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HomeMy WebLinkAbout09/05/1990 Minutes of a Regular Meeting September 5, 1990 Town of Los Altos Hills City Council Meeting Wednesday, September 5 , 1990, 7:15 P.M. Council Chambers, 26379 Fremont Road Mayor Siegel called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Present: Mayor Siegel, Mayor Pro Tem Hubbard, and Councilmembers Casey and Tryon. Absent: Councilmember Johnson 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: Mary Fortney, Peninsula Times Tribune 2. APPOINTMENTS AND PRESENTATIONS 2.1 Status Report by Lyn Simpson of Sun Country Cable Lyn Simpson, Sun Country Cable, reported that to date there had been no complaints regarding sales activity in the Town. The doorhangers stating they will be back in 48 hours seemed to be well received. There had been two problems. One was that over Labor Day weekend many people were out of Town and the other was that installations were taking longer than expected. Therefore, they were holding back on the sales activity for a couple of days to catch up. Presently 40-50 homes were on line and 50% had been reached. She reminded everyone of their celebration party on Friday at the Little League Fields and hoped they would all be able to attend. 2.2 Presentation by Jim Pierson of the Santa Clara County Traffic Authority of the Draft 1990 Strategic Plan Jim Pierson, Santa Clara County Traffic Authority, gave a status report on the 1990 Draft Strategic Plan. He noted that 1/3 of the program was completed or underway: 101 the widening would be completed by the end of 1992; 85 would be completed by the end of 1993; and 237 would be completed by the end of 1993 except for the Great September 5, 1990 America Project which should be done by the end of 1994. Some interim delays had `' been experienced because they were designing too quickly for other agencies to keep pace. Although the plan had a projected completion date of 10 years, they anticipated completing it in 8. Thus, a decision would have to be made regarding short-term financing if the earlier completion date were met. Mr. Pierson asked for any comments on the plan from Council by the end of the month. In connection with this subject, the Mayor noted that Brian O'Toole had resigned from the Traffic Authority and a meeting would be held on the 10th to name a replacement. If anyone was interested in this appointment, they should let him know. 3. PLANNING COMMISSION REPORT (None) 4. CONSENT CALENDAR Items Removed: 4.1 (8/1/90 and 8/15/90 regular meetings),4.6,4.7(Casey); 4.5 (Siegel) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: `' 4.1 Approval of Minutes: August 1, 1990 (Special Meeting) 4.2 Approval of Warrants: $89,607.53 (August 20, 1990) 4.3 Financial Report: July, 1990 4.4 Acceptance of the Offer of Dedication of the Property on Lands of Rooker, 25685 Fernhill Avenue -- Reso #44-90 4.8 United Way's Blitz Week, October 14-20 — Proclamation Items Removed: 4.1 Approval of Minutes for August 1 and August 15, 1990 Regular Meetings The following changes were made to the minutes before Council and it was agreed to defer approval of both sets of the minutes to the next meeting to allow time for Mrs. Carico to submit her amendment in writing to the 8/1/90 minutes and to allow the City Clerk to check the tape regarding Lands of Circle on the 8/15/90 minutes. September 5, 1990 2 `lw PASSED BY CONSENSUS: To correct the roll call vote on page 5 of the 8/1/90 minutes to reflect Mayor Pro Tem as a no rather than yes vote. MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Hubbard and passed unanimously by all members present to amend paragraph five on page 6 of the 8/1/90 minutes as follows: "Several Councilmembers including Casey discussed. Other Councilmembers further noted PASSED BY CONSENSUS: To make the following amendments to the 8/15/90 minutes: page 4, last paragraph of Item 6.2 should read: ". she did not support a height limitation included in condition 15."; page 4, Item 6.3, first paragraph should read: ". . . .visited the property. Hubbard had spoken with the applicant and Tryon had spoken with Ken Pastrof."; fourth paragraph should read: ". . . .agreed with staff report recommending denial . . . "; page 7, Item 8.2, add the following to the title: "for a six-month period"; second paragraph should be Jones and Pahl instead of Noel and Carico and third paragraph should be Phil Dauber instead of Jones; page nine, first paragaph should read: "Councilmember Tryon complimented Mary Christie on her recent article in the Town Crier." klir 4.5 Acceptance of Improvements, Lands of Ridgeview Estates, Prospect Avenue Siegel noted his safety concerns about the ditch and the pathway and Hubbard commented on the surfacing of the pathways. Oiling should not be allowed in the Town. The Director of Public Works noted these concerns would be addressed. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to adopt Resolution #45-90 accepting the improvements for Lands of Ridgeview Estates. 