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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) January 8, 1991 1 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 January 8, 1991 2 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 3 `, 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 January 8, 1991 4 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. 41/ January 8, 1991 5 � 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 January 8, 1991 6 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 7 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 January 8, 1991 8 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 �/ January 8, 1991 9 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 10 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 11 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 12