HomeMy WebLinkAbout01/08/1991 (2) Minutes of a Regular Meeting
January 8, 1991
Town of Los Altos Hills
City Council Meeting
Tuesday,January 8, 1991, 7:15 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 7:15
p.m. in the Council Chambers at Town Hall.
Present: Mayor Siegel, and Councilmembers Casey, Hubbard,Johnson
and Tryon.
Absent: None
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: None
Siegel reported that the applicants had requested continuance of the following
items: 4.7, 6.1 and 6.2.
PASSED BY CONSENSUS: To continue Items 4.7, 6.1 and 6.2 at the request of the
applicants.
Casey noted that Lynn Riches, Headmaster of Pinewood School, had recently passed
away after a long illness. She commented on his outstanding contributions not only
to Pinewood School but also to the entire Los Altos Hills community and asked that
the meeting be adjourned in his memory.
2. APPOINTMENTS AND PRESENTATIONS
Siegel presented Ann Jamison with a picture of the Town Seal and thanked her for
her contributions to the Town as Planning Director. Jamison, who is leaving to
pursue her Ph.D, thanked the Council and commented that it had been a good
experience working for the Town.
3. PLANNING COMMISSION REPORT (None)
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3. PLANNING COMMISSION REPORT (None)
4. CONSENT CALENDAR
Items Removed: 4.1 - Adjourned Meeting and 4.2 (Casey)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard
and passed unanimously to approve the balance of the Consent Calendar,
specifically
4.1 Approval of Minutes: December 19, 1990 (Regular Meeting)
4.2 Approval of Warrants: $72,923.72 (12/18/90)
4.3 Financial Report: November, 1990
4.4 Approval of Encroachment Agreement, Lands of Mahoney - Foothill
Lane
4.5 Extension of Time-Line, El Monte Underground District No. 2 --
Reso #1-91
4.6 Conservation Easement Vacation, Lands of Eshner, Altamont Road -
Resolution of Intent to Consider -- Reso #2-91
4.7 Site Development Permit Extension, Lands of Lisac, 13850 Templeton
Place
This item was continued to 1/16/91 at the request of the applicant.
Items Removed:
4.1 Approval of Minutes: December 19, 1990 (Adjourned Regular Meeting)
PASSED BY CONSENSUS: To approve the minutes of the December 19, 1990
Adjourned Regular Meeting with the following correction: page two, third
paragraph, first sentence should read: "It was agreed to proceed with the hiring of a
Town Planner at a top monthly salary step of$4,600."
4.2 Approval of Warrants: $72,923.72 (12/18/90)
Casey referred to the October bill for the City Attorney services and asked if indeed
56 hours had been correctly charged for one month. The City Manager stated that
staff would bring back a detailed accounting of the hours. Casey also referred to the
bill from Wilsey and Ham and noted that she thought staff was going to provide a
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break down by projects of these bills. The Director of Public Works stated that this
4111, report was being done and he would see that Council received a copy.
4.7 Site Development Permit Extension, Lands of Lisac, 13850 Templeton
Place
This item was continued to 1/16/91 at request of applicant.
5. PRESENTATIONS FROM THE FLOOR
Ms. Sue Dumas, representing Mrs. Oshima, asked if Council would accept the
improvements for the Oshima subdivision at this meeting. She had
understood this matter was going to be agendized for this meeting and they
needed to have the matter completed before the close of escrow which was
scheduled for Friday.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson
and passed unanimously to add Lands of Oshima, acceptance of improvements
to the agenda as an urgency item, noting that this matter came up after the
posting of the agenda.
Mr Ed Emling, 11853 Murietta Lane, thanked Ann Jamison for her
41, contributions to the Town and commented that she had done an excellent job.
He then referred to his concerns about the septic systems on Lands of Bellucci.
He did not believe the systems were being checked thoroughly and he thought
the Health Department should carefully look at all the systems. He further
commented that now that there was such little vegetation on the property, if it
rained it could pose a real health problem. Mr. Emling also inquired about a
letter he had received which referred to $77,000 owed by Mr. Bellucci to the
Town and he asked if this was usual procedure.
The Director of Public Works noted that the sewer was to be put in as part of
the 1985 Tally Ho Subdivision and the Town had received a bond from the
subdivider. As no one was living on the property, it had been worked out with
the applicant that the system would be part of the new subdivision. A letter
had been received from the Health Department and Mr. Emling had received a
copy of this letter. In response to the inquiry about fees, the Director of Public
Works stated that Mr. Bellucci is up-to-date on all current charges but not on
inspection fees. It was worked out between the Town and Mr. Bellucci for
payment of these fees as the project progressed.
