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HomeMy WebLinkAbout07/15/1992 Minutes of an Adjourned Regular Meeting illt July 15, 1992 Town of Los Altos Hills City Council Meeting Wednesday, July 15, 1992 , 4:30 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Tryon called the Adjourned Regular Meeting of the City Council to order at 4:45 p.m. in the Council Chambers at Town Hall. Present: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel Absent: Councilmember Dauber Staff: City Manager Les Jones, II, Financial Consultant Janice Bohman and City Clerk Pat Dowd 411/ Press: None 2. SOLID WASTE ISSUES The City Manager presented his report on Solid Waste Issues to the Council. In part this report addressed the following: Why are the costs of solid waste management going up? (legislation regarding recycling and increased requirements for technology); Why are the revenues received by the Town insufficient to support present operations?; What steps must be taken to assure financial stability?; What changes to existing programs are contemplated?; Does the Town wish to continue underwriting the costs of solid waste with franchise fee revenue? and How much do the rates need to be adjusted? During the discussion it was noted that rates have not increased to keep pace with increases in tipping fees and the cost of the yard waste transfer station is higher than expected and is being subsidized from the General Fund. The City Manager further recommended that the franchise agreement be rewritten to reflect a "solid waste management" contract, not a "garbage" contract. This contract should allow for regular financial review (at the expense of the IOW July 15, 1992 1 contractor) of operations and, upon satisfaction tothe Town, fair rate adjustments to the contractor and should also allow for periodical rate studies (at the expense of the contractor) to assure that the Town's rates are competitive in the region. Concerning changes to existing programs, it was recommended that the yardwaste transfer operation be closed as soon as possible and a yardwaste pickup program be implemented. In addition the number of Town Cleanup Days should be reduced from four to two and the basic solid waste service in Town should be mandatory to all residents. It was noted that presently not everyone in Town was billed for recycling. Some residents did not contract with Los Altos Garbage Company for garbage pickup and therefore were not on the master billing list. In addition some residents were granted waivers by the City Manager for garbage service after submitting a suitable explanation of what they did with their garbage. The City Manager further noted that rates could increase by as much as 85% to bring the program cost in line with expenses. The City Manager presented a chart for Council's review showing where the trash dollars went: of 100% collected customer fees, 54% was for operations and 34% for disposal. Operations included the following: 30% trash service, 10.1% debris boxes, 2.6% clean-ups, 10.1% general recycling and 1.1% yardwaste. Disposal included: 25.4% tipping fee, 4.7% San Jose Business Tax, 0.3% San Jose Enforcement Fee, 0.4% San Jose AB 939 Fee, 0.4% County Health Fee, 0.2% County Planning Fee, 1.6% State AB 939 Fee and 0.9% Eastin Tax. Also included in the 100% is 2% for Household Waste/Administration and Overhead and 10% for the franchise fee. Another chart explained the break down of a quarterly bill: cost per month = $17.50; total quarterly bill = $52.50. Of the $52.50 total quarterly bill, $23.85 was for universal recycling (includes cleanup days, household hazardous waste and general recycling), $8.40 for backyard service (roll out for 100-200 feet) and $20.25 for garbage service. Regarding what changes were anticipated, the final chart indicated a 55% increase for landfill costs and a 25% increase for operational costs. The Financial Consultant presented an overview of the report she had prepared on a financial evaluation of the solid waste costs. Council discussed the various issues raised by the City Manager in his report. Siegel suggested the Council give serious consideration to partially raising the rates now as he thought it was too much of an increase to raise them all at once. Tryon asked for a comparison with other cities of rates paid and services received for solid waste. Hubbard also agreed with raising the rates now as well as later with a slightly larger increase now to cover the increased costs in a reasonable manner. July 15, 1992 2 thilr It was agreed that Jon Angin representing the Los Altos Garbage Company would be making a presentation to the Council in the near future as part of the continuing discussion of solid waste issues. 