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HomeMy WebLinkAbout05/01/1991 (2) Minutes of a Regular Meeting May 1, 1991 Town of Los Altos Hills City Council Meeting Wednesday, May 1, 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 7:25 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson and Tryon. Absent: None Staff: Acting City Manager Richard DeLong; City Attorney Sandy Sloan; Director of Public Works Bill Ekern and City Clerk Pat Dowd Press: Cristal Borlik, Los Altos Town Crier �►' Tryon thanked the Purissima Hills Water District for their recent decision not to use flow restrictors in the Town and hoped the cooperative efforts between the Town and the District would continue in the future. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Commissioner Carico reported that in addition to the three planning items on tonight's consent calendar, the following item was on the 4/24/91 Planning Commission Agenda: Lands of Choo, 12581 Miraloma Way, request for a site development permit for a new residence, cabana, tennis court and swimming pool - denied. Carico also asked if there was any way Commissioner Stutz could participate in the Planning Commission meetings while she was ill and unable to attend the meetings. The City Attorney responded that video teleconferencing was allowed but not telephone. Council supported Commissioner Stutz being able to participate in the meetings even if she was unable to vote and at their request the City Attorney would look into the issue of speaker phones. Carico also referred to two corrections to the April 10th Commission minutes which she thought were important: 1) Commissioner Carico noted the Planning Commission and staff were there to protect him (Mr. Liu) as well as his neighbors and were not entertaining any May 1, 1991 1 form of victimization; and 2) Commissioner Comiso noted the discussion at the last Planning Commission meeting regarding outside living space as a finding for a variance and suggested it be agendized for discussion. Siegel stated that while he did not want to remove any planning item from the agenda he did have some questions about site development conditions of approval and the development figures for Lands of Movassate. Regarding Lands of Movassate he noted that the figures compiled by the Planning Consultant were incorrect and the applicant was quite close to maximum development allowed on the property. Siegel suggested the applicant be asked to file a letter with the Town stating that he knew he was at the maximum development allowed. Regarding the conditions, he referred to the use of standard conditions and stressed the importance of these conditions being uniform. The Director of Public Works stated he would relay these comments to the Planning Consultant for implementation. 4. CONSENT CALENDAR Item Removed: 4.3 (Hubbard) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Warrants: $42,488.07 (4/17/91) 4.2 Consideration of Whether To Concur with or Review the following Planning Commission Actions at Its Meeting on April 24, 1991: 4.2a Lands of Colo, 10401 Magdalena Avenue approved request for a Site Development Permit for a new residence and swimming pool. 4.2b Lands of Movassate, 125810 Mojan Lane: approved request for a Site Development Permit for a new residence. 4.2c Lands of Looney, approved request for a Conditional Development Permit, a Variance and a Site Development Permit for a deck and 280 square foot addition. 4.4 Support Legislation to create an Open-Space Authority in Santa Clara County (5131422) Item Removed: 4.3 Adoption of Findings for a Variance to the Maximum Development Area for 547 Square Foot Deck Addition, Lands of Wong, 11675 Dawson Drive May 1, 1991 2 Hubbard inquired about the procedure of voting on item in view of the fact that he had voted against the variance at the April 17th meeting. It was noted that at that meeting the City Attorney was directed to prepare the findings upon which the variance was granted for final approval at this meeting. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to adopt the findings as prepared by the City Attorney for a variance to the maximum development area for 547 square foot deck addition, Lands of Wong, 11675 Dawson Drive. AYES: Mayor Siegel and Councilmembers Casey and Tryon NOES: Mayor Pro Tern Hubbard ABSTAIN: Councilmember Johnson (He noted he had not been present at the April 17, 1991 Council meeting.) 5. PRESENTATIONS FROM THE FLOOR Judy Carico, 25311 O'Keefe, suggested Council consider a moratorium on water hookups if indeed the Town was going into its sixth year of drought. 6. PUBLIC HEARINGS 7. UNFINISHED BUSINESS 7.1 Urgency Interim Ordinance of the City Council Amending Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) with regard to nonconforming structures Casey stated that this urgency ordinance was not based on a Town-wide issue and it was only two weeks before Ordinance #344 which addressed these same issues became effective. She did not understand why this urgency ordinance was being discussed. Siegel stated that the urgency ordinance made it clear that staff was not to issue any building permits for conversions. Tryon noted that secondary dwellings required site development and the change of use was the problem addressed by the findings in the urgency ordinance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to waive further reading of the ordinance with the following changes: page 2, Section 10-1.401 should read: "The provisions of this chapter shall not prevent the reconstruction, repairing or rebuilding of any legal nonconforming structure, so long as the reconstruction, repair or rebuilding does not result in an increase in the nonconformity that existed prior to the damage or reconstruction and so long as the nonconforming structure is not converted to a secondary law May 1, 1991 3 dwelling."; Section 2: change "safety and welfare" to "safety or welfare"; ithisv Section 3, second sentence should read: "This ordinance shall remain in effect until Ordinance #344 is effective (May 17, 1991). AYES: Mayor Siegel and Councilmembers Hubbard Johnson and Tryon NOES: Councilmember Casey MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll vote to adopt Ordinance #345 an urgency interim ordinance of the City Council of the Town of Los Altos Hills amending Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) with regard to nonconforming structures. AYES: Mayor Siegel and Councilmembers Hubbard Johnson and Tryon NOES: Councilmember Casey 7.2 Employee Health Plans The Acting City Manager had prepared a report which included the recommendation that Council reconsider its December, 1990 action on health plans and decide on the basis and amount for Town contributions to the employees' health insurance costs effective July 1, 1991. He noted that after the Council decision in December to limit the number of carriers lbw that the employees could use in selecting their health care insurance, the Town had been advised that it did not have the option of further limiting the insurers beyond those specified by PERS. The Acting City Manager also reported on Casey's request that the following option be considered: "The Town would insure the employee only and would additionally pay to the employee an amount sufficiient for the employee to secure their own insurance for their dependents outside of the Town's PERS program" Casey stated that she was concerned about the cost of dependent coverage. She found from personal experience that it was much less expensive to get dependent coverage on an individual basis rather than through work. Tryon believed this was a burden to employees and questioned whether the cost savings to the Town were worth it. Council discussed the options, formulas and examples set forth in the Acting City Managers' staff reports dated 5/1/91 on this subject and on file at Town Hall. The Acting City Manager noted that due to time constraints he had not had an opportunity to do an in depth analysis of Casey's request. There were many factors which affected the rates such as head of household status, single parent and deductibles. He also noted that it appeared it was not possible to pursue the option proposed by Casey unless the Town ceased to be a part of the PERS Health Plan Program. This was possible by the ihsw May 1, 1991 4 Council adopting a resolution which would become effective on the renewal date of the Town's contract. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to rescind the December 19, 1990 action of the City Council relating to health plans and to state that effective August 1, 1991 the Town will pay the premiums for health insurance for Town employees, retirees and dependents from a State-approved list of insurance carriers but not to exceed a monthly contribution for one person of $162, two persons $318 and 3 or more persons $423. These maximum amounts shall be determined annually by determining the average premiums for the State-approved list of companies. 7.3 Applications of Town Logo Casey commented that there was no information on the applications of the logo but she did recommend that PRX be paid the $2,500 balance of their contract with the Town at this time. She noted that work would continue with PRX on finalizing the logo and they would put it on a disk as part of their contract with the Town. PASSED BY CONSENSUS: To authorize the final $2,500 payment to PRX at this time. 11* 8. NEW BUSINESS 8.1 Regulation and Mitigation of Solid Fences (Mayor Siegel) Council had before them the Director of Public Works' staff report which included his response to the owner of a new, highly visible fence on O'Keefe and which also noted that the current zoning and site develoment ordinances do not rigorously address fences. There are no constraints on the color of fences and the zoning ordinance only addresses the location and height of fences. Tryon commended the Director of Public Works on his excellent letter to the owners of the fence under discussion on O'Keefe and she suggested the fence be repainted an earthtone color and landscaped. Tryon also noted that a feeling of openness should be encouraged and mitigations could be imposed. For example, a solid fence could be covered with greenery. Siegel noted that fences were important to the community but the purpose of fences could be accomplished without building a wall. He commented that there were two occasions when fences could be addressed: at the staff level and at site development. Casey suggested that the slide show prepared on fences be reviewed. Hubbard believed a solid fence should be an earthtone color and possibly mitigated with vegetation. May 1, 1991 5 Judy Carico, Planning Commissioner, suggested the scenic element of the General Plan be reviewed and urged a joint meeting of the Council and Commission be scheduled to help clarify any misunderstandings about the intent of the ordinances. Council asked the Director of Public Works to keep them advised of any response received from the owner of the fence under discussion on O'Keefe. Siegel also commented that he would like to attend the meetings of the fence sub- committee consisting of Planning Commissioners Comiso, Jones and Pahl. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCIL MEMBERS ON OUTSIDE AGENCIES 9.1 Pathways, Recreation and Parks Committee: Review Detailed Mapping Project For a Specific Area MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to approve the Area R map prepared by the Pathways, Recreation and Parks Committee with the following corrections: sign off road path by 12291 and 12135 Barley Hill; sign on freeway path at 24300 Dawnridge with bridge and sign on Clausen subdivision; delete Dawnridge to Hilltop - 24444 Dawnridge 11872 Hilltop; and sign off-road path at 11871 Hilltop and 11839 Hilltop at both ends. 9.2 Safety Committee Tryon as Council liaison to the Safety Committee reported that she had attended the April 23rd meeting of the committee. She reported that the committee members indicated they had not been invited to attend the New Residents' Welcome Party on April 21 nor the Emergency Coordinators Meeting on April 9th. Tryon asked that special attention be given to the distribution of invitations to such Town meetings. 