4.6 Joint Powers Agreement, Community Development Block Grant Urban County Program FY 1991-93 Casey asked for clarification of this item and was advised that participation in this program would demonstrate good faith efforts on the part of the Town to further the efforts at accommodating affordable housing in the area. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously by all members present to direct staff to prepare a report on the process whereby the funds already available to the Town through this program September 5, 1990 3 44 would be utilized to assist an affordable housing project in an adjacent community through one of the private affordable housing providers. Tryon asked if the funds could be used outside of Santa Clara County and was advised that they probably could not but staff would look into this when preparing their report. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to adopt Resolution #46-90 authorizing the City Manager to enter into a Joint Exercise of Powers Agreement and Cooperation Agreement to undertake or to assist in the undertaking of essential activities pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended for fiscal years 1991-93. 4.7 Request for Comment--Foothill College Environmental Impact Report New Office Development at the Willard Griffin House Site Casey commented on the proposed letter to be sent by the Mayor to Environmental Sciences Associates on the environmental impact report for the Griffin House. In her opinion this letter did not reflect all the work which has already been done evaluating the proposed use of the house. It seemed to be a waste of time and money not to clearly state what steps had already been taken and what issues had already been addressed. Council was advised and several Council members indicated that all the issues be addressed in the environmental impact report. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously by all members present to approve the letter dated 9/5/90 from the Mayor to Environmental Sciences Association concerning the Griffin House. 5. PRESENTATIONS FROM THE FLOOR Mrs. Shari Emling, 11853 Murietta Lane, stated that she was speaking for Planning Commissioner Carico who was unable to be at this Council meeting. Mrs. Carico asked that the minutes of the regular City Council meeting on 8/1/90 be amended to reflect her comments on Lands of Finn. Her comment was that the approval of the driveway relocation put the oak tree in jeopardy. Council asked that Mrs. Carico put her request in writing. Mrs. Emling also raised the issue of the safety of the Town's pathways. Her daughter had recently been injured in an accident involving slick driveways crossing pathways. A motorcycle scared the horse her daughter was riding and the horse lost its footing on the slick driveway. Mrs Emling strongly supported spending more money on improving the Town's paths as this was a safety issue particularly for the children. September 5, 1990 4 Mrs. Mary Stutz, 25310 Elena, commented that a similar accident occurred five years ago on the same slick driveway as the one Mrs. Emling's daughter had been injured on. Council asked the Pathways, Recreation and Parks Committee to study the issue of safe surfacing for driveways as they related to paths and asked staff to look into the accident history of the driveway under dicussion. Mrs. Betsy Bertram, 11854 Page Mill Road, raised the issue of recycling and noted that because of the new program she had gone from 2 garbage cans to 1/2 a can. She asked if it was possible to have garbage picked up every two weeks. The City Manager responded that the Department of Health does not allow biweekly collection of putrescibles; biweekly collection of non-putrescibles could not occur until the computerized garbage trucks were in place. Then they would have the capability of knowing who was to have garbage picked up and during which weeks. It was noted that an article in the newsletter advising residents that they could decrease the number of garbage cans they were using would be helpful. Mrs. Bertram also raised the issue of the Spirit of the Hills event scheduled for September 22, 1990 and stated that she objected to the Mayor inviting people to attend on behalf of the Town. Mrs. Rosemary Meyerott, Town Historian, referred to the earlier discussion on the Griffin House and noted that she had been contacted by Mr. Russell of Environmental Services Associates and they had a meeting scheduled to go over all the materials on the Griffin House which the Town had accummulated. Mrs. Ruth Buneman, 12655 LaCresta, commented that there were several places one could take cardboard for recycling. One was the Stanford Campus and one was ABC recycling in Santa Clara. At ABC they would pay for the cardboard turned in. Mrs. Denise Quattrone, owner of Lot#5 - Middlefork Lane, noted that she had prepared a letter for the Council and the Commission to review. In the letter she reviewed the process they had gone through in getting their project approved and she had several recommendations and comments on how the process might be improved. Mrs. Quattrone also suggested a meeting with the Council and the Commission of ten to twelve people who had recently gone through the Town's procedures to discuss methods of improvement. September 5, 1990 