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HomeMy WebLinkAbout01/16/1991 (2) Minutes of a Regular Meeting January 16, 1991 Town of Los Altos Hills City Council Meeting Wednesday, January 16, 1991, 7:15 P.M. Council Chambers, 26379 Fremont Road I. 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, Mayor Pro Tem Hubbard, and Councilmembers Casey, Johnson, and Tryon. Absent: None Staff: City Manager Thomas Frutchey; City Attorney Sandy Sloan; 4r Director of Public Works Bill Ekern; Planning Consultant Margaret Netto; and City Clerk Pat Dowd Press: Cristal Borlik, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Sun Country Cable Lyn Simpson, Sun Country Cable, thanked the City Manager for his assistance and wished him good luck. She noted that they were nearly done with construction; had 500 subscribers, 111 sales pending installation and projected 1,060 subscribers by the end of 1991. Ms. Simpson commented that surveys were being done on what additional programs residents would like to see added. She also addressed digital audio, addressable taps, rate structure and house wiring. Regarding the wiring, it was suggested that anyone building a home be advised of the wiring requirements for cable tv. Brett Fontes, Sun Country Cable, reported that most of the major construction was completed except for one area of a joint trench including all utilities (El Monte and Voorhees). There was also a problem with one neighbor who did not want the cable tv workers on his property. Tryon commented that the neighbors beyond this thie January 16,1991 1 property, however, did want cable and she suggested Sun Country talk with the staff and the neighbors in an effort to resolve this issue. 2.2 Appointment to the CDBG Citizens Advisory Committee Council had received the Planning Director's staff report which noted that Planning Commissioner Comiso had expressed an interest in serving on this committee and former Commissioner Ed Emling had also indicated an interest in serving. Tryon questioned the composition of the committee and asked if any other public officials served on it. She also believed both applicants should be interviewed as Council usually followed this procedure when appointing to committees. Johnson pointed out that Council had suggested asking the Commissioners if any of them were interested in serving and if not considering Mr. Emling for appointment. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to appoint Edwina Comiso to the CDBG Citizens Advisory Group. AYES: Mayor Siegel and Councilmembers Casey, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Tryon Tryon stated she abstained because Council did not interview the applicants who were both present. 3. PLANNING COMMISSION REPORT Comiso thanked the Council for her appointment to the CDBG Citizens Advisory Committee and also thanked the City Manager on behalf of the Commission and wished him good luck at Campbell. Comiso referred to the report of the January 9th Commission Meeting which noted that the Commission had approved the application for Lands of Hansen and denied the variance application for Lands of Pulford. In response to an inquiry from Casey as to why the fence ordinance was not a priority of the Commission, Comiso responded that since there was presently a transition in Town staffing, they had decided to wait a few weeks to address this issue. Casey stated she believed the Commision should proceed without staff assistance and she hoped the Commission would proceed with this project. There was no direction from the Council on this matter. 4. CONSENT CALENDAR Items Removed: 4.1 - Minutes of Regular Meeting (Tryon), 4.3 (Siegel), 4.6 and 4.7 (Casey) January 16,1991 2 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: January 8, 1991 (Adjourned Regular) 4.2 Approval of Warrants: $179,102.33 (1/4/91) 4.4 Proclamation - Vietnamese Community Week - February 2-16, 1991 4.5 Appointing Bill Ekern as City Manager Pro Tern and Changing Checking Account Signature Card 4.7 Site Development Permit Extension, Lands of Lisac, 13850 Templeton Place Items Removed: It was agreed that items 4.1 and 4.6 would be discussed later in the meeting. Council asked staff to provide at that time the costs that the Wongs had paid for their variance requests. �Y► 4.3 Consideration of Whether To Concur with or Review the following Planning Commission Actions at Its Meeting on January 9, 1991: 4.3a Modification of a Conditional Development Permit and Site Development Permit for a New Residence, Lands of Hansen, Lot #19, Amherst Court Tryon stated her concerns about this application, noting that it was a difficult lot and the neighbors had expressed their concerns. Siegel stated that he intended to appeal this action of the Planning Commission so that Council may have the opportunity to review the project. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to concur with the Planning Commission's approval of a modification of a conditional development permit and site development permit for a new residence for Lands of Hansen on Lot #19 Amherst Court. AYES: Mayor Pro Tern Hubbard and Councilmembers Casey and Johnson NOES: Mayor Siegel and Councilmember Tryon January 16,1991 3 Siegel stated that he was appealing the approval by the Planning Commission of the Hansen application for Lot #19 on Amherst Court. The public hearing would be set for the next Council Meeting on February 6, 1991. 