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HomeMy WebLinkAbout04/15/1992 (2) Minutes of a Regular Meeting April 15, 1992 Town of Los Altos Hills City Council Meeting Wednesday, April 15, 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 7:20 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon Absent: None Staff: City Attorney Sandy Sloan, Director of Public Works Jeff Peterson and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Pahl reported that in addition to the planning items on the Consent Calendar, the request for a conditional development permit for an addition for Lands of Tan at 26872 Almaden Court was continued to the April 22nd meeting for additional information. He further noted that the Commissioners had the 29th on their calendars for the Joint Meeting with the City Council. 4. CONSENT CALENDAR Item Removed: 4.1 (Siegel) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously (except for Casey voting no on the ordinance setting salaries for Councilmembers) to approve the balance of the Consent Calendar, specifically: haw April 15, 1992 1 11r 4.2 Approved Warrants: $31,721.40 (3/31/92) $ 3,189.82 (3/31/92) $58,906.32 (4/6/92) 4.3 Granted Request from Horsemens' Association to use Council Chambers for a Candidates' Night - May 19,1992 4.4 Declined To Review the following Planning Commission Actions at Its Meeting on April 8, 1992: 4.4a Lands of Garrettson, 14495 Miranda Road: request for a Site Development Permit for a minor addition 4.4b Lands of Migliozzi, 25119 Tepa Way: request for a Site Development Permit for a minor addition 4.4c Lands of Byers, 12997 Cortez Lane: request for a Site Development Permit for an Addition and Remodel of a Deck 4.4d Lands of Cole, 12795 Viscaino Road: request for a Site Development Permit for a minor addition and remodel 4.5 Adopted Ordinance #351 Regarding Noticing for Public Hearings 4.6 Introduced Ordinance Setting Salaries for Councilmembers 4.7 Adopted Policy Statement on Council Expenses 4.8 Appointed Karen Jost, Office Manager, as Acting City Clerk - April 29-May 1, 1992 4.9 Designated Solid Waste Commission of Santa Clara County as Local Task Force under AB 939 -- Reso #9-92 Item Removed: 4.1 Approval of Minutes: April 1, 1992 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed by the following roll call vote to approve the minutes of the April 1, 1992 City Council Meeting with the following change: page 2, Item 4.3 should be changed from "Considered Whether to Review . . ." to "Declined to Review. . .". This change would also be made on all future agendas for purposes of clarification. April 15, 1992 2 AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Tryon 11/10 NOES: None ABSTAIN: Councilmember Siegel 5. PRESENTATIONS FROM THE FLOOR David Mooring, 13791 La Paloma Road, presented a letter to the Council formally requesting a written legal report from the Town giving the specific facts and findings which were the basis for the denial on November 6, 1991 of his proposed two story home at 13791 La Paloma Road. The letter included background information on his application and included his statement that he believed the denial of his two-story plan was unfounded, unauthorized by the ordinances, inconsistent with precedent, without appropriate findings and arbitrarily derived. PASSED BY CONSENSUS: To agree that the Mayor would work with the City Attorney on preparing a response to Mr. Mooring. 6. PUBLIC HEARINGS 7. UNFINISHED BUSINESS (�. 8. NEW BUSINESS 8.1 Request from Supervisor Dianne McKenna for Support for the Extension of the County's Park Charter Fund (Measure A on the June 2 ballot) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the request from Supervisor Dianne McKenna for Support for the Extension of the County's Park Charter Fund (Measure A on the June 2 ballot) 8.2 Amendment of Contract with City Attorney The City Attorney noted that the contract with the Town had not been changed for two years. At this time they were requesting the following additions: $150/hour for project specific work and $75/hour for paralegal work. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to approve amendment #2 to the agreement for legal services between the Town and Jackson, Tufts, Cole and Black. April 15, 1992 3 `r 8.3 Request for Refund of Fees and Permit Charges -- Mr. Melnikoff, Summitwood Road Hubbard, Casey and Johnson disclosed that they had visited the site and met with the applicant. Council had before them the City Manager's staff report dated 4/15/92 which included the recommendation that this request for refund be denied. The report outlined the work done on the property and addressed what part of the project staff believed to be earthquake related. The redwood deck was not considered to be earthquake related. An explanation of the fees charged was also in the report. Mr. Melnikoff, applicant, reported that he had had approximately $100,000 damage done to his property in the 1989 earthquake. Repairs were made to the pool which had shifted and twelve sixteen foot piers had been placed on the periphery of the pool. Damage was done to the hillside and an area of lawn adjacent to the pool had been damaged while the repairs were being made. Mr. Melnikoff stated that they had two options: restore the hillside or put in a small redwood deck. He noted that the refund of some original fees paid had been made to the contractor directly. Unfortunately, that contractor had not completed the project and they 1111/ were attempting to resolve this through the legal system. Mr. Melnikoff stated that all of this work was earthquake related and he was requesting a full refund of the $904.74 fees and permit charges paid to the Town. Casey and Johnson stated that they both thought the work done was clearly earthquake related. Tryon stated that even if it were earthquake related Mr. Melnikoff should have gotten a permit. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Tryon to return to Mr. Melnikoff all fees and permit charges except for $100 to cover staff time and in view of the work not being all earthquake related but rather due in part to an error made by the contractor. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to refund the total amount of fees and permit charges ($904.74) to Mr. Melnikoff. April 15, 1992 4 4111/ 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Pathways Recreation and Parks Committee 9.1.1 Slippery Driveways in Town Siegel referred to his report dated 4/8/92 on the subject of slippery driveways. He recommended the City Manager be instructed to include in the 1992-93 Town Budget funds to correct the hazardous condition on twenty five paths where they cross driveways in the Town right of way. He further recommended that the Pathways, Recreation and Parks Committee be instructed to identify the 25 most dangerous conditions for correction. Siegel believed the Town's liability would be substantially reduced if an ongoing project of correction was in place. He also referred to Portola Valley as an example of a city who used this plan. Tryon agreed with Siegel's recommendation and his comments on the benefit of having a planned program in place. Hubbard suggested the project be done as weed abatement was with the owner paying the costs. Casey stated the Town should pay for the costs involved and also raised the liability issue. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, commented on the list of driveways they were working on and also noted that several people had suggested the owner be billed as they are for weed abatement. Elayne Dauber, 27930 Roble Alto, asked what would happen if the Town corrected a hazardous condition on a driveway and the owner resealed it a couple of years later. She also inquired whether the formation of an assessment district had been considered. In response to Mrs. Dauber's questions, Siegel noted that the driveways would only be done once until it was seen how the project was working. On the subject of an assessment district, he noted that staff was very small and he did not think it would be feasible. The City Attorney also reported that she would have to check on the possibility of the Town putting a lien on someone's property for this kind of work. State Law specificially stated that weed abatement charges could be put on the tax roll. litre April 15, 1992 5 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to instruct the City Manager to include in the 1992-93 Town Budget funds to correct the hazardous condition on twenty five paths where they cross driveways in the Town right of way and to instruct the Pathways, Recreation and Parks Committee to identify the 25 most dangerous conditions for correction. It was further agreed that two letters would be prepared (one for overlay and one for asphalt) and both letters would be brought back to Council for approval before they were sent. This program would be put in place for a one year period and would be reviewed during that one year period. 9.2 Sub-Committee on Lands of Adams MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the Mayor sending the following letter to Mr. Raffi Sarkisian in the County's Central Permit Office: "The City Council of Los Altos Hills has held two public meetings on the question of the Lands of Adams on Summerhill. A Council Committee has also met with Supervisor McKenna. The Council reaffirms its position that the Lands of Adams is within the Urban Service Area of Los Altos Hills. It's contiguous to Los Altos Hills and therefore annexable to the Town. The Town urges the County not to approve a subdivision of the property since such a subdivision would be in conflict with the Town's General Plan and Zoning Ordinances in that it would create lots of less than one acre as measured by Los Altos Hills ordinances. After dedication of a 30' half street along the Summerhill frontage, there is not sufficient acreage to create two one acre lots." 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney The City Attorney reminded Council that the new time for Council Meetings (6:00 p.m.) would begin with the first meeting in May. April 15, 1992 6 10.3 City Clerk 10.3a Report on Council Correspondence 11. COUNCIL-INITIATED ITEMS 11.1 Request for Appointment of a Council Sub-Committee on Design Review Board (Councilmember Casey) Casey recommended that a sub-committee be formed consisting of two Councilmembers, two Planning Commissioners and the Town Planner to look at the pros and cons of design review and to also look at what other Towns do. Casey further suggested that the recommendation made by this sub-committee go on the November Ballot as an advisory measure. Casey did not believe this sub-committee should be appointed until after the June Election. Council discussed the issue of design review, the possibility that this was becoming a campaign issue and the suggestion to wait until after the election to apppoint a sub-committee. No action was taken on this request. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 8:30 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the April 15, 1992 Regular City Council Meeting were approved at the May 6, 1992 Regular City Council Meeting. April 15, 1992 7