5 6. PUBLIC HEARINGS 6.1 FY 1990-91 Operating and Project Budget 6.1.1 Adoption of FY 1990-91 Operating and Project Budget a) Approval of Revenues, Operating Budget Appropriations Project Carryovers, and Project Appropriations Siegel suggested that the public hearing on the budget be continued and Council focus their attention on the proposed fee schedule at this meeting. PASSED BY CONSENSUS: To continue the public hearing on the adoption of the FY 1990-91 operating and project budget to the September 19 Council meeting. b) Approval of Proposed Fees, Deposits, Charges for Services and Other Assessments A. Richard Jones, 12660 LaCresta, stated that he did not think it was appropriate to double the building fees for small projects. Casey stated that she did not believe there was enough information nor rationale on the impact to the Town on the new and old fee schedules. Council discussed the issue of current and proposed fees and made the following decisions regarding the sections of the fees reviewed. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to increase the storm drain fee from 24 cents to 40 cents. AYES: Mayor Siegel and Councilmembers Hubbard and Tryon NOES: Councilmember Casey ABSENT: Councilmember Johnson PASSED BY CONSENSUS: To increase the fee for real estate review from $25 to $50. gar September 5, 1990 6 c MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Siegel and passed unanimously by all members present to not increase the fee for satellites and fences. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to increase the fees for site development committee level review and approval, conditional use permits, conditional development permit, major variances and site analysis as proposed in the staff report prepared by the City Manager and to not increase the fees for minor variances and for permits requiring measuring but no grading or drainage and those for grading and/or drainage including retaining walls. AYES: Mayor Siegel and Councilmembers Hubbard and Tryon NOES: NONE ABSENT: Councilmember Johnson ABSTAIN: Councilmember Casey 6.1.2 Adoption of a Revised FY 1990-91 Appropriations Limit Continued to a date uncertain. 6.1.3 Adoption of Proposed Budgetary and Financial Policies MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously by all members present to adopt Resolution #47-90 delegating the authority to the City Manager to investigate and resolve general civil liability claims of less than $5,000 filed against the Town; to adopt the policy regarding funds for nonprofit and other community organizations dated 9/5/90 (on file at Town Hall); and to adopt the policies regarding fixed assets - recordation and depreciation dated 9/5/90 (on file at Town Hall). 6.1.4 Approval of Contract with Dave Linebarger Mr. Philip Dauber, Chairman - Finance Committee, commented that part of the contract called for payment of 65% of the actual plan check fee. Since Council was considering increasing the fees 50-100%, he strongly recommended including the phrase 'as of 1/1/90' after plan check fee. Council also discussed methods of monitoring this contract in order to ascertain at a later date if it was economicially feasible to continue with the contract or whether it would be better to hire a building official. Staff pointed out that part of the contract also included the ongoing education of the Town's building inspector, Bill Carino. A discussion was held on September 5, 1990 7 the issue of insurance and it was agreed staff would contact the Town's insurer to discuss coverage for Mr. Linebarger. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously by all members present to adopt Resolution #48-90 approving and authorizing execution of an agreement between the Town and David Linebarger subject to the issue of insurance being satisfactorily addressed and reflecting the correction "65% of actual plan check fee as of 1/1/90". MOTION SECONDED AND CARRIED: Moved by Seigel, seconded by Casey and passed unanimously by all members present to direct the City Manager to advise Council when the contract with Mr. Linebarger went over $2,000 a month. 7. UNFINISHED BUSINESS 7.1 Ouarry Hills Subdivision - Request for an Extension to December 5, 1990 for Consideration of the Proposed Tentative Map for the Lands of Quarry Hills Council had received a request from Mr. Vidovich for a 90-day extension on all pending matters relating to the subdivision of the Neary Quarry and adjoining lands. The staff's recommendation was to deny without prejudice the requested tentative map. Mr. Vidovich, applicant, commented that his project had been going on for a long time and he did not see what benefit it would be to the Town to deny his map at this time. He further commented that he had just received the staff report on Monday and that was the first he had heard of the staffs recommendation to deny. He had not had an opportunity to review this option with his lawyers. Siegel commented that he was concerned about the time allowed to review the project. Once it was submitted would the applicant concur with a six-month extension on the review process. The City Attorney referred to legislation such as the Permit Streamlining Act concerning such applications and recommended that the application be denied, allowing the applicant to resubmit the same application and with no additional fee if Council wished. Her concern was establishing a clean date on the application. Several extensions had been granted and timing was a factor. September 5, 1990 8 The Director of Public Works noted that a tentative map had been 4111, submitted with portions of the map deleted after the election results on the quarry issue. The original application had never been withdrawn. For the last extension, the applicant did not submit a map identifying geologie concerns. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed by the following roll call vote to grant an extension to September 20, 1990 for consideration of the proposed tentative map for the Lands of Quarry Hills. AYES: Mayor Siegel and Councilmembers Casey and Hubbard NOES: None ABSENT: Councilmember Johnson ABSTAIN: Councilmember Tryon 7.2 Approval of FY 1989-90 Budget Adjustments MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the budget modification dated 9/5/90 (on file at Town Hall) required to close the books for fiscal year 1989-90. klw 7.3 Ordinance Eliminating the Requirement that Property Owners Provide Addresses of Adjacent Property Owners and to Add the Appeal of Certain Decisions by a Planning Commissioner or a Councilmember Without a Fee (FIRST READING) Casey commented that she believed the Councilmember should have to pay the fee unless it was the majority of the Council appealing a decision. Planning Commissioner Jones suggested that the requirement be two Commissioners or three Councilmembers to avoid any problems or abuse by single members. PASSED BY CONSENSUS: To continue this item and to direct the City Attorney to modify the proposed ordinance to include site development appeals and to waive appeal fees when two Commissioners appeal the decision of staff or site development or one Councilmember appeals any staff, site development or Commission decision. 7.4 Discussion of Priorities Regarding Land Use Issues MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed by the following roll call vote to approve the following 4 schedule for 6:00 p.m. Adjourned Regular Meetings: 9/19/90 Site ir September 5, 1990 9 Development Ordinance, 10/3/90 Process, 10/17/90 Architectural Review rr and 11/7/90 Hilltops, Ridgelines and Small Lots. AYES: Mayor Siegel and Councilmembers Casey and Hubbard NOES: Councilmember Tryon ABSENT: Councilmember Johnson Tryon stated that she thought the discussions scheduled for October 17 and November 7 should be discussed together on the 17th. PASSED BY CONSENSUS: To go past the 11:30 p.m. hour of adjournment. 8. NEW BUSINESS 8.1 Request For Waiver of Encroachment Permit Fees for Fence at 12100 Foothill Lane This item was continued at the request of the applicant. 8.2 Council Disclosure Policy PASSED BY CONSENSUS: To continue this item to the next meeting for a discussion by the full Council. A. Richard Jones, Planning Commissioner, commented that he assumed the Commission would follow the procedures established by the Council. 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 9.1 Annual Report from the Pathways, Recreation and Parks Committee Mrs. Dot Schreiner, Chairman - Pathways Recreation and Parks Committee, referred to page two of their report and noted that questions on legal liability and standard of care had been referred to the City Attorney. She also commented that there was a problem with slick driveways and suggested a letter be sent to those whose driveways were a problem. Siegel commented the Pathway Sub-Committee would be meeting in the near future. The Director of Public Works noted that the ordinances did state that driveways crossing paths must be roughened but this was difficult to enforce. Tryon expressed the thanks of Council to Mrs. Schreiner for all the work the committee had done and for an excellent report. September 5, 1990 10 9.2 Re ort from the Safet Committee on Status of Emernenc Pre.aredness Mrs. Marcia Thompson, Chairman - Safety Committee, reported that a very successful meeting had been held in March on Emergency Preparedness and the coordinators were most eager to get the handbook which was being prepared by the Town. There had been several delays in part due to the budget discussions but she was most anxious to get Council approval and move forward with this project. The draft which Council had received at this meeting had been redone by Councilmember Tryon who was Council liaison to the Safety Committee. While there was some argument as to which draft, Tryon's or the Committee's, was better, Mrs. Thompson believed that in the best interests of the Town the draft before Council should be approved. Siegel commented that as they had just received the draft handbook and had not had an opportunity to comment on it, they would not be able to make a decision regarding it at this meeting. Tryon also noted that the City Attorney should also review it. Mrs. Linda Kramer, member - Safety Committee, asked if a special meeting of the Council could be held to finalize the handbook and also to clarify the role of the Safety Committee. PASSED BY CONSENSUS: To refer any comments on draft of the handbook to ear Marcia Thompson and to agendize approval of the handbook for either the September 19th or October 3rd meeting. 