HomeMy WebLinkAbout09/19/1990 (2) Minutes of a Regular Meeting
Sir September 19, 1990
Town of Los Altos Hills
City Council Meeting
Wednesday, September 19, 1990, 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, Mayor Pro Tern Hubbard, and
Councilmembers Casey, Johnson, and Tryon
Absent: None
Staff: City Manager Thomas Frutchey; City Attorney Sandy Sloan;
Director of Public Works Bill Ekern; Planning Director Ann
Jamison
( Press: Cristal Borlik
IW
Mayor Siegel announced that Council member Barbara Tryon had been
appointed to the Santa Clara County Traffic Authority (SCCTA) to
represent the seven north County cities.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Presentation by Olin Nichols on the The Los Altos Hills Country
Classic 10K Run or 5K Run/Walk to be held on November 3, 1990
Mr. Nichols explained that this was the fourth year of this event. He
encouraged both Council and Staff to participate. Councilmember
Tryon reminded him to work with the Sheriffs office and add the
County of Santa Clara to the waiver list..
2.2. Presentation by Paul Campbell on a Reenactment of the Battle of Bull
Run, Scheduled for 4-5 p.m., October 6, 1990 at 25855 Westwind Way
Speaking on behalf of Mr. William Krause, Mr. Campbell described the
proposed event. The actors in this charity event are members of the
National Civil War Association. Mayor Siegel expressed concern for
the impact of cannon noise and traffic associated with this event. Mr.
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Campbell said there was parking for 60-80 guests on Mr. Krause's
property. Councilmember Tryon asked that they notify the Sheriff's
Department; Mr. Campbell indicated they had notified the Sheriff's
Department and the Los Altos Fire District of the event. Mayor Pro
Tem Hubbard noted his concern over the effect of cannon blasts on
horses. The neighbors are to be notified of the event and the times.
3. PLANNING COMMISSION REPORT (Commissioner Ellinger))
Commissioner Ellinger noted that the memo to Council from Staff regarding
the meeting of 12. September accurately reflected the meeting. He thanked
the Council for his appointment, as this was his first opportunity to
address them since that event.
4. CONSENT CALENDAR
The following items were pulled for separate consideration: 4.1--September 5,
1990 Regular Meeting (Siegel); 4.2 (Casey); 4.4 and 4.5 (Tryon); 4.6 (Casey);
and 4.7 (Tryon).
MOTION SECONDED AND APPROVED: Moved by Tryon, seconded by Johnson,
and approved unanimously to approve the remainder of the consent calendar.
4.1 Approval of Minutes: August 1, 1990 (Regular Meeting)
August 15, 1990 (Regular Meeting)
September 5, 1990 (Adjourned Regular)
By consensus, the Council agreed that unapproved minutes are not to be
distributed to the press or public.
4.3 Consideration of Whether To Concur with or Review the following
Plannint Commission Action at I s Meetint on Se•tember 12:
4.3.1 Lands of Grewal, 14520 Miranda, Approval of a Request for
a Variance to the 30-yard Setback Requirement and a Site
Development Permit for an Addition to an Existing Residence
4.8 Request to Authorize Weed Abatement on a Certain Property
Those items that had been pulled were then addressed in turn.
4.1 Approval of Minutes: September 5, 1990 (Regular Meeting)
Page 5, Item 5: The City Manager responded that "the Department of
i Health does not allow biweekly collection of putrescibles; biweekly
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collection of non-putrescibles could not occur" until the computerized
111. garbage trucks were in place. Page 7, Item 6.1.2: "Continued to a date
uncertain. Page 7, Item 6.1.3: ...delegating to the City Manager to
investigate and resolve general civil liability claims "of less than $5,000"
files against the Town. Page 8, Item 6.1.4: ...when the contract with Mr.
Linebarger went over "$2,000" a month. Page 8, Item 7: The original
application had never been withdrawn. "For the first extension, the
applicant did not submit a map identifying geologic concerns." Page 14,
Item 11.10: Tryon suggested contributing 1% of the Town's Operating
Budget "as a challenge 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 could
raise approximately $300 million from the rest of Santa Clara County."
MOTION SECONDED AND APPROVED: Moved by Tryon and seconded by
Hubbard and passed unanimously to approve the minutes as amended.
