regular Meeting 4 7.1 Approval of Wording of Advisory Ballot on Fire Retardant Roofing for the June 2, 1992 General Municipal Election MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to approve the draft advisory ballot on fire-retardant roofing including the word 'test' before exposures and the word 'slate' after clay tiles in the third paragraph. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to reconsider the motion approving the wording of the advisory ballot on fire-retardant roofing for the June 2, 1992 General Municipal Election. The City Attorney noted that in checking the current Uniform Building Code the following phrase should also be included in the advisory ballot for complete conformance with this document: add "are not expected to produce flying brands" at the end of the second sentence of the third paragraph. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to include "are not expected to produce flying brands" at the end of the second sentence of the third paragraph to the advisory ballot on fire- retardant roofing. Sir The final approved wording for the advisory ballot measure regarding fire retardant roofing read as follows: "Should the City Council of the Town of Los Altos Hills adopt an ordinance that would require the roofs on new construction and the reroofing of existing structures to have a minimum fire-retardancy classification of B? Fire-retardancy roof classifications are those adopted by the International Conference of Building Officials. Class A roof coverings are effective against severe fire test exposures. Under such exposures, roof coverings of this classification are not readily flammable, afford a fairly high degree of protection to the roof deck, do not slip from position and are not expected to produce flying brands. Examples of Class A roofs are metal tiles; cement, concrete or clay tiles; slate; and asphalt/fiberglass shingles. taw February 19, 1992 Regular Meeting 5 Class B roof coverings are effective against moderate fire test exposures. Under such exposures, roof coverings of this classification are not readily flammable, afford a moderate degree of fire protection to the roof deck, do not slip from position and are not expected to produce flying brands. Examples of Class B roofs are pressure-treated cedar shakes over a plywood subsurface and metal or cement tile over a spaced- board subsurface." 7.2 Approval of Wording of Argument in Favor of Advisory Ballot on Fire Retardant Roofing for the June 2, 1992 General Muncipal Election Tryon strongly believed that the argument should be signed by the City Council, not the Town Council. Johnson then raised the issue of whether the ballot argument should be signed by the Council or only by the Los Altos Fire Chief and the Fire District. He questioned whether having it signed by the Council made it appear that the decision had already been made on this subject. Councilmembers discussed this option with the issue being raised that it was very important for the Council to sign it to show their unified support of the advisory ballot measure. Richard Landrum, Los Altos Fire Chief, raised the issue of whether or not it would be appropriate for him to sign the argument if the Council did not. He did agree with the argument but noted he would seek legal counsel as to whether or not he should sign it without Council's signature. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the following wording of the argument in favor of the advisory ballot on fire-retardant roofing, subject to it being signed by the Los Altos Fire Chief and the Los Altos County Fire Protection Disrict in addition to the City Council. "Eight years ago the voters of Los Altos Hills repealed a requirement for fire retardant roofs. The City Council supports fire-safe roofing, and has placed this advisory measure on the ballot so that residents may provide guidance in this regard. A Yes Vote will support the adoption of an ordinance requiring that all new residences have at least a Class B roof and that whenever an existing roof is replaced it must meet at least a Class B fire retardancy standard. We live in a fire prone area but we can increase our chances of surviving major fires if we make our houses as noncombustible as possible by using Class A or Class B roofs. Most of our neighbor cities in the foothills now require fire retardant roofs. February 19, 1992 Regular Meeting 6 Class A roofs are effective against severe fire test exposures. They include her fiberglass shingles and concrete, clay or metal tile and slate. Tar and gravel roofs must have nine layers of felt. Class B roofs are effective against moderate fire test exposures. They include pressure-treated cedar shakes with a plywood subsurface and a variety of simulated shake products. Tar and gravel roofs require seven layers of felt. Fire safe roofs not only help protect your home but the homes of your neighbors when caught in a major fire. Fire safe roofs help prevent the spread of fires to others. A Yes Vote is recommended on Measure Los Altos Hills City Council Los Altos Fire Chief Richard Landrum Los Altos County Fire Protection District Commission 8. NEW BUSINESS 8.1 Request from National Organization on Disability for Town to Join "Calling on America" Campaign MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to join the National Organization on Disability as an affiliate member. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Community Relations Committee Casey reported that recently the Community Relations Committee had been holding their monthly meetings at a member's home. She did not see anything wrong with this as long as it was properly noticed at Town Hall. Tryon believed if someone challenged this, there could be a problem. It did not seem to conform to the intent of the Brown Act. Tryon believed that driving around in the dark to find a public meeting discouraged public participation. While she would not oppose this committee meeting at a home, she did not believe it was the way to handle such meetings. February 19, 1992 Regular Meeting 7 PASSED BY CONSENSUS: To allow the Community Relations Committee to hold their meetings at a member's home with proper noticing. 