3. PRESENTATIONS FROM THE FLOOR 4. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 6:05 p.m. Respectfully submitted, Patricia Dowd City Clerk c The minutes of the July 15, 1992 Adjourned Regular Meeting were approved at the August 19, 1992 Regular City Council Meeting. tkliv July 15, 1992 3 Minutes of a Regular Meeting July 15, 1992 Town of Los Altos Hills City Council Meeting Wednesday,July 15, 1992 , 6:00 P.M. Council Chambers, 26379 Fremont Road I. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Tryon called the Regular Meeting of the City Council to order at 6:10 p.m. in the Council Chambers at Town Hall. Present: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel Absent: Councilmember Dauber Staff: City Manager Les Jones II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson, Town Planner Linda Niles and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Emily Cheng commented on the issues discussed at the July 8th Planning Commission Meeting. These items are shown on the Consent Calendar. Commissioner Cheng also noted that regarding the Lands of Bellucci the Planning Commission was recommending that Council appoint a sub-committee to review the best concept for a compromise creek design. 4. CONSENT CALENDAR PASSED BY CONSENSUS: To add Item 5.3 from the agenda to the Consent Calendar. Items Removed: 4.1 - 6/17/92 minutes (Siegel), 6/22/92 and 7/1/92 regular meeting minutes (Tryon); 4.3b (Siegel), 4.3d (Tryon) and 4.6 (Johnson) ihr July 15, 1992 Regular Meeting 1 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: June 23, 1992 (Adjourned Regular) July 1, 1992 (Adjourned Regular) 4.2 Approved Warrants: $21,789.35 (6/30/92) $67,450.01 (7/2/92) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on July 8, 1992: 4.3a Lands of Polster, 25564 Willow Pond Lane: request for a Site Development Permit for an addition and remodel 4.3c Lands of Scharfetter, 13373 La Cresta Drive: request for a Conditional Development Permit for a deck extension 4.4 Approved Agreement between the Town and County of Santa Clara for a Countywide AB 939 Implementation Fee - Reso #30-92 4.5 Introduced Ordinance Adopting the Updated Mechanical Code, Electrical Code, Plumbing Code, CABO One and Two-Family Dwelling Code and Housing Code 4.7 Approved Request from Purissima Hills Water District for Town's Permission to Drill an Exploratory Water Well on Town Property at the Corner of Fremont and West Edith Items Removed: 4.1 Approval of Minutes: June 17, 1992 Regular Meeting June 22, 1992 Adjourned Regular July I, 1992 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve the minutes of the June 17, 1992 Regular City Council Meeting with the following corrections: page 2, Item 4.7 change the word 'denied' to 'decided'; page 7, last paragraph should read: "Bob Stutz, 25310 Elena, said he saw no reason why Mrs. Cole couldn't have up to 24 horses on the property as long as the pick up of the manure was handled properly."; July 15, 1992 Regular Meeting 2 411, page 10, section 3 of the motion should read as follows: "Amend Condition #1 to read: This use permit is granted for five (5) years, to expire on June 17, 1997, provided that the property owner may apply for an extension of the permit for an additional five (5) years. The application for extension must be made at least six (6) months prior to the expiration date and no fee shall be charged for such application. The Town Planner may grant the five (5) year extension subject to the same conditions herein without a hearing, provided that if the applicant or any affected party requests any modification or the revocation of the permit or if the Town Planner determines that changed circumstances with regard to the use, surrounding uses or Town standards exist, noticed public hearings shall be held on the extension by the Planning Commission and City Council, in accordance with Section 10-1.1105 and the use permit may be granted, denied, or modified in accordance with Sections 10-1.1107 and 10-1.1107(1)."; and page 16, Item 8.5, second sentence should read: "Additionally, the City Manager has been awarded three days of family emergency leave, which can be applied to time taken already this year, in anticipation of a policy on this issue at a later date for all employees." MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the minutes of the June 22, 1992 Adjourned Regular Meeting with the following correction: page 2, last sentence should read: "Council agreed with Tryon's comments in favor of continuing discussions, noting that the issues of health, safety and aesthetics should all be addressed." Council discussed pages three and four of the minutes of the July 1, 1992 Regular City Meeting and asked for clarification of the Council appointments to certain committees and outside agencies. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve the minutes of the July 1, 1992 Regular City Council Meeting. 4.3b Lands of Dorricott, 26710 Birch Hill Way: request for a Site Development Permit and Variance to allow a Sport Court to encroach into the required rear yard setback and for a Sport Court fence to exceed the allowed height in the rear yard setback Council decided to review this application. The public hearing would be set for August 19, 1992. July 15, 1992 Regular Meeting 3 4.3d Lands of Bellucci, Moody Road: request for condition 4r' amendments to Tract 8207 regarding proposed redesign of creek improvements; modifications to pathway improvements; and improvement completion timing requirements Council decided to review this application. The public hearing would be set for August 19, 1992. 4.6 Ordinance Adopting 1991 Uniform Building Code, Including Regulations on Fire-Retardant Roofing and Fencing for Swimming Pools and Hot Tubs On the subject of fencing of swimming pools and hot tubs, Hubbard believed everyone who had concerns about this should have an opportunity to speak. He suggested making this a separate ordinance and holding a public hearing on it at the August 19, 1992 City Council Meeting. In response to inquiries from Councilmembers, the City Attorney reported that it was not necessary to hold a public hearing on the fire retardant roofing ordinance and that the swimming pool fencing issue could be addressed in a separate ordinance. Johnson commented that he was pleased with the outcome of the advisory vote on rr fire retardant roofing but he did believe the advisory ordinance needed a few changes. As written there were no provisions for minor roof repairs and this could result is a very costly situation for residents. Siegel recommended providing staff with a general direction to be liberal when reviewing minor roof repairs. Staff, however, suggested it might be clearer if there was a set number of square feet involved in a minor roof repair. Hubbard noted that several kinds of A and B type roofing materials were available so residents would have options available to them. • MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and • passed unanimously by all members present to introduce the ordinance adopting the 1991 Uniform Building Code including regulations regarding fire-retardant roofing with the amendment to the ordinance that it would not apply to minor roof repairs of 300 square feet or less. In addition the section on fencing of swimming pools, spas and hot tubs would be addressed separately at a public hearing at the August 19, 1992 City Council Meeting. 5. UNFINISHED BUSINESS 5.1 Adoption of Palo Alto Sewer Service Charge Final Report and Authorizing Transmittal to the Santa Clara County Assessor's Office - Reso #_ July 15, 1992 Regular Meeting 4 OS' Johnson stepped down from consideration of this item. The City Engineer explained his staff report which addressed the costs involved in the Palo Alto Sewer Service Charge assessment. He further noted that the rates fluctuated from year to year with such issues as flow meters being expensive. It was possible that the contract with Palo Alto could be reviewed and a reduction might be possible next year. Jim Abraham, 12831 Viscaino, reiterated his questions and concerns about the increases in this charge. He did not see any justification for a 12% increase nor why there was such a difference between the costs for the Los Altos and the Palo Alto sewers. The City Manager noted that parity between Los Altos and Palo Alto charges could be a direction to be taken during the next year. PASSED BY CONSENSUS: It was agreed the Finance Committee would be asked to review the contract with Palo Alto; the City Manager would notify the City of Palo Alto of the Council's concerns and the City Manager would report back to Council on this subject at a later date. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to adopt Resolution #31-92 adopting the Palo Alto Sewer Service Charge Final Report and authorizing transmittal to the Santa Clara County Assessor's Office AYES: Mayor Tryon and Councilmembers Hubbard and Siegel NOES: None ABSENT: Councilmember Dauber ABSTAIN: Mayor Pro Tem Johnson 5.2 Request from Stephen Finn for Clarification of Town Code on Construction Hours and Equipment Allowed Steve Finn, 12000 Finn Lane, asked Council for a clarification of the term "other construction type device" as referenced in the Town's Code. He noted that construction was proceeding on his project and he was doing work on Saturday which he believed was within the Town's Code. However, a neighbor had called the Sheriffs Department several times complaining. Since he wanted to avoid this happening in the future, he was requesting clarification as to exactly what type of equipment could be used on Saturdays. July 15, 1992 Regular Meeting 5 Siegel commented that as he was a neighbor he would abstain from voting on kir this matter. However, he did note that he did not hear any undue noise and the neighbors who were complaining lived a fair distance away. Jim Abraham, 12831 Viscaino, did not think it made any sense to regulate the equipment which could be used by a horsepower rating. Council discussed the issues raised by Mr. Finn and the intent of the ordinance to restrict the use of certain types of equipment on Saturdays. PASSED BY CONSENSUS (with Siegel abstaining): To recommend to Mr. Finn that he use the construction equipment for his project (i.e. the walk- behind trencher) only on weekdays. 5.3 Request from Purissima Hills Water District for Town's Permission to Drill an Exploratory Water Well on Town Property at the Corner of Fremont and West Edith This item was moved to the Consent Calendar. 5.4 Comments on Proposed New Fire Station on Foothill Campus Hubbard noted that a public hearing on the proposed new fire station at the southwest corner of the Foothill Campus was scheduled for July 16th on the Foothill Campus. There were conceptual drawings available for review; the funds were being held in reserve and he encouraged everyone to attend the public hearing. 6. NEW BUSINESS 6.1 Request from Mr. Ashman Regarding Development Area on his Property at 13645 Paseo del Roble The Town Planner referred to her staff report which included the information that the Ashmans had received site development permit and variance approval from the City Council in January of 1990. This approval included a spa and decking and the existing development area on the lot at that time was 8,010 square feet. The site development permit and variance expired in January of 1991. The applicant had not utilized the full square footage allowance for development area before these approvals expired. Therefore, staff determined that the approval for a landscape plan and small spa could not exceed the existing floor and development area (7,531 square feet) currently on the site without a variance request, since the project was already over the allowed square footages as currently calculated. Lir July 15, 1992 Regular Meeting 6 Mr. John Ashman, applicant, explained the process he had gone through with his 41110 permits. He decided not to put in a pool but rather a spa due to financial and family concerns. However, since he kept the building inspections going each six months, it was his understanding that his permits were valid. It was not until he brought in his application for landscaping and walkways (no spa at this time) that he found out that his permits had expired. The 8,010 square feet of development was, in his opinion, critical to the value of the property and he would never have knowingly let these permits expire. Council discussed the application and request before them and noted the confusion which had taken place on the part of the applicant. Council further discussed the permit process in general as well as Mr. Ashman's request. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed by the following roll call vote to extend the Site Development Permit for Lands of Ashman, 13645 Paseo del Roble Court, to January 16, 1993, thereby allowing the project to retain the 8,010 square feet of development area. AYES: Mayor Tryon and Councilmembers Hubbard and Siegel NOES: None ABSENT: Councilmember Dauber ABSTAIN: Mayor Pro Tern Johnson Johnson stated that he had voted against approval of this project when it came to Council in January of 1990 and thus he was abstaining on the vote at this meeting. PASSED BY CONSENSUS: To agendize for a future Council Meeting allowing site development permits to be extended if some of the building permits are pulled. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Los Altos/Los Altos Hills Joint Volunteer Awards Committee -- Criteria for Volunteer Awards Johnson reported that, at the direction of the Los Altos and Los Altos Hills Councils, a joint committee had been established to codify the criteria for selecting awardees for the Volunteer Awards Event held in December of each year. This committee had met and the recommended criteria were before Council for comment and approval. The proposed criteria included the following: who was eligible for awards?; who was not eligible?; categories of volunteer activities; criterion for selection; number of awardees; terms of appointment for committeemembers; and method of voting to select awardees. July 15, 1992 Regular Meeting 7 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve the criteria for selecting awardees for the Volunteer Awards Event held in December of each year as presented in the report to Council on this issue dated 7/3/92 (on file at Town Hall). 7.2 Request from Community Relations Committee for Instruction/ Authorization Regarding Town Float Roger Burnell, Chairman of the Community Relations Committee, referred to the report he had presented to the Council on the issue of the Town Float. In this report he noted the purpose of the Town Float Project was to 'Design and build a charming and attractive display float to be used primarily to represent the Town of Los Altos Hills as the official entry in the annual Festival of Lights Parade held in our sister city of Los Altos.' Mr. Burnell further commented that in the beginning this Festival of Lights Parade had started out as a small event put on by volunteers. Today it was enormously successful and attended by a vast number of people who looked forward to it each year. The parade was a benefit to both communities and he believed a float should be developed which would represent the Town with dignity in this parade. The committee had reevaluted this project and the modified cost estimate before Council was $3,750. This approach assumed the leasing of a float-bed from a qualified parade contractor, and the design and preparation of a minimum-cost super-structure with minimal decor and lighting. Mr. Burnell, at this time, was asking for Council direction regarding the float project. Hubbard encouraged the committee to request contributions from residents in support of this project. He suggested an article in the newsletter. Tryon stated that she was in favor of the float but based on the tight budget situation at this time she could not support spending the money on this project. Mr. Burnell supported requesting contributions for this project and stated that the committee would return any excess funds received to the Town. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed by the following roll call vote to approve a maximum of $4,000 for the Town Float Project. AYES: Mayor Pro Tern Johnson and Councilmembers Hubbard and Siegel NOES: Mayor Tryon ABSENT: Councilmember Dauber July 15, 1992 Regular Meeting 8 `. 7.3 Council Sub-Committee on Planning Issues Tryon reported that the Council Sub-Committee on Planning Issues (Tryon and Siegel) had met earlier in the day and recommended ordinance modifications would be forthcoming. 7.4 Lands of Bellucci -- Appointment of Sub-Committee PASSED BY CONSENSUS: To appoint Councilmember Elayne Dauber and Jean Struthers, Member of Environmental Design and Protection Committee to a sub- committee to review the best concept for a compromise creek design for the Lands of Bellucci, Moody Road. 8. STAFF REPORTS 8.1 City Manager 8.1a Report on State Budget, Dump Fees, Gold Card and Meeting with Little League and Horsemens' Association Council thanked the City Manager for his report on these issues. thr 8.2 City Attorney 8.2a Report on Los Altos Hills Zoning Requirements for Family Day-Care Homes The City Attorney referred to a report which had been prepared by Pat Greene at the request of the Mayor. This report outlined State and local regulations on the subject of family day care homes. The report included the following recommendations to bring the Town's Code into compliance with State regulations on the subject of family day care homes: Amend the Town's Code to increase the number of children allowed in such a day care facility to conform to Health and Safety Code Section 1597.46; Amend the Town's Code to provide that a public hearing would be held regarding an application for a conditional use permit for a large day care home only if requested by the applicant or another interested party. PASSED BY CONSENSUS: To direct the City Attorney to prepare an ordinance which would bring the Town's Code into compliance with State regulations on day care. July 15, 1992 Regular Meeting 9 The City Attorney noted that Pat Greene was leaving the law firm of Jackson Tufts Cole and Black as a result of a move to Washington, D.C. She expressed her appreciation to Ms. Greene for all of her contributions to the firm and the Town. 8.2b Conflicts of Interest The City Attorney commented on the concerns raised by Johnson on