4.2 Approval of Warrants: $ 7,072.76 (August 31, 1990)
$125,480.53 (September 5, 1990)
Councilmember Casey requested clarification of items, including:
No. 16309---Town of Atherton and No. 16360--Uhlenberg and asked that
future warrant lists include breakdowns of billable and non-billable hours
of consultant services.
MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Hubbard,
and approved unanimously to approve the warrant lists, with explanation.
4.4 Approval and Authorization to Execute Landscape Maintenance
Agreement, Lands of Ng - Reso #49-90
Councilmember Tryon suggestions the following amendments to the
agreement. Section 2. i.: substantially the same "or improved"
condition. Section 2. iv: "minimum size of 5-gallon".
MOTION SECONDED AND APPROVED: Moved by Tryon, seconded by Hubbard,
and approved unanimously to approve the agreement for Landscape Maintenance,
as amended.
4.5 Approval of Agreement with Business Records Corporation for
Software License
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Councilmember Tryon proposed to add language to Addendum A-2 of the
agreement that on-site service would provide 1 or 2 visits after set-up.
The City Manager was directed to work with BRC on this issue.
MOTION SECONDED AND APPROVED: Moved by Tryon seconded by Siegel, and
approved unanimously to approve the license agreement, as amended.
4.6 Request from the Mid-Peninsula Civil Rights Forum for Council to
Attend and Co-Sponsor the Civil Rights Forum on October 25
MOTION SECONDED AND APPROVED: Moved by Casey seconded by Siegel, and
approved unanimously to co-sponsor, as requested.
4.7 Proclamation Commending Tim Reading on his Service to the
Community as Director of the Santa Clara County Transportation
Agency
MOTION SECONDED AND APPROVED: Moved by Tryon seconded by Siegel, and
approved unanimously to have Councilmember Tryon draft a proclamation
commending Mr. Reading.
5. PRESENTATIONS FROM THE FLOOR
Mr. Clyde Noel, 24160 Dawnridge Drive, addressed the potential future
economic problems of the Town if difficult decisions regarding raising
revenues to cover increasing costs of doing government business are not
addressed now.
Councilmember Tryon indicated that several proposals regarding alternative
revenue sources would be addressed later in the meeting.
6. PUBLIC HEARINGS
6.1 Continued Public Hearing: FY 1990-91 Operating and Project Budget
6.1.1 Approval of Proposed Fees, Deposits, Charges for
Services and Other Assessments
The Council continued their deliberation regarding fees.
Councilmember Tryon proposed modifications to the
development process fees. Councilmember Casey reiterated her
position that fees should not be raised without a more detailed
analysis of the impact on individual residents. The City
Manager was directed to determine the appropriate ways to
account for impact of development, such as funding for
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pavement management. By consensus the Council directed the
`, Manager provide a report.
Regarding development process fees, Jamison explained that the
current fee structure for planning services causes the department
to operate at a deficit level, requiring subsidy from the General
Fund.
MOTION SECONDED AND FAILED: Moved by Casey seconded by Johnson, and
failed by the following roll call vote to not increase the Conditional Development
Permit fee until the full impact of this is known.
AYES: Casey
NOES: Siegel, Hubbard, Johnson, Tryon
The Council agreed that all items on the schedule were to be assumed
approved unless specifically withdrawn.
MOTION SECONDED AND FAILED: Moved by Casey, seconded by Johnson, and
failed by the following roll call vote to not approve any fees associated with the
Planning Commission until an analysis of the charges had been completed by the
Finance Committee.
`r AYES: Casey
NOES: Siegel, Hubbard, Johnson, Tryon
A. Richard Jones, 12660 La Cresta Drive, expressed his concern over
the impact of raising building permit fees to $50.00 minimum
permit. The impact on projects such as installing a garbage
disposal could be that the permit costs as much as the project.
Councilmember Johnson proposed a rule that permits cannot exceed
a fixed percentage of the cost of a project. He will propose a
system at a later time.
MOTION SECONDED AND APPROVED: Moved by Johnson, seconded by Hubbard,
and approved unanimously to approve the setting of inspection and reinspection
fees at$50.00.
Barry Sorenson, 26895 Nina Place, said he was concerned about the
cost of the application and appeal process for planning permits.
