Loading...
HomeMy WebLinkAbout10/03/1990 (2) Minutes of a Regular Meeting October 3, 1990 Town of Los Altos Hills City Council Meeting Wednesday, October 3, 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 Johnson and Tryon ` Absent: Councilmember Casey lly Staff: City Manager Thomas Frutchey; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; and Planning Director Ann Jamison Press: Cristal Borlik 2. APPOINTMENTS AND PRESENTATIONS MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon, and approved unanimously to appoint Rod Aschenbrenner to the Safety Committee. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson, and approved unanimously to appoint Anita Kaplan to the Community Relations Committee. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson, and approved unanimously to appoint Carol Gottlieb to the Pathways, Recreation, and Parks Committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel, and approved unanimously to appoint Edwina Comiso to the Joint Volunteer Awards Committee. 1 October 3, 1990 IPS Staff was directed to contact Shari Emling to see if she wanted to continue serving on the Joint Volunteer Awards Committee. 3. PLANNING COMMISSION REPORT (Commissioner Noel) Tryon questioned the Commission's approval of a 2,100 square foot secondary dwelling unit on the Lands of Hau. Noel responded that the project was approved conditioned upon the removal of the kitchen prior to occupancy permit for the main dwelling. Tryon asked how the proposed "ballroom" on the Hau property was to be accessed, since it appeared the main entrance was separate from the main entrance to the house. Noel said it depended upon how one looked at it. There was general discussion between the Council and Noel regarding the ballroom and the enforcement of potential uses. Regarding the Lands of Raffin, Hubbard requested Noel to elaborate on the Commission's rationale for approval. Noel said the neighborhood supported the project, therefore no problem. Hubbard noted that the Commission's findings were vague. Noel responded that it depended upon how one interpreted the findings and that they were based on walking around the site. 4. CONSENT CALENDAR The following items were withdrawn: 4.1--Regular meeting--Hubbard; 4.3-- Frutchey; 4.4b--Hubbard; 4.6--Tryon; and 4.7--Frutchey. MOTION SECONDED AND APPROVED: Moved by Tryon, seconded by Johnson, and passed by the following roll call vote to approve the remainder of the consent calendar. AYES: Siegel, Hubbard, Johnson, and Tryon NOES: None ABSENT: Casey 4.1 Approval of Minutes: September 19, 1990 Adjourned Regular 4.2 Approval of Warrants: September 18, 1990 4.4 Consideration of Whether To Concur with or Review the following Planning Commission Actions at Its Meeting on October 17, 1990: 4.4a Variance to the 30-Foot Side Yard Setback for an Existing Residence, 2 October 3, 1990 4.5 Proclamation Declaring October, 1990 as Paratransit Services Month 4.8 Agreement for Records Management with Records Systems Associates, Inc.--Reso #53-90 Recommendation from the City Manager to authorize execution of an agreement for records systems management project for Planning, Building, and Public Works files. Those consent calendar items that had been pulled were then addressed in turn. 4.1 Approval of Minutes: September 19, 1990 Regular MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to approve the minutes of the 9/19/90 Regular City Council Meeting with the following amendments: page I, add the following at the end of item 1: "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."; page 2, item 4.1, insert the following before the motion: Page 5, Item 5: 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. 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."; page 3, Item 4.2, first paragraph should read: "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."; 3 October 3, 1990 t page 3, item 4.4., first paragraph should read: "Councilmember Tryon suggested the following amendments to the agreement. Section 2.i: substantially the same "or improved" condition. Section 2.iv: "minimum size of 5-gallon."; page 4, item 5, second paragraph change the Mayor to Councilmember Tryon; page 6 add the following two paragraphs after paragraph one: "Council reached consensus on charging $2.00 for address maps." and "Councilmember Johnson proposed an increase in alarm charges.", add the following sentence to paragraph four: "She stated that her electricity goes off at least three times a week.", and amend paragraph five to read: "Councilmember Tryon requested a response from PG&E to address Mrs. Comiso's allegations."; paragraph 