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney The City Attorney noted that she had been asked to address the issue of Councilmembers participating in Planning Commission meetings. She stated that while she believed it was appropriate for Councilmembers to attend any meeting, they should not take part in the meetings. If they did advocate a position at such a meeting, they would not be able to deal with it fairly at a later date. 10.3 City Clerk 10.3.1 Report on Council Correspondence dated 8/29/90 September 5, 1990 11 11. COUNCIL-INITIATED ITEMS 41, 11.1 Discussion of Recent Correspondence with Dr. Hau (Councilmember Casey) Casey stated two concerns with the 7/12/90 letter from the City Planner to Mr. Hau regarding his proposed new residence on Fremont Road. First, the letter misrepresents what the applicant was asking for and second the wording of the proposed conditions. Siegel noted that he did not understand why Dr. Hau was addressing the Council. The application was at the staff level; it had not even reached the public hearing stage yet. Tryon stated that there was no staff report nor a letter from Dr. Hau. She believed this action disrupted the normal procedures involved in an application. Casey stated that no action was being requested. Dr. Hau, applicant, commented that he was a new citizen in Los Altos Hills and hoped to enjoy the same freedoms as elsewhere. He was of Chinese background and he believed he was being singled out. He had not initiated this meeting. It had been put on the agenda by Councilmember Casey. He was trying to build his dream house in the Hills (approximately 18,000 square feet on six acres) and their project was in conformance with the Town's regulations. Part of the home was a concert area for his three children who were concert pianists. Dr. Hau stated that he believed that hor staff should do everything to help someone spending a few million dollars to build in the Hills. Mr. Wendell Roscoe, applicant's designer, noted that the application had been submitted in January of 1990. He referenced the concert area and also commented on the issue of religion. Mr. Roscoe noted that Dr. Hau had served as a translator for the Reverend Billy Graham. Mr. Roscoe referred to the Planner's letter of 7/12/90 in which he said the Planner had stated that Dr. Hau was trying to circumvent the Town's regulations. Mr. Roscoe stated he believed this was a stupid statement and asked for the resignation of the Planner. There appeared to be an empire building attitute and they did not intend to be intimidated by staff. Siegel stated that Dr. Hau's application would be looked at fairly. 11.2 Site Analysis (Councilmember Casey) PASSED BY CONSENSUS: To continue this item for discussion during the October 3rd meeting on processes. 11.3 Altamont Tree Planting Project (Councilmember Casey) September 5, 1990 12 4' PASSED BY CONSENSUS: To continue this item to the next meeting and �r to notify residents on Altamont that the project would be discussed by Council. Council also asked for a status report on the project from staff.= 11.4 Council Correspondence (Mayor Pro Tern Hubbard) PASSED BY CONSENSUS: To continue this item to discussion by the full Council. 11.5 Fence - Land of Paulnock Tyron reported that Mr. Paulnock had submitted a letter he had received from Sears concerning his fence and the acquiring of certain permits. 11.6 Disposal of Motor Oil - Mr. Penn Tyron referenced a letter received from Mr. Penn concerning the disposal of motor oil. 11.7 Recycling Sites Tryon asked when this issue would be agendized for Council discussion. 11.8 Youth Commissioner Tryon reported that she and the City Manager had met with the Town's new Youth Commissioner Dana Dolan. 11.9 Regional Mandates Reserves Tryon suggested that funds be set aside for contribution by the Town toward issues of regional interest in which the Town would want to participate rather than taking the money out of the General Fund. 11.10 Challenge Grant Tryon suggested contributing 1% of the Town's Operating Budget as a challenging grant to all other cities and the County as an alternative to the utility tax being proposed to finance the Giants Stadium. In this way approximately 2,000 from Los Altos Hills would raise approximately 300 million from the rest of Santa Clara County. There was no Council support for this request. September 5, 1990 13 11.11 Funding for Pathways Tryon suggested that corporations be contacted for possible support for the Town's pathways as their employees used the Town's paths for recreational activities. Perhaps something along the lines of 'Adopt a Path'. It was agreed this concept would be agendized for a later meeting. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned at 11:55 p.m. to an Adjourned Regular Meeting on Wednesday, September 19, 1990 at 5:45 p.m. Respectfully submitted, Patricia Dowd,City Clerk kir September 5, 1990 14