The costs are not dear prior to beginning the process.
Councilmember Casey requested a report on the cumulative effect of
fee increases, especially on minor projects.
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The Council also directed staff to provide reports on projects falling
into the Miscellaneous Requests of City Council or Planning
Commission and to explore development of an "appliance" fee.
MOTION FAILED FOR LACK OF SECOND: Moved by Casey to not approve
Miscellaneous Zoning Fees.
Staff was directed to return with a proposal for a fee specifically for
encroachment permits for fences, as those may be considered by
the Council differently than underground construction projects,
such as storm drains and sanitary sewers.
Council reached consensus on charging $2.00 for address maps.
Councilmember Johnson proposed an increase in alarm charges.
Edwina Comiso, 27933 Briones Way, informed the Council that false
alarms are not always the fault of the property owner. In her
neighborhood, frequent power outages cause the alarms to go
off. She stated that her electricity goes off at least 3 times a week.
Councilmember Tryon requested a response from PG&E to illir Mrs. Comiso's allegations.
MOTION SECONDED AND APPROVED: Moved by Johnson, seconded by Tryon,
and approved by the following roll call vote to set false alarm charges at the
following rates: $100 for the 4th call; $150 for the 5th; $200 for the 6th and all
subsequent calls.
AYES: Siegel, Hubbard, Johnson, Tryon
NOES: None
ABSTAIN: Casey
The City Manager was asked to further explore concepts to raise
additional revenues to react to state gas tax requirements,
including: impact fees, drainage and street fees; redevelopment
agencies for infrastructure; public facilities parcel taxes; transfer
tax increases; in-lieu fee adjustments; etc. The City Manager is
also to propose an implementation strategy.
Councilmember Tryon requested a report on SB 2557 and its impact
on the Town.
Nhar
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MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Tryon,
111W and approved by the following roll call vote to adopt Reso #50-90 setting fees for
services.
AYES: Siegel, Hubbard, Johnson, Tryon
NOES: Casey
6.1.2 Adoption of FY 1990-91 Operating and Project Budget:
Approval of Revenues, Operating Budget Appropriations
Project Carryovers, and Project Appropriations
Councilmember Tryon requested a report on the total use of
consultants, especially non-billable hours. Councilmember
Casey requested the Finance Committee review
administrative overhead and the use of consultants.
The Council directed the City Manager to provide a breakdown
of non-billable consultant charges.
MOTION SECONDED AND APPROVED: Moved by Casey seconded by Tryon, and
approved unanimously to direct the Finance Committee to do a complete analysis
of administrative overhead expense pool.
MOTION SECONDED AND APPROVED: Moved by Casey seconded by Tryon, and
approved unanimously to direct the Finance Committee to provide an analysis of
the engineering and planning consultant billing and contracts for efficiency and
reasonableness, with an eye on work that should be done in-house.
MOTION SECONDED AND APPROVED: Moved by Tryon seconded by Hubbard,
and approved unanimously to establish a policy whereby the Council must approve
all contracts in excess of $5,000. The City Manager is empowered to negotiate any
consultant contract of a lesser amount.
MOTION SECONDED AND APPROVED: Moved by Hubbard seconded by Siegel,
and approved unanimously to add a project to the proposed budget, to appropriate
$10,000 for "Byrne Preserve Improvement Project." The project is to improve and
replace fencing around the preserve.
MOTION SECONDED AND APPROVED: Moved by Siegel seconded by Tryon, and
approved by the following roll call vote to leave $15,000 in the budget for Town
Entry Design, with no contract or work to be done without specific Council
authorization.
AYES: Siegel, Johnson, Tryon
NOES: Hubbard,Casey
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Mayor Siegel noted that the total revenues for the Town are down 9% this year and
total expenditures down 15%.
MOTION FAILED FOR LACK OF SECOND: Moved by Casey to remove the $20,000
proposed for a General Plan consultant.
MOTION FAILED FOR LACK OF SECOND: Moved by Casey to remove the
$150/mo travel allowance for management staff and replace with reimbursement
for actual mileage.
Mayor Siegel expressed concern over the increasing impact of the cost
of medical insurance for Staff on the budget. He believes the
Town needs to put a cap on the amount the City will contribute
to employee medical benefits. Mayor Pro Tem Hubbard
recommended exploring the impact of the Town paying for one-
half of the dependent coverage.