6 should read: "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.", add paragraph 7: "Councimember Tryon requested a report on SB 2557 and its impact on the Town."; page 7, item 6.1.2, second sentence of first paragraph should read: "Councilmember Casey requested the Finance Committee review administrative overhead and the use of consultants.", second motion should read: " to direct the Finance Committee insert the following before last motion: "Mayor Siegel noted that the total revenues for the Town are down 9% this year and total expenditures down 15%."; page 9, second paragraph should read: "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 "; page 10, second paragraph, add "regarding potential legal implications" after uncertainty, second motion, first sentence should read: October 18, 1990, specifically for the purpose of attempting to negotiate conditioned withdrawal.", add the following sentence before item 7.2: "The Mayor indicated he would have changed his vote if Councilmember Tryon had abstained."; page 11, item 8.1, amend first paragraph to read: "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 Niur 4 October 3, 1990 `r legal prohibition against Councilmembers using city offices for personal business, and noted that Councilmembers' home addresses were available to the public for private correspondence.", add the following two paragarphs: "The City Attorney said that individual Councimembers 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 Councilmember Casey if it was imperative that the Clerk open 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 whichhe 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."; page 13, first paragaph, add "in West Magazine" at the end of the paragraph. 4.3 Financial Status and Treasurers Report: August, 1990 The Council pulled this item at the request of the City Manager. 4.4 Consideration of Whether To Concur with or Review the following Planning Commission Actions at Its Meeting on October 17, 1990: 4.4b Variance to the Maximum Floor Area and Maximum Development Area Limitations for an Addition to a Residence, Lands of Raffin, 13468 Three Forks Lane Mayor Pro Tem Hubbard expressed his concerns with this project and formally appealed the decision of the Planning Commission. 4.6 Appropriation of $10,000 from the General Fund to Repair Town Seal Stained Glass The City Manager indicated that Judy Miller, who designed and built the original window and has repaired it once several years ago, has indicated that she will be able to repair it for a total costs of$3,000. 46, 5 October 3,1990 MOTION SECONDED AND APPROVED: Moved by Tryon, seconded by Johnson, and approved by the following roll call vote to appropriate $3,000 from unallocated General Fund reserves, create a new capital project, and authorize the City Manager to contract with Judy Miller and Franciscan Glass to complete all necessary repairs and protective measures (Budget Modification #1). AYES: Siegel, Hubbard, Johnson, and Tryon ABSENT: Casey 4.7 Granting Waterline Easement to Purissima Hills, Rhus Ridge Property Withdrawn by the City Manger to allow the water district ample opportunity to address this issue and resolve remaining concerns. 5. PRESENTATIONS FROM THE FLOOR Ken Pastrof, 216 Double Bogey Drive, Boulder Creek, requested direction on procedure for the Lands of Raffin, to prepare for discussion of the appeal. He was notified that the hearing would be scheduled for October 17, 1990. Elaine Dornig, 6 Cypress Court, Los Altos, would like the Council to review the Hau project. She expressed concern over the allowance of the creation of a 2,000 square foot second unit; questioned the ability of the Planning Commission to grant a variance for the second unit; asked if the second unit would have to be removed within 30-days of the occupancy of the main residence, as she understands the Town's codes to require; questioned the need for 21 parking stalls for a family of five; and wondered about the necessity of an exterior entrance to the music room. Mayor Siegel noted that he believed it most appropriate for the neighbors to appeal Hau, since they had expressed the most concern at the Public Hearings. Ginger Summit, 13390 Lenox Way, said that she had not been at the meeting, nor had listened to the tapes, but was upset at what she had heard regarding the Council treating correspondence as private communications. She is concerned about the potential for abuse when communications become hidden. Communications at Town Hall should be available for public review, to keep the Council above suspicion. 