4.7 Site Development Permit Extension, Lands of Lisac, 13850 Templeton Place The Director of Public Works referred to his staff report dated 1/8/91 which noted that the site development permits for the reconstruction of the primary residence and the replacement of the pool house were granted 3/8/89. According to the Town's Codes, a site develoment permit becomes void if work has not commenced within one year of issuance. Mr. Lisac was granted an extension to December 1990 but after that date did not request an extension and the permit expired. Staff is unable to extend permits that have expired. It was further noted that there were several concerns about this project including neighbors complaints, drainage, length of time of construction, moving of heavy equipment and the fact that several projects on the property were being worked on at the same time. It was staff's recommendation that the permit be extended to 3/8/91. Mr. Lisac, applicant, explained that he would be unable to begin any of the work until the end of 1991 and until that time all projects would be on hold. Presently the earthwork and the pad for the pool had been done. Hubbard commented that Council should be particularly aware of the neighbors' concerns and if Mr. Lisac could not get the work done within the Town's ordinances, he could reapply for a new site development permit. Johnson noted that there were special personal circumstances in this case and Siegel noted that permits expire because conditions change. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to extend the site development permit for Lands of Lisac to 12/31/91 with the stipulation that no building permit will be issued until 12/31/91. 5. PRESENTATIONS FROM THE FLOOR 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 (continued from last meeting at request of applicant) tble January 16,1991 4 The Planning Director's staff report dated 1/8/91 noted that the basis of the Site Development Committee's denial for Lands of Liu was that the house was not "prairie style architecture" as required by the conditions of approval for the Matadero Creek Subdivision. Siegel commented that conditions of approval for lot #16 stated that the house had to be low profile, prairie style architecture. The issue before Council was whether or not the project before them met this condition. Mr. Jim Viso, 28215 Matadero Creek Lane and Chairman of the Matadero Creek Architectural Control Committee, stated that they would like to get the entire issue of the conditions of approval and CC&Rs for their subdivision resolved. He noted that there were five lots left to be developed and plans for the lot before Council had been prepared by two previous owners. The Committee had spent a lot of time reviewing these plans for lot #16 and it was not just a question of height, but a question of low profile, prairie style which was very broad in its application. The neighbors as well as the Architectural Control Committee were all in favor of Mr. Liu's plans and felt that this house was compatible with the rest of the homes in the subdivision. It was also noted that Lot #18 also had prairie style as a condition and the house on that lot had been approved by the Town and therefore could be considered a standard for what the Town considered prairie style. Edwina Comiso, Planning Commissioner, stated that the Commission did not deny the project per se but did not believe they had enough information to determine whether or not the house was prairie style. She noted that they also did not realize that Lot #18 had the same condition. Mr. Ken Pastrof, Boulder Creek, commented on the Frank Lloyd Wright style of architecture as an example of prairie style architecture. He also questioned where the expertise was in Town Hall on this issue since there was no Town architectural review committee. Pong Ng, applicant's architect, commented that he believed the issue was whether or not Council believed this house met the intent of the low profile prairie style condition imposed on the lot. It was not necessarily a technical issue. Mr. Ng had reviewed lot #18 as an example and had designed a home which was unobtrusive and fit into the neighborhood. The house had a low roof pitch, horizontal element, long eaves, was spread out and was not a monument when you drove up to it. In addition the exterior of the house fit in with the rest of the house and while it was three stories in part this was alleviated by the design and orientation of the house. Mrs. Liu, applicant, addressed the issue of Town procedures and the difficulties of proceeding with a project. She commented on the style of home which she and her family wanted for their new home and stated that she was not aware of the January 16,1991 5 restrictions on her property. In addition, Mrs. Liu noted that only two people behind her would be able to see that her house was three stories and all of the neighbors had supported the project. MOTION SECONDED AND FAILED: Moved by Casey, seconded by Johnson and failed by the following roll call vote to state that the proposed house for 28635 Matadero Creek Lane was consistent with the condition that the house be low profile, prairie style architecture. AYES: Councilmembers Casey and