Mayor Pro Tern Hubbard expressed doubt about the appropriateness
of charging administrative overhead on charges against deposits
taken for review of projects.
MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Hubbard,
and approved by the following roll call vote to adopt Resolution #51-90 adopting
the 1990-1991 budget, as amended.
AYES: Siegel, Hubbard, Johnson, Tryon
NOES: Casey
Mayor Siegel noted that total revenues for the Town will be down 9%
from last year's budget and that expenditures will be down 15%.
6.2 Extension of Urgency Ordinance Requiring Conditional Development
Permits for Lots With A Human Habitation Setback
Motion to waive further reading
MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Hubbard,
and approved unanimously to waive further reading.
Motion adopt urgency ordinance (Roll Call Vote; 4 Votes Required)
MOTION SECONDED AND APPROVED: Moved by Tryon seconded by Johnson,
` and approved by the following roll call vote to adopt the urgency ordinance
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September 19, 1990
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AYES: Siegel, Hubbard, Johnson, Tryon
NOES: Casey
7. UNFINISHED BUSINESS
7.1 Quarry Hills Subdivision - Request for an Extension to December 5
1990 for Consideration of the Proposed Tentative Map for the Lands of
Ouarry Hills
Paul Hogan, representing De Anza Properties, proposed a one-month
extension of the proposed Tentative Map to work with Staff on
conditions and terms of a withdrawal of the present application. The
draft would be submitted to Council at the October 3, 1990 meeting, so
that terms can be finalized at the meeting of October 17, 1990.
The City Attorney restated Staff's position recommending denial of the
subdivision, as the Permit Streamlining Act does not authorize more
than one 90-day extension. She stated the project record was
confused, and that a denial would give the Town and the applicant
the opportunity to clarify the record.
The Council held a general discussion regarding the status of the project
thr and the implications of withdrawal, denial, or further continuance.
Mayor Siegel proposed the developer grant the Town a minimum of
6 months in which to review the project once a completed
application, especially geology, was to the Council.
John Vidovich, De Anza Properties, said he would not agree to a 6-month
review period. He responded to further Council questions by
clarifying that he did not want 6 months of hearings on his project, as
he has already been through 20 Planning Commission hearings.
MOTION SECONDED AND APPROVED: Moved by Hubbard seconded by Siegel,
and approved by the following roll call vote to adopt a resolution denying the
subdivision without prejudice, per the Staff recommendations:
AYES: Siegel, Hubbard, Johnson
NOES: Casey
ABSTAIN: Tryon
Councilmember Johnson asked the Mayor for permission to re-open the
voting, as he had misunderstood the impact of "no" vote, fearing that
failure of the motion would have approved the subdivision by
[. default.
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By consensus, the Council agreed to void the previous vote and Mayor
Siegel called for another vote on the motion to deny without
prejudice.
MOTION SECONDED AND FAILED: Moved by Hubbard seconded by Siegel, and
failed by the following roll call vote to deny without prejudice the proposed
subdivision as recommended by Staff.
AYES: Siegel, Hubbard
NOES: Casey, Johnson
ABSTAIN: Tryon
After the vote, Councilmember Tryon explained her abstention as
occurring because of her concern and uncertainty regarding potential
legal implications. She was willing to let those on the Council who
had firm commitment to a decision make the decision.
MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Casey,
and approved by the following roll call vote to approve a 30-day extension to allow
the applicant to work out conditions of withdrawal with the staff for reapplication,
provided the applicant applies in writing by 5:00 p.m. September 20, 1990, for an
extension until October 18, 1990, specifically for the purpose of attempting to
negotiate conditioned withdrawal.. The agreement, if one can be reached, is to
return to Council on October 3, 1990. If no request is received by 5:00 p.m.,
September 20, 1990, then the resolution denying the Tentative Map without
prejudice, as recommended by Staff, is adopted.
AYES: Casey, Johnson, Tryon
NOES: Siegel, Hubbard
The Mayor indicated he would have changed his vote if Councilmember
Tryon had abstained.