January 8, 1991
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`, 6. PUBLIC HEARINGS
6.1 Appeal of Site Development Committee's Denial of Request for a Site
Development Permit for a New Residence and Swimming Pool, Lands of
Liu, 28635 Matadero Creek Lane
This item was continued to the 1/16/91 meeting at the request of the
applicant.
6.2 Appeal of Site Development Committee's Denial of Request for a Permit
Modification to Change Siding from Shiplap to Stucco, Lands of Finn,
12009 Finn Way
This item was continued at the request of the applicant.
UNFINISHED BUSINESS
7.1 Magdalena Avenue Storm Drainage Project Update
Council had before them the Director of Public Works' staff report which noted
in part that the use of a roadside ditch was selected over a pipe to better
meet the Town's drainage goals, to reduce the risk of failure of the system,
411110 to reduce construction costs, to continue a design common to Magdalena
Avenue, and to reduce the costs of ongoing maintenance.
Casey questioned the depth of the ditch. She stated that she had measured it
herself and in some places it was 18" to 22" deep, not 12". She was also
concerned that there was no retaining wall and the hill would fall into the
ditch. Johnson commented on the relocation of the mailboxes, noting that
people were very sensitive about their mailboxes. He also commented
that he did not think the project was attractive; he called it a curb whereas
staff called it a berm.
Mr. John Sims, 10700 Magdalena, addressed the Council on behalf of several of
the neighbors who were present. He stated that the ditch was much
deeper than 12" in some places and he still believed a buried pipe was a
viable alternative. He had done some research and found estimates for far
less than the $50 per linear foot of pipe installation mentioned in the staff
report. Mr. Sims believed the berm made the ditch effectively higher and
he did not think anything had changed regarding the project except the
relocation of the mailboxes. Mr. Sims summed up their concerns as
follows: open, deep ditch; difficult to see at night; hazardous; road
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iir narrower than it used to be; drainage problem; negative environmental impact;
poorly conceived, designed and completed project; eyesore; and their belief
that the project could be corrected for about$20,000.
Mr. James Reed, 10779 Magdalena, did not agree with the Director of Public
Works's comments regarding drainage in his staff report. Mr. Reed stated
that the creek ran alongside and underneath his pool and to date the creek
had carried the water with no problems. However, now that the project
had been undertaken to correct the drainage situation on another
property, there would be a great increase in water which would end up on
his property.
The Director of Public Works explained that alongside of the road there was no
depth to lay a pipe as there was a high pressure water main below the road.
The amount of money budgeted for this project was $50,000 with a Council
amended budget of$65,000 and not to exceed $75,000. $56,000 had actually
been spent on the project and to undertake other alternatives for this
project would have been much more cosily. He had received no feedback
to the letter he sent out to the neighbors in October. The Director of Public
Works also commented that he did not believe the project could be
corrected for $20,000. The lowest bid he had seen for pipe installation was
$30 per linear foot.
The City Manager noted that staff believed the project was done correctly both
from an aesthetic as well as engineering point of view. However, they did
acknowledge that extra measures could be taken such as delineation of the
side of the road.
Casey commented that she thought this was a safety issue, in part because the
road was much narrower. Siegel noted the unsightly ditch on Prospect
and recommended that staff advise Council before another ditch project
was undertaken. Many drainage projects were coming up and Council
needed to be aware of priorities. Tryon stated that she was willing to look
at options in this case and suggested staff meet with the neighbors before
the issue came back to Council. Siegel suggested the formation of a sub-
committee but no action was taken on this recommendation. Casey asked
how much it would cost to correct the situation and the Director of Public
Works stated that he could report back at the next Council Meeting on
costs.
PASSED BY CONSENSUS: To direct the Director of Public Works to meet with
the neighbors on Magdalena to discuss options and concerns regarding
this project and to report back at the next Council Meeting.
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� The City Manager noted that due to the short timeframe, it might be necessary
fir to delay this report to the first meeting in February.
Casey asked that the following issue be agendized for a future meeting: why
did Mr. Sims have to notify all of his neighbors for a recent remodeling
job? Did it have anything to do with the secondary dwelling issue?
7.2 Designation of Town Arborist
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon
and passed unanimously to name Richard Huntington of Mayne Tree
Expert Company to act as the Town's Arborist.