6 October 3, 1990 6. PUBLIC HEARINGS 6.1 Request for Approval of a Tentative Map, Conditional Exception, and Adoption of a Negative Environmental Declaration for a Two-lot Subdivision of Four Acres, Lands of Fowler, 25810 Vinedo Lane Continued at request of the applicant until October 17, 1990. 7. UNFINISHED BUSINESS 7.1 Altamont Tree Planting Project Recommendation from the Public Works Director to direct staff and the Environmental Design and Protection Committee to determine the appropriate location for trees along Altamont Road and for any recently planted trees that are to be moved. Councilmember Johnson asked if the trees would block views from the Eshner property. Staff responded that it would be more than fifty years before the oak trees were able to grow enough to reach the sight line of houses built on that site. The trees are twenty feet below the ground level tiW of the existing land. Edwina Comiso, 27933 Briones Way, is concerned that the trees planted above the Packard property are causing people to park along side the road in the pathway. She views this site as an ideal parking space for young adults and it should be preserved in that manner. Linda Kramer, 27800 Edgerton Road, said it is unfair to hinder people looking at the view from above the Packard property. This is a great place for viewing on the 4th of July. Ken Pastrof, wished to reiterate comments of the Council noting that the trees will have impact on the Eshner property. MOTION SECONDED AND PASSED: Moved by Hubbard, seconded by Johnson and passed unanimously to adopt Staffs recommendation. 7 October 3, 1990 7.2 Neighborhood Emergency Preparedness Linda Kramer, a member of the Safety Committee, and Councilmember Tryon briefly reviewed the proposed neighborhood coordinators' handbook. They iterated the importance of the neighborhood coordinators and co-coordinators (since many coordinators are likely to be out of Town at any given time) in implementing the Town's neighborhood response plan. Three changes to the proposed text of the handbook were recommended and adopted by consensus of the Council: changing the message to neighbors on page 2 to strongly suggest that people seek help in their own neighborhoods before calling Town Hall (by phone, or if not available, by HAM radio); adding Linda Kramer to the list of people deserving special thanks; and ensuring that, while conducting damage assessment, residents do not enter any property they believe to be unsafe or for which they should receive the owner's permission. MOTION SECONDED AND PASSED: Moved by Tryon, seconded by Johnson, and passed unanimously to approve the draft neighborhood coordinators' handbook, as amended, and provide copies of this document f to each coordinator and co-coordinator. �r 7.3 Lands of Ouarry Hills The City Manager reported that staff and the applicant have continued to work to come to terms on a draft agreement that would allow the conditioned withdrawal of the current subdivision application. The latest version of the agreement was reached at 6 p.m. this evening and distributed to Councilmembers at the beginning of the Adjourned Regular meeting. In any area of remaining disagreement, Staffs position is presented in the body of the agreement, while the applicant's position is presented as a footnote. Tryon suggested that, since Councilmembers had had insufficient time to review the proposal, each Councilmember should provide his or her comments to the City Manager as soon as possible, perhaps by close of business Friday. 8 October 3, 1990 The Mayor indicated that, concerning the first area of disagreement between staff and the applicant, he saw no problem with the applicant's request that the Town proceed with processing of the General Plan amendment(s) and pre-zoning as quickly as possible, and not wait for the geologic results to become available. Mr. Paul Hogan, 920 W. Fremont Road, Sunnyvale, representing the applicant, indicated that this is the fifth draft and that his client would prefer the Council to review the agreement and give best possible feedback this evening. Hubbard asked for a brief explanation from Mr. Hogan on remaining issues. Mr. Hogan listed four, in addition to the one discussed already: • A commitment by the Council as to the dates public hearings will be scheduled to review and decide upon the proposed General Plan amendments and pre-zoning. The City Manager indicated that it is staffs belief that since we have direct information on potential geologic problems on part of the site, we cannot in good faith process amendments to the General Plan or a pre-zoning until we have received and reviewed the requested geologic