10. STAFF REPORTS 10.1 City Manager 10.1.1 Request for Extension of Existing Solid Waste/Recycling Agreement to April 30, 1993 -- Reso # The City Manager referred to his staff report which included the recommendation that the existing franchise agreement with Los Altos Garbage Company be extended until a new agreement was adopted or April 30, 1993, whichever was earlier due to current negotiations on several issues. Jon Angin, Los Altos Garbage Company, concurred with this request. In response to an inquiry about the yard waste site regulations from Casey, Mr. Angin noted that restricting its use to residents only was a decision made by the Council. He also noted that when the program was begun some had abused the procedure by bringing in yard waste from other cities. It had been difficult to monitor when others than the residents could use the facility but they were now working on other recycling programs within the Town. Mr. Angin also noted that the problems their parent company were experiencing did not affect them. They were an independent entity and were doing quite well. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to adopt Resolution #3-92 extending the contract for garbage collection service with the Los Altos Garbage Company. 10.2 City Attorney 10.2.1 Compensation For Councilmembers The City Attorney referred to her memorandum to the Council on this subject. She commented, in part, on the new tax legislation, the Federal Insurance Contributions Act, fees paid to Councilmembers and the option of payment for meetings attended. Casey did not agree that the Planning Commission should have to pay into FICA when they only get $50 per month. 3/41101 February 19, 1992 Regular Meeting 8 PASSED BY CONSENSUS: To agendize compensation for IOW Councilmembers for a future Council Meeting and to include a recommendation from the Finance Committee. 10.3 City Clerk 10.3a Report on Council Correspondence 11. COUNCIL-INITIATED ITEMS 11.1 Discussion of Earlier Council Meetings and No Council Meetings Going Past the Hour of 11:00 p.m. (Councilmember Casey) Casey raised the issue of the late hours of the Council Meetings and stated that she did not think it was good government to go past 11:00 p.m. Unless it was an extreme situation, late hours caused strain and stress for Councilmembers, staff, applicants and interested residents. Councilmembers discussed starting the meetings at 6:00 p.m. with public hearings to be held after 7:00 p.m. Council agreed on these new times. Tryon requested that the ordinance also state that meetings shall not go beyond 11:00 i p.m. without an affirmation vote of the Council. fir' PASSED BY CONSENSUS: To direct the City Attorney to prepare an ordinance changing the time of the Council Meetings and the format of the Council Agendas for the next Council Meeting. The issue of a Council recess was also raised and it was agreed this would be agendized for the next Council Meeting. 11.2 Request for Appointment of a Council Sub-Committee on Architectural Control (Councilmember Casey) Casey asked that this item be continued to the next meeting and she would prepare a written report on this subject for that meeting. 11.3 Regionalism Council had before them the letter which had been prepared by the Santa Clara County Cities Association to Senator Morgan on the subject of SB 797 and Regional Government. A discussion followed on whether Council agreed with the policy statements made by the SCCCA to the Senator on this issue. February 19, 1992 Regular Meeting 9 `. MOTION SECONDED AND FAILED: Moved by Siegel, seconded by Casey and failed by the following roll call vote to approve sending the letter prepared by the Santa Clara County Cities Association to Senator Morgan on the subject of SB 797 and Regional Government. AYES: Councilmembers Casey and Siegel NOES: Mayor Hubbard and Councilmembers Johnson and Tryon 11.4 Transit District Board Meeting Tryon referred to a notice of hearing from the Transit District Board Meeting which the Council had recently received. She noted that this meeting which addressed, in part, issues relating to regional rail priorities was originally not going to be a public hearing. Tryon strongly believed that all the cities should be notified as they were going to be affected by the decisions made. County Counsel concurred and the issues were set for public hearing. 11.5 Santa Clara Valley Water District --Northwest Flood Control Advisory Committee galw Siegel noted that he had attended the last meeting of the Northwest Flood Control Advisory Committee and the channel on Dr. Hau's property was discussed. The recommendation from the Santa Clara Valley Water District was for a cement-lined channel at the Hau property and the Edith Avenue Bridge. A neighborhood meeting would be scheduled in the near future and Siegel believed someone from the Town should be there. It was agreed Jeff Peterson would attend. 11.6 Taaffe Road Siegel asked about the status of the Taaffe Road project and was advised by the City Manager that had been some delays due to the rains and the project was not presently completely finished. It was agreed that Jeff Peterson would respond to the letter received from Mr. Stout concerning the Taaffe Road Project. 11.7 Lands of Shockley Casey suggested that Jeff Peterson and/or the City Manager go to the Lands of Shockley and evaluate the drainage on the property after the recent rains. In addition she suggested they let the neighbors, Mr. and Mrs. Wright, know they were visiting the site. February 19, 1992 Regular Meeting 10 kor 11.8 Magdalena and Blandor Casey noted that she was concerned about the gully at Magdalena and Blandor. 11.9 Purissima Hills Water District Siegel commented that the Purissima Hills Water District had enclosed an excellent flyer in the most recent billing. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to direct the City Clerk to send a letter of congratulations to the Water District on their informative and interesting flyer. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 10:45 p.m. in memory of Walter Singer. Respectfully submitted, Patricia Dowd City Clerk The minutes of the February 19, 1992 Regular City Council Meeting were approved at the March 4, 1992 City Council Meeting `r February 19, 1992 Regular Meeting 11