7.2 Ordinance Eliminating the Requirement that Property Owners Provide
Addresses of Adjacent Property Owners and Adding the Appeal of Certain
Decisions by a Planning Commissioner or a Councilmember Without a
Fee (FIRST READING)
MOTION SECONDED AND APPROVED: Moved by Casey seconded by Johnson,
and approved unanimously to waive further reading of the ordinance
MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Tryon,
and approved by the following roll call vote to introduce the ordinance
September 19, 1990
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AYES: Siegel, Hubbard, Johnson, Tryon
NOES: Casey
MOTION SECONDED AND APPROVED: Moved by Johnson seconded by Tryon,
and approved by the following voice vote to go beyond 11:30 p.m.
AYES: Hubbard, Johnson, Tryon
NOES: Siegel, Casey
8. NEW BUSINESS
8.1 Council Disclosure Policy and Council Correspondence
The Council discussed the policy adopted by Resolution 21-90, noting
that it goes beyond the requirements of the FPPC rules.
MOTION FAILED DUE TO LACK OF SECOND: Moved by Casey to rescind
Resolution 21-90.
MOTION SECONDED AND APPROVED: Moved by Hubbard seconded by Casey,
and approved by the following roll call vote to adopt Resolution #52-90 amending
Resolution 21-90 to cover only paragraph B, changed to read 'Disclose any relevant
information received from any parties that would be relevant to a decision on the
application and which is not already a part of the hearing record,' and to retain
paragraph E.
AYES: Siegel, Hubbard, Casey, Johnson
NOES: Tryon
There was general discussion on the subject of Council
correspondence. The City Attorney stated that to her knowledge
in all cities she knew of, the City Clerk opened the mail and
made the decision as to whether it was personal or Council
business. She further referred to legal prohibition against
Councilmembers using city offices for personal business, and
noted that Councilmembers' home addresses were available to
the public for private correspondence.
The City Attorney said that individual Councilmembers can demand
the City Clerk not open mail addressed to them; however, once
it is opened, mail does become public record. She stated she felt
the existing policy was a good one, and recommended that it be
continued. She noted the Public Records Act and the Brown Act
requiring that Council actions and discussions be "open and
public". She also noted that when she was asked by
September 19, 1990
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Councilmember Casey if it was imperative that the Clerk open
411, the mail, she responded that she believed, although she had
never seen anything on this in the law, Councilmembers had
the right to demand to open the mail themselves, as a right of
privacy.
Mayor Pro Tem Hubbard restated his memo to Council in which he
said that the current policy of disclosing all correspondence has a
chilling effect on Council-citizen relationships. He would like
the policy amended to allow Councilmembers to choose making
personal correspondence public.
MOTION SECONDED AND APPROVED: Moved by Siegel seconded by Casey, and
approved by the following roll call vote to amend the policy regarding publication of
council correspondence to that stated by Mayor Pro Tern Hubbard
AYES: Siegel, Hubbard, Casey, Johnson
NOES: Tryon
9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
None.
10. STAFF REPORTS
10.1 City Manager
10.2 City Attorney
10.3 City Clerk
10.3.1 Report on Council Correspondence
11. COUNCIL-INITIATED ITEMS
11.1 Request To Attend League of California Cities Conference in
Anaheim, October 1990 (Councilmember Tryon)
Approved by consensus.
11.2 Miscellaneous Comments or Questions Councilmembers May Wish
To Present (No action will be taken; however, follow-up may be requested
similar to procedure under presentations from the floor) (Councilmember
Tryon)
September 19, 1990
12
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V Mayor Pro Tern Hubbard requested the Mayor write a letter to the San Jose
Mercury clarifying the success of the Town in respect to recycling,
pathways, other misstatements made in a recent article in West
Magazine.
11.3 Request for Staff to Pursue Special Recognition for Residents of Los
Altos Hills for Achieving Outstanding Recycling: 31% of Total Solid
Waste Stream in the First Month of Our Recycling Program
(Councilmember Tryon)
Approved by consensus.
12. ADJOURNMENT
(Adjourn to an Adjourned Regular Meeting at 6:00 p.m. on Wednesday,
October 3, 1990)
There being no further business, the meeting was adjourned at 12:15 p.m.
Respectfully submitted,
Thomas Frutchey
Acting City Clerk
The minutes of the September 19, 1990 Regular City Council Meeting were
approved at the November 7, 1990 Council Meeting.
September 19, 1990
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