information. Given that we have some information on potential problems, we should not propose, for example, a residential zoning designation, only to find out shortly that parts or all of the lower slope areas may be inappropriate for habitation. • Given the long period that this application has been under review by the Town, the applicant believes he should not need to pay any fees when he submits a new application. The City Manager indicated that a large part of the reason the application has been under review for a long time is that information needed by the Town to complete its review has not been forthcoming from the application. The geologic information, for example, was first requested more than 15 months ago; it still is not available. In addition, application fees have been adjusted by the Town several times since the initial application was submitted; from an equity standpoint, since the applicant will be submitting a new application, it should be charged using the fee schedule in effect at the time of submission. The applicant wants to ensure that, since, the previous application was deemed complete, no extraordinary requirements are placed on 9 October 3,1990 6 the applicant by the Town in order for the Town to declare the replacement application complete. The applicant believes that the staff recommendations and report should be brought to the Planning Commission and Council in one package, with no adjustments in the interim. The City Manager explained that such a request is based on the assumption that all issues of the subdivision can be resolved at once. Staff believes that, on the contrary, because of the complexity of this subdivision, it is possible that some issues may need to be resolved sequentially. Tryon indicated that she prefers to see the staff report and recommendations brought to the Council in one package. APPROVED BY CONSENSUS: To review the proposed agreement, provide comments to the City Manager by close of business Friday, October 5, and continue decision on this item until October 17. 7.4 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 (SECOND READING) MOTION SECONDED AND PASSED: Moved by Tryon and seconded by Johnson and passed by consensus to waive further reading. MOTION SECONDED AND PASSED: Moved by Johnson, seconded by Hubbard and passed by the following roll call vote to adopt the ordinance: AYES Siegel, Hubbard, Johnson, Tryon NOES: None ABSENT: Casey * 8. NEW BUSINESS 1 0 October 3, 1990 8.1 Lands of McCulloch, Consideration of a Proposed Final Map Recommendation from the Public Works Director to grant a one-year extension for the requested Phase III, Lands of McCulloch. Staff recommended the creation of a third phase for this subdivision to encompass those areas affected by noise in excess of 60 dbLdn. Staff further recommended the approval of the second phase of the subdivision, to be recorded as Tract 8331. MOTION SECONDED AND PASSED: Moved by Johnson, seconded by Tryon, and passed by the following roll call vote to adopt staffs recommendations. AYES: Siegel, Hubbard, Johnson, Tryon NOES: None ABSENT: Casey 8.2 Ordinance Retulatin• Silver Discharge in the Sewer S stem Recommendation from the Public Works Director to introduce an amendment to our sewer ordinance, Title 6, chapter 4, relating to the ilir discharge of silver from non-residential uses in the Town (FIRST READING) MOTION SECONDED AND PASSED: Moved by Tryon, seconded by Hubbard and passed by consensus to waive further reading. MOTION SECONDED AND PASSED: Moved by Tryon and seconded by Siegel and passed by the following roll call vote to introduce the ordinance. AYES: Siegel, Hubbard, Johnson, Tryon NOES: None ABSENT: Casey Appeal of Fees, Lands of Clausen Johnson advised the Council that he believed he had a potential conflict of interest and would abstain from the discussion and any voting. He removed himself from the dais. Mr. Henry Clausen, 12810 El Monte Road, requested the City Council provide some relief for the engineering costs associated with the Town's } review of the intersection of Voorhees Drive, the St. Nicholas School 1 1 October 3, 1990 6 driveway, and El Monte Road in conjunction with his proposed �r subdivision. He requested the Council determine that a portion of the costs be borne by each of the parties affected by the analysis, the Town, the school and himself. Ekern advised the Council that the costs associated with the analysis of the intersection appeared to be in the $2,500-3,000 range. However, Staff would provide Mr. Clausen a detailed accounting of the time spent by the City Engineer and others on this aspect of the improvements and project and work out a solution agreeable to both parties. Council concurred that staff and Mr. Clausen should work toward an agreement each finds reasonable. If no agreement can be reached, the issue should return to Council. 