Johnson NOES: Mayor Siegel and Councilmembers Hubbard and Tryon Siegel commented on getting statements from architects that the house was prairie style. He noted that low profile was a key factor and the height of the house was a concern. He further noted that he had not seen Lot #18 and believed this was an important factor. Fairness was an issue. Johnson thought it was unfortunate that the word "prairie" had been included as part of the condition. He believed the house before them was similar to the house on Lot #18, was generally in style with the other homes in the subdivision and was not inconsistent with prairie style. Johnson also stated that he believed hiring an architect was an expensive and useless experience. How would one find such an objective opinion. He thought it was shirking one's responsibilities that the Council could not decide what was low profile prairie style architecture. Casey agreed with Johnson's comments and stated that it was the Council's obligation to see that the intent of the conditions were met and the integrity of the neighborhood was maintained. In her opinion not two or ten architects could agree on low profile, prairie style architecture. Tryon noted that both staff and the Planning Commission had recommended denial. She believed the Council had an obligation and that this was a unique lot in Town. Hubbard commented on open space and the fact that the Council who approved the conditions and CC&Rs for Matadero Creek seemed to looking for a variety of architectural styles. As he was not an architect he was not qualified to decide a style but a professional opinion could be obtained from a licensed architect. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to continue Lands of Liu to the 2/6/91 Council Meeting and to direct staff to obtain the opinion of an architect on which aspects of the proposed house for Lands of Liu are consistent with low profile, prairie style architecture. The chosen architect will visit both Lots #16 and #18 in the Matadero Creek Subdivision, will meet with staff and Mr. Ng at the same time to discuss the various aspects of the project, and will report back to the Council at the 2/6/91 Council Meeting. The costs incurred for the architect's time and opinion will be paid by the Town. ngliws January 16,1991 6 IRV 6.2 Request for variance from the Town's septic drainfield regulations, Lands of Hockett, 12200 Edgecliff Place Mr. William Hockett, applicant, stated that he concurred with the recommendations in the 1/8/91 Director of Public Works' staff report. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to require the construction of a primary leachfield in conformance with Town Standards; to waive the requirement for an area to accommodate construction of a new, separate field (100% expansion cabability) provided an agreement is recorded against the property obligating the property owner to connect the sanitary sewer upon the failure of the primary system. Agreement will include the stipulation that the property owner will provide verification of the satisfactory functioning of the septic system every three years for approval and acceptance by the Santa Clara County Health Department and the Town. 7. UNFINISHED BUSINESS 7.1 Interim Planning Services Tryon referred to the action taken at the last meeting and noted that this was not a closed session issue. Regarding the possible conflict of interest issue raised concerning Ken Pastrof, she noted that Brian Kangas Foulk also had clients in the Town. Tryon believed that it would be more cost effective for the Town to contract with Ken Pastrof for interim planning services. By doing this, Brian Kangas Foulk would still be available on their regular schedule of Tuesdays and Thursdays at Town Hall and Ken Pastrof would be available on a regular basis at Town Hall. Johnson supported Tryon's comments. Mr. Ken Pastrof asked for clarification of what action was taken at the last meeting. He reiterated his belief that he was the best choice for interim planning services for the Town based on his expertise, history with the Town and charges for services. The City Attorney noted that there was a difference between actions involving employees and actions involving independent contractors and closed session issues. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to adopt Resolution #4-91 approving and authorizing execution of agreement No. 2 to agreement ' between the Town and Brian Kangas Foulk. January 16,1991 7 AYES: Mayor Siegel and Councilmembers Casey and Hubbard NOES: Councilmembers Johnson and Tryon 7.2 Closed Session: Personnel: City Manager Recruitment: Pursuant to Government Code Section 54957 The City Council adjourned at 10:05 p.m. to a Closed Session for purposes of personnel and reconvened at 10:35 p.m. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to authorize a contract appointing Norman Roberts & Associates as the recruiting firm for a new City Manager and to appropriate $12,000 for this contract. 8. NEW BUSINESS 8.1 Annual Pathway Improvement Project Council discussed the issue of upgrading the Town's Pathway Master Plan. Siegel suggested working on this master plan which would show the easements the Town has by area and it was agreed he and Dot Schreiner would work together on this project. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, commented that they know of off-road paths which are open and could be signed. There are also paths which are obscure and still have the old posts. She noted that there should be a paper trail and reasonable care should be taken by the Town to maintain the paths. If a path was marked the Town was responsible to maintain it. Hubbard raised the issue of maintenance funds and Tryon commented on the liability issue and also on a reporting of how the allocated funds are spent on path maintenance. Both Casey and Tryon noted that their priority was on-road paths. The City Attorney noted that if the Town had a path, it should maintain it. A discussion followed on the frustration of certain residents that the Town does not keep its paths clear so they do it themselves. The question was raised as to whose responsibility it was to clear trees growing onto paths. The Director of Public Works noted that the tree could be cut back to the fence or the issue could be discussed and negotiated with the owner. Casey noted that it was frustrating for committee members to constantly advise the Town of such path situations and yet not be able to do anything about them. She suggested agendizing a policy statement on this matter for a tire January 16,1991 8 later meeting. She also suggested scheduling a special meeting to discuss pathway maintenance before the budget hearings. PASSED BY CONSENSUS: Council agreed in general with the following approach: when legal rights to an offroad path completely linking two Town roads are substantially secured, the pathway has been or can be constructed, and maintenance funds are adequate, the Committee will submit a request to the Public Works Director for Council designation as a Town Path. If, after a file search, the Public Works Director agrees that all required legal dedications and easements have been offered, accepted, and recorded, then the request will be placed on the Council consent calendar. Upon approval by the Council, Town staff will erect the approved marker posts and ensure necessary maintenance is carried out every year. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, raised the issue of slippery driveways. It was noted that an article would be put in the next Town newsletter and information would be available at Town Hall. It was a serious issue and not only did the public need to be educated on how to avoid putting in slippery driveways but also the issue of how to handle driveways in existence that were slippery needed to be answered. PASSED BY CONSENSUS: To direct staff to look into the issue of slippery driveways. 8.2 Application for Urban Streams Restoration Program Grant, for Adobe Creek Repair Design, 1991 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to adopt Resolution #5-91 endorsing application for an Urban Streams Restoration Grant 8.3 Santa Clara County Household Hazardous Waste Collection Program and "Tanner" Implementation Agreement Tryon stated her concerns with the staff recommendation that Town Hall and the corporation yard be designated permanent sites for the location of a mobile trailer acting as a hub for Household Hazardous Waste Collection. She did not believe Town Hall was appropriate as it was in a residential neighborhood and the corporation yard was not appropriate as it was too close to the little league fields and there was the problem of entering and exiting the yard. She recommended Foothill College be contacted as a site ` in Town for this program �I► January 16,1991 9 MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Siegel and passed unanimously to agree to enter into a memorandum of understanding with the County for the management of the County Hazardous Waste (Tanner) Program; to inform the County of the Town's willingness to participate in a County-wide Household Hazardous Waste Collection Program; to determine the level of participation appropriate for the Town in such a program; and to work with Foothill College to determine the permanent site for the yard waste drop off and for the location of a mobile trailer acting as a hub for Houshold Hazardous Waste Collection. 8.4 Approving a Change to the Classification Plan Authorizing the Hourly Class of Building Official and Rescinding Resolution #48-90 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to adopt Resolution #6-91 approving and authorizing the part-time position of Building Official and rescinding Resolution #48-90. 8.5 Personnel Rules and Regulations and Retiree Health Benefits PASSED BY CONSENSUS: To continue this item to the next meeting. it MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to go past the 11:30 p.m. hour of adjournment. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 10. STAFF REPORTS 10.1 City Manager 10.1.1 Magdalena Avenue Storm Drainage Project Update PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 10.1.2 Pay Phone at Bullis/Purissima The City Manager reported that Bullis/Purissima School had gratefully accepted the Town's offer to pay the $240 installation charge for a pay phone booth at the school. January 16,1991 10 10.1.3 Report on Proposed Ski Trip for Los Altos Hills Youths Hubbard reported that he had attended a meeting with representatives of the YMCA and Dana Dolan. The YMCA and the Town were working together to organize the ski trip and Hubbard believed this was a great opportunity for youth leadership and youth recreational activities for the Town. He commented on such projects as youth in government programs and suggested providing some seed money to get such programs started. Casey stated she would not financially support recreation programs for Los Altos Hills Youth as she believed they could afford such events and there were other more important programs to support. It was suggested this issue be discussed at budget time. 10.1.4 Status Report on Development Guide PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 10.1.5 Town Logo The City Manager reported that the total cost of finalizing the Town Logo, including the preparation of photo ready originals for stationary, business cards, etc. would be $6,645. Council discussed the pros and cons of proceeding with this project. Casey stated it was very difficult to get people to agree on a logo and believed this issue should be discussed during the budget process. Sid also believed this project should be deferred, in part due to financial considerations. MOTION SECONDED AND FAILED: Moved by Tryon, seconded by Johnson and failed by the following roll call vote to authorize the City Manager to proceed with PRX, Inc. on the completion of the Town Logo project and to authorize a total expenditure for the project of $6,645. AYES: Councilmembers Johnson and Tryon NOES: Mayor Siegel and Councilmembers Casey and Hubbard 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence dated January 9, 1991 January 16,1991 11 Tryon asked that the letter from Julie Peacock concerning the safety of 11110, Altamont Road be agendized for the next Council meeting. 11. COUNCIL-INITIATED ITEMS 11.1 Disaster Relief Tryon asked that the issue of disaster relief for the freeze be agendized. 11.2 Senator Boatright's Bill - SB 169 Tryon asked that SB 169 be agendized. 11.3 Capt. John Stefanki and Lena Broydo Tryon noted that two Los Altos Hills residents had recently been honored for their accomplishments. Captain John Stefanki won an award recognizing notable achievements in method design, invention study or other improvements in civil or military aviation. Lena Broydo won the award for public relations executive of the year. 11.4 Los Altos Rotary Aid Project Casey noted that the "Los Altos Story" had won the cable tv industry's highest award, the Ace Award, on January 13, 1991. 11.5 Articles Written by City Representatives Tryon noted that Planning Commissioner Clyde Noel was currently writing articles for the Los Altos Town Crier. She referred to the Town's policy on Council and Commission correspondence and personal contacts with outside agencies and believed Mr. Noel should state in his articles whether or not he was speaking as a Planning Commissioner. Council took no action with Siegel commenting that he did not want to interfere with free speech. 11.6 IGC Solid Waste Committee Council did not make any nominations to the IGC Solid Waste Committee. 11.7 Items Removed from the Consent Calendar 11.7.1 Request for Fee Waiver - Wong, Dawson Drive January 16,1991 12 Staff reported that in 1988 the Wongs had paid $945 for their variance application of which $650 had been returned. Currently there was a $250 fee and a $500 deposit on file. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to deny the request from Mr. and Mrs. Winston Wong for a fee waiver. 11.7.2 Approval of Minutes: January 8, 1991 Regular Meeting Tryon referred to page 11 and the action taken by the Council in Closed Session regarding interim planning services. She noted that this was not the appropriate way for the issue to be addressed and suggested the minutes be corrected. Council made no changes to the minutes noting that they reflected what happened at the meeting. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to approve the minutes of the January 8, 1991 Regular City Council Meeting. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 11:50 p.m. to an Adjourned Regular Meeting at 6:00 p.m. on Monday, January 21, 1991. Respectfully submitted, Patricia Dowd City Clerk The minutes of the 1/16/91 Regular City Council Meeting were approved at the 2/6/91 Council Meeting. January 16,1991 13 Minutes of an Adjourned Regular Meeting January 21, 1991 Town of Los Altos Hills City Council Meeting Monday, January 21, 1991, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Siegel called the Adjourned Regular Meeting of the City Council to order at 6:00 at Town Hall. All Councilmembers were present. 2. INTERVIEWS OF POTENTIAL ACTING CITY MANAGER The City Council adjourned to a Closed Session for purposes of personnel at 6:05 p.m. and reconvened at 7:25 p.m. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by `r Tryon and passed unanimously to appoint Richard DeLong as Acting City Manager and to authorize the preparation of a contract for approval at the February 6, 1991 Council Meeting. The contract will reflect a cost of $6,000 per month, plus a $150 per month car allowance. Mr. DeLong will start the second week in February. 3. PRESENTATIONS FROM THE FLOOR 4. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 7:30 p.m. Respectfully su itted, Patricia Dowd, City Clerk The minutes of the 1/21/91 Adjourned Regular City Council Meeting were approved at the 2/6/91 Council Meeting.