10. STAFF REPORTS 10.1 City Manager l0.la Schedule For a Budget Workshop PASSED BY CONSENSUS: To schedule an Adjourned Regular Meeting of the City Council to discuss the proposed budget for 7:15 p.m. Tuesday, June 4, 1991. 10.2 City Attorney May 1, 1991 6 10.2a Report on Appeal Process Council had received a report from the City Attorney which reviewed the Town's current appeal procedures for land use decisions. They discussed the current process which included the opportunity for any individual including Councilmembers to appeal a decision of the staff, Site Development Committee or Planning Commission. Council stated that they wanted to be sure they saw all applications for new homes, major remodels and secondary dwellings and they asked that the ordinances be modified to reflect this request. Johnson reiterated his opposition to the charging of Town expenses to the applicant whose permit was being appealed. A discussion also took place on the option of the Planning Commission becoming a recommending body on all applications. Casey asked that the appeal process and fees be agendized for discussion at a future meeting. 10.3 City Clerk 11. COUNCIL-INITIATED ITEMS 11.1 Oscar Sobel, 28266 Christophers' Lane, expressed his concerns to the Council regarding a letter he and his neighbors had received from Caltrans regarding their plans to remove part of their road. He was outraged this was occurring as they believed it created a serious safety problem and he wanted Council to address the matter. The Director of Public Works reported that he was unaware of any such project on Christophers by Caltrans and it was agreed staff would meet with Mr. Sobel to clarify what activity was taking place. 11.2 Method of Discussion of Site Development Ordinance in Relation to City Council, Planning Commission and Staff Prerogatives Regarding Architectural Design (Not a Full Discussion at this Council Meeting -- rather a decision whether to schedule a study session, hold a public hearing or appoint a sub-committee to address the issue) (Councilmember Casey) Casey stated that she raised this issue because of recent decisions which concerned her. One was the Finn application for a change in materials from shiplap to stucco. Why was this brought to the Council for a decision? Also the Nelson Subdivision had a height limitation of 23 to 24' but this became the height limit for all the homes on La Paloma. Was this the correct policy? Sir May 1, 1991 7 Siegel commented on the Finn application, noting that in some people's opinion the change in materials emphasized the height of the home. Johnson commented that the site analysis procedure may not be in place at this time because of short staffing at Town Hall but he believed this process would assist many applicants. Judy Carico, Planning Commissioner, referred to the Town's Code, Section 10-2.703 which noted that "For large and highly visible surfaces or buildings, special attention shall be given to the selection of exterior colors and construction materials that are not highly reflective." The Director of Public Works reported that a meeting had been scheduled for Friday, May 10th at Town Hall to discuss the Town's planning and building procecedures with contractors, builders, engineers, architects, anyone interested in projects in the Town. Councilmembers expressed an interest in attending this meeting but it was agreed if they did it was inappropriate for them to participate. 11.3 Cost Accounting Procedures as a Basis for Determination of our Fee Structure (Councilmember Casey) Casey stated that there should be a more defined accounting system for fees imposed on applicants. She did not support building subsidizing other areas of Town government. Siegel and Johnson commented that they did not believe this was an issue; currently the Town's costs were not even being covered by the fees. No action was taken on this item. 11.4 Report on July 4, 1991 Celebrations (Councilmember Casey) Casey reported that a huge event was being planned for several cities, including Los Altos Hills, to join a motorcade to Moffett Field for a celebration on July 4th. Ed Barnes was Chairman of the July 4th Moffett Field Celebration Committee. 11.5 Report from Environmental Design and Protection Committee (Councilmember Hubbard) Hubbard noted that he had attended the April 8th meeting of the Environmental Design and Protection Committee and had the following items to report: the importance of publicizing the locations and dates of May 1, 1991 8 the hazardous disposal pickups (Town Newsletter and Town Crier); need for new committee members with horticulture experience; need for an orientation meeting for new committee members; suggestion for a native plant garden in front of the Heritage House; commented that the Heritage Tree Ordinance was a positive step; and asked if sites were inspected before landscape deposits were returned (the answer was yes). It was agreed the Director of Public Works would work with the committee concerning the native plant garden and Council suggested that two Heritage Trees be budgeted for in the upcoming budget. Philip Dauber, Chairman - Finance Committee, asked if the vacancies on the Finance and Safety Committees were being advertised and he was advised that they were. 11.6 Selection of Alternate member for CHAC (Councilmember Hubbard) Council took no action on this selection at this time. 12. ADJOURNMENT There being no further new old business to discuss, the City Council adjourned at 9:45 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the May I, 1991 Regular City Council Meeting were approved at the May 15, 1991 Council Meeting. May 1, 1991 9