8.4 Award of Contract ($187,471.25) for Pavement Management, Fiscal Year 1990-91, California Pavement Maintenance--Reso #54-90 MOTION SECONDED AND APPROVED: Moved by Tryon, seconded by Hubbard, and passed unanimously to accept the bids for the FY 1990-91 Pavement Management Project, award the contract to California Pavement Maintenance, reject all other bidders, book a $55,000 loan from General Fund unallocated reserves as a loan to the Street Fund, to be repaid as funds become available, with interest accruing at the rate of interest earnings on the Town's invested funds, and appropriate the loaned funds to the FY 1990-91 Pavement Management Project (Budget Modification #2). 8.5 Award of Contract ($54,050) for Selected Storm Drain Improvements Fiscal Year 1989-90, Pacific Engineering Construction--Reso #55-90 Recommendation from the Public Works Director to accept the bids for the construction of selected storm drainage improvements authorized and funded last year, award the contract to Pacific Engineering Construction, and reject all other bids. MOTION SECONDED AND APPROVED: Moved by Tryon, seconded by Johnson, and passed unanimously to accept the bids for the FY 1989-90 Storm Drain Improvements and reject all other bids. 8.6 Authorization for the Mayor to Attend a League of California Cities Legislative Briefing in South San Francisco on November 16, 1990 and Appropriation of $100 to Cover Anticipated Costs haw 12 October 3, 1990 L APPROVED BY CONSENSUS to appropriate $100 from the unallocated reserves of the General Fund to the City Council program to cover the costs of the Mayor's attendance at the meeting (Budget Modification #3). 8.7 Contract with Brian Kangas Foulk -- Reso. #56-90 Recommendation from the Planning Director to approve an amendment to the existing contract, extending the contract for one year and adjusting billing rates MOTION SECONDED AND APPROVED: Moved by Hubbard, seconded by Tryon, and passed unanimously to approve the contract with Brian- Kangas-Foulk for planning services in accord with Staffs recommendations. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Tryon noted that she was no longer a member of the Traffic Authority Policy Advisory Board because of her appointment to the Authority Board. APPROVED BY CONSENSUS: To appoint Mayor Siegel as replacement for the L remainder of the year. Staff to notify the Authority. �I 10. STAFF REPORTS 10.1 City Manager None. 10.2 City Attorney None 10.3 City Clerk 10.3a Report on Council Correspondence The City Manager indicated that the Town had received this evening a letter from the Los Altos School District Superintendent this evening expressing concern over Dr. Hau's proposed residence and concert hall. 11. COUNCIL-INITIATED ITEMS 1 3 October 3, 1990 Tryon requested that copies of the recent Town newsletter be sent to all Santa Clara County Supervisors. Tryon indicated that, thanks to the Town's recycling program, her net garbage bill has been reduced by 50 cents each month, her time and related expenses required to recycle has been reduced, and more items are being recycled (because of the Town's yard waste program). Siegel indicated that the yard waste dumpsters are too high for residents to easily unload their recyclables. He requested staff to provide a ramp or platform to ease this process. Tryon requested that staff proceed quickly with its analysis of alternative permanent sites. Staff was authorized to write letters for Mayor Siegel's signature to local teachers Jeannie Koon and Steve Miyoshi, commending them for their recent recognition as outstanding teachers. Siegel requested that any persons having nominations for this year's joint volunteer awards submit those recommendations to the committee as soon as possible. Siegel indicated that Councilmember Casey had requested a closed session relating to personnel matters. He is scheduling that session for October 16, at 5:30. The City Manager suggested that the Council also undertake the City Attorney's evaluation that evening, as it is four months overdue. 12. ADJOURNMENT There being no further business, the meeting was adjourned at 11:45 p.m. to the Executive Session at 5:30 p.m. on October 16, 1990 Respectfully submitted, Thomas Frutchey Acting City Clerk Minutes of the October 3, 1990 Regular City Council Meeting were approved f at the November 7, 1990 Council Meeting. ss 1 4 October 3, 1990