the issue of conflicts of interest when voting on such issues as the Palo Alto Sewer Service Charge and the proposed Midpeninsula Regional Open Space District assessment for open space. She referred to the Fair Political Practices Commission which stated that conflicts of interest occurred when voting on issues which resulted in financial gain for the voter. The City Attorney proceeded to explain the difference between the issues of the Palo Alto Sewer and the Midpeninsula Regional Open Space District and noted that, if Council wished, she could request a written opinion on the subject from the Fair Political Practices Commission. Council discussed this issue but took no action at this time. 8.3 City Clerk 8.3a Report on Council Correspondence dated July 9, 1992 Council agreed not to take any action on a request from the City of Saratoga concerning a Local Transportation Authority Expenditure Plan. 9. COUNCIL-INITIATED ITEMS 9.1 Status and Goals of Parcel Data Base System Council discussed the data base system as it presently was and as they hoped it could be used as a valuable reference tool for Town Hall. Currently the system was incomplete and out of date. However, they believed it could be updated to include such information as what water district a person was in, what the APN was, were there any liens on the property, any secondary dwellings, what was the assessed valuation, any pathway easements and was there garbage service. Tryon encouraged Councilmembers to let the City Manager know what information they would like to see included in the data base system. Hubbard did caution about spending a lot of time on unimportant issues. 9.2 Scheduling Meeting for Establishing 1992-93 Council Priorities thoPH July 15, 1992 Regular Meeting 10 It was agreed that the following adjourned regular meetings of the City Council would be scheduled: Wednesday, August 19th at 4:30 p.m. - Establishing 1992-93 Council Priorities; Wednesday, September 2, 1992 - Ongoing Discussions on Solid Waste and Wednesday, October 7th - Discussion with the Sheriff. 9.3 Sub-Committee on Solid Waste Siegel suggested establishing a Council sub-committee on solid waste and for this sub-committee to work with the City Manager on issues such as the proposed rate increase. PASSED BY CONSENSUS: To appoint Councilmembers Hubbard and Johnson to a Council sub-committee on solid waste. 9.4 Sub-Committee on Billing Procedures Hubbard suggested establishing a Council sub-committee to review billing procedures and also to have the audit firm join these meetings. PASSED BY CONSENSUS: To appoint Councilmembers Hubbard and Tryon to a Council sub-committee to review billing procedures. 9.5 Disaster Council Meeting It was agreed that a meeting of the Disaster Council (the Mayor, Mayor Pro Tem, City Manager, Los Altos Fire Depatment and Sheriff's Department) would be scheduled to discuss the recent fire in Los Altos Hills. The Town was not notified immediately and communication across jurisdictional boundaries needed to be discussed. 10. PRESENTATIONS FROM THE FLOOR David Mooring, 13791 La Paloma, referred to a letter he had written to the Council dated 7/13/92 concerning his plans for development on his lot at 13791 La Paloma. He asked when he might receive a response to this letter and the issues he raised from the Council. The Mayor advised Mr. Mooring that his letter would be discussed with staff, would be agendized and he would be advised at what meeting it would be discussed by the Council. Jim Abraham, 12831 Viscaino, noted that San Jose wanted to close Reed- Hillview airport and open Moffett Field to general aviation. He believed this would have a detrimental affect on Los Altos Hills in part because of the increased air traffic and noise. He commented that he would like to see Los Altos Hills take a strong stand against this proposal. July 15, 1992 Regular Meeting 11 Bob Dorricott, 26710 Birch Hill Way, stated that to delay their project any further would make it very difficult for them. He noted that they were asking for a variance of 800 square feet for a sport court but they could rebuild the deck which in actuality was larger. 11. PUBLIC HEARINGS 12. CLOSED SESSION: PENDING LITIGATION (PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) The City Council adjourned to a closed session for purposes of pending litigation at 9:05 p.m. and reconvened at 9:15 p.m. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:20 p.m. Respectfully submitted, City Clerk The minutes of the July 15, 1992 Regular City Council Meeting were approved at the August 19, 1992 Regular City Council Meeting. 4 July 15, 1992 Regular Meeting 12