7.3 Council Direction to Staff Allowing the Planning Director to Require
Models or Photo Montages for Development on Sensitive Lots
Casey commented that this could be quite an additional expense and she
believed the direction should come from the Planning Commission or
Council. In addition the definitions of "sensitive lot" and "extreme
circumstances" should be very dear. Hubbard believed this would cause
the applicant undue delay and thought that staff should be given
discretion. He believed this could be done at the site analysis stage and the
applicant could be notified at that time that a model and/or photo
montage would be required. Tryon noted the excessive cost of models and
believed that photo montages which were much more reasonable in cost
would be adequate.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard
and passed by the following roll call vote to adopt the policy that staff
could in certain cases require photo montages at the site analysis stage for
development on sensitive lots, noting that if anyone objected to this
requirement they could appeal or object to the process.
AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and
Tryon
NOES: Councilmember Casey
It was agreed that a copy of the Planning Director's staff report on this subject
would be sent to the Planning Commission.
7.4 Future CDBG Housing Funding for the Town
Recommendation from the Planning Director that Council take the
following actions:
thr
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1. Appoint a Councilmember or citizen to the Urban County CDBG
tir Citizen Advisory Committee;
2. Direct staff to make every effort to identify individuals in Town
who are eligible for the CDBG Housing Rehabilitation Program;
3. Provide written support to low/moderate income project applying
for Urban County competitive pool funds with potential to benefit
Los Altos Hills residents;
4. Direct staff to work toward having the Town's annual allotment
reinstated at a $30,000 annual level in July 1992; and
5. Direct staff to set up a Revolving Loan Fund with the County
CDBG staff.
Council discussed the recommendations from the Planning Director and
suggested that the Planning Commissioners be asked if they were
interested in being appointed to the Urban County CDBG Citizen Advisory
Committee. If not, Ed Emling, former Planning Commissioner, said he
would consider requesting appointment. Siegel suggested that the
Planning Director write an article for the next newsletter in an effort to
identiy individuals who might be eligible for the program.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel
and passed unanimously to appoint a member of the Planning
Commission or Edward Emling to the Urban County CDBG Citizen
Advisory Committee; to direct staff to make every effort to identify
individuals in Town who are eligible for the CDBG Housing
Rehabilitation Program; to include an article on this subject in the next
Town newsletter; to direct staff to set up a revolving loan fund with the
County CDBG staff; and to direct staff to report back to the Council in a
month on recommendations three and four.
8. NEW BUSINESS
8.1 Request for Waiver of Building Fees, Lands of Barton, 13833 Barton
Court
Casey believed the Town should be compassionate toward those suffering
earthquake damage. She thought that everyone with earthquake damage was
getting their fees waived, not just those who applied right away.
January 8, 1991
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Councilmembers discussed a newsletter article noting that building fees would be
4110, waived for repair of earthquake damage to a certain deadline (not yet determined
but suggested that it be 2 years from date of earthquake).
Mr. Thomas Barton, applicant, noted that he had not yet filed for chimney repair as
he was waiting for bids.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and
passed unanimously to grant Mr. Barton's request for waiver of building fees for
earthquake damage.
PASSED BY CONSENSUS: To direct staff to waive building fees for earthquake
damage and to notify those residents who were denied waiver of fees because they
filed after the deadline that they would be receiving a waiver of fees.
Planning Commissioner Jones noted that he knew of two people on his street who
did not apply because they were unaware they could do so without plans.
8.2 Interim Planning Services
Councilmembers had two proposals before them regarding interim planning
services, one from Ken Pastrof and one from Brian Kangas Foulk.
Regarding a timeframe, the City Manager noted that he believed the
shortest time that an interim planner would be necessary would be two
months. Council also commented that the length of time would depend
on whether Council would appoint a new planner or the new City
Manager would hire the planner.
Ken Pastrof, Land Analysis Associates, commented on two important things he
brought to the Town: empathy and direct experience. He had lived in the
Town, had built five homes in the Town and had processed approximately
50 projects in the Town over the last fifteen years, with only one project
being denied in all that time. He believed he had a sense of what the
Town would like to see and also noted that he had no difficulty in
assisting the building department if planning applications slowed down.
Mr. Pastrof also reminded Council that his proposal provided for his being
at Town Hall on a daily regular basis and he believed this was important
to provide planning services for the Town.
Pat Webb, Director of Planning at Brian Kangas Foulk, noted that their
department was comprised of professional planners all with master's
degrees. They had the appropriate person for the planning task under
consideration. The proposed amendment to the contract provided for
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additional services and hours to cover the Town's planning needs for an
411, interim period. Margaret Netto would provide the plan check services for
the the Town and write the staff reports. Cynthia Herzer would handle
the more complex planning issues. One or both of them would attend the
meetings. Presently Margaret spent two days at Town Hall and three days
at BKF working on the plan checks. The number of additional hours
spent at Town Hall would be worked out as needed. Ms. Webb did note
that a schedule would be needed however. It would not be possible for the
Town to continue the contract with BKF on a call on a moment's notice
basis.
Councilmembers discussed the pros and cons of the two proposals before them.
Tryon noted that Mr. Pastrof could explain the Town well and would be at
the front counter at Town Hall all the time during regular working hours.
He could help build a bridge between Town Government and those
coming in with projects. Hubbard pointed out the importance of
continuity, noting that BKF was familiar with all the current planning
projects.
The City Attorney stated that as a result of conflict of interest regulations, if Mr.
Pastrof had been involved in any projects in the Town within the last year
from which he gained financially, he would not be able to do any work on
said application. The City Manager also noted that the Town could not
41•0 carry insurance for contractors to the Town.
Council decided that at the end of the meeting they would adjourn to a closed
session to discuss these proposals.
8.3 Lands of Oshima - Acceptance of Improvements
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson
and passed unanimously to adopt Resolution #3-91 accepting
improvements related to Lands of Oshima
9. REPORTS FROM COMMII IEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
9.1 Youth Commissioner - Dana Dolan
Tryon commended Dana Dolan for her contributions to the Town as Youth
Commissioner. She was attending a public hearing on behalf of the Town
on Substance Abuse, had met with Dodie Alexander of Community
Services Agency and was working on the Gold Card Project. In addition
she was attempting to put together a ski trip for Los Altos Hills youths as a
community project. Several aspects of such a trip were discussed
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including waivers, insurance coverage, cost of bus and potential financial
risk. It was agreed that the schools and the YMCA would be contacted for
their input on such trips and for possible coordination of efforts. Council
asked the City Manager for an oral report on this at the next meeting.
10. STAFF REPORTS
10.1 City Manager
10.2 City Attorney
10.3 City Clerk
10.3a Report on Council Correspondence dated January 2, 1991
11. COUNCIL-INITIATED ITEMS
11.1 Appointment of Alternate to IGC
PASSED BY CONSENSUS: To confirm Councilmember Casey's appointment as
alternate to IGC.
L MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson
fir' and passed unanimously that the Town will pay the cost for
Councilmembers and City Manager to attend the Santa Clara County IGC
working dinner meeting on January 17th.
11.2 Authorization to Attend Mayors and Council Members Institute
January 23-25, 1991 in San Jose
PASSED BY CONSENSUS: To authorize attendance at the Mayors and Council
Members Institute by Mayor Pro Tern Hubbard.
11.3 Selection of Executive Recruitment Consultant
No action was taken on this item.
11.4 Report on Fees
Tryon asked the City Manager the status of his report on fees including
developer's fees and redevelopment agencies. He responded that he was
working on this project.
January 8, 1991
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11.5 Sun Country Cable
Tryon noted that Sun Country Cable had provided the Town with an updated
map of areas cabled.
11.6 Bay Area Council
Tryon commented on the Outlook Conference being sponsored by the Bay Area
Council and asked if Council was interested in authorizing attendance at
this conference by any Councilmembers. Councilmembers responded that
although it appeared to be very interesting there were other conferences
which had programs of more interest to the Town.
11.7 Development Guide
Tryon asked for a status report on the development guide at the next meeting.
11.8 Site Analysis
Tryon asked if a handout had been prepared on the site analysis policy and the
Planning Director noted she was working on it.
4 11.9 Sub-Committee on Circular Driveways
Johnson inquired as to the status of this sub-committee of which he and Siegel
were members. No action had been taken to date.
11.10 Rebuilding/Building Out Sub-Committee
Hubbard noted that a meeting of this sub-committee was scheduled for
Monday, January 14th at 5:30 p.m.
The City Council adjourned to a closed session for purposes of personnel at
10:00 p.m. and reconvened at 10:20 p.m.
The Mayor stated that the Council decided in Closed Session to approve an
amendment to the contract with Brian Kangas Foulk for interim planning
services.
January 8, 1991
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12. ADJOURNMENT
There being no further new or old business to discuss, the meeting was
adjourned in memory of Lynn Riches at 10:25 p.m. to an adjourned regular
meeting at 6:00 p.m. on Wednesday, January 16, 1991.
Respectfully submitted,
Patricia Dowd
City Clerk
0111, The minutes of the January 8, 1991 Regular City Meeting were approved at
the January 16, 1991 Council Meeting.
January 8, 1991
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