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HomeMy WebLinkAbout11/07/1990 (2) taw Minutes of a Regular Meeting November 7, 1990 Town of Los Altos Hills City Council Meeting Wednesday, November 7, 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. Council congratulated the voters of Los Altos and Los Altos Hills for their overwhelming support for library funding in the November 6th election. 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Present: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson, and Tryon. Absent: None 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: Don Brignolo, San Jose Mercury; Mary Fortney, Peninsula Times Tribune; and Cristal Borlik, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation of Proclamation to Captain Darrold Thomas of the Sheriff's Department and Introduction of Captain Gale Stroud. The Mayor presented Captain Thomas with a proclamation from the Town thanking him for his contributions to the Town over the past several years and Tryon thanked CaptainThomas for his outstanding service to the Town. Captain Thomas thanked the Council for their comments and noted that it had been a privilege to serve the contract cities including the Town over the past five years. He regretted leaving but due to a reorganization of departments his friend and colleague Captain Stroud would now be in charge of the Westside Station and the Assistant Sheriff was Lori Smith. Stirf November 7, 1990 1 111v" Captain Stroud commented that he was looking forward to working with the Council and concurred with the Mayor's suggestion that after the first of the year they hold a meeting to discuss police services. 2.2 Proclamation from Senator Becky Morgan Tryon presented a proclamation which had been received from Senator Morgan to the Town commending them for their recycling efforts, outstanding voter turnout and emergency preparedness efforts. 3. PLANNING COMMISSION REPORT Commissioner Noel reported that the Commission could not make the findings for a variance for the Lands of Luke so they sent it to Council without a recommendation and Lands of Hanson's application for a site development permit was denied and would be going through site analyis. Council expressed their concerns about the Commission's lack of a decision on Lands of Luke and stated that if they couldn't make the variance findings they should have denied the variance. Commissioner Noel said he would take the Council's concerns back to the Commission at their next meeting. (. 4. CONSENT CALENDAR lam' Items Removed: 4.1 -- October 3, Regular Meeting (Tryon); October 16, Adjourned Regular Meeting (Hubbard); October 17, Adjourned and Regular Meetings (Tryon) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: October 3, 1990 Adjourned Regular 4.2 Approval of Warrants: $64,979.53 (October 15, 1990) $149,781.69 (October 31, 1990) 4.3 Financial Report: September, 1990 4.4 Request to Close Town Hall for Volunteer Awards Lunchon -- Nov. 30 4.5 Acceptance of Offer of Dedication of Property on Lands of Harrington -- Reso. #60-90 4.6 Annual Audit and Financial Report L November 7, 1990 2 4.7 Certificate of Appreciation - Karen Lemes, Safety Committee 141, 4.8 Proclamation - March 1991 "Women's History Month" 4.9 Approving Addendum to Agreement with Traffic Signal Maintenance -- Reso. #61-90 Items Removed: 4.1 Approval of Minutes: October 3, 1990 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the minutes of the October 3rd Regular Meeting with the following corrections: page 1, Item 2, add the following after fourth motion: "Staff was directed to contact Shari Emling to see if she wanted to continue serving on the Joint Volunteer Awards Committee."; page 6, item 5, correct the spelling from 'Doornick" to "Dornig"; page 12, item 8.4 insert amounts of projects -- $187,471.25 for Pavement Management Road Improvements and $54,050 for Storm Drainage Improvements and page 14, item 11, third paragraph should be amended to read: " easily unload their recyclables. He requested staff to provide a ramp or platform to ease this process." ‘1r Casey expressed her concern about an item discussed at the October 3rd meeting, specifically the issue of the Altamont Tree Planting Project. Unfortunately she had been unable to attend that Council meeting, but had requested she be present when it was discussed and also wanted to be sure that the neighbors had been notified of the meeting. PASSED BY CONSENSUS: To bring the issue of the Altamont Tree Planting Project back to Council when additional information was available from staff and the Environmental Design and Protection Committee. 4.1 Approval of Minutes: October 16, 1990 Adjourned Regular PASSED BY CONSENSUS: To continue the minutes of the October 16, 1990 meeting to the next meeting to allow the Clerk an opportunity to check the tape for a possible consensus vote concerning procedures with Wilsey & Ham on review of applications. 4.1 Approval of Minutes: October 17, 1990 Adjourned Regular PASSED BY CONSENSUS: To make the following correction on page 2, paragraph one: remove the last sentence from the consensus vote as it was not part of the vote and make it a separate paragaph and to continue November 7, 1990 3 approval of the minutes of October 16, 1990 to the next meeting to allow time for the Clerk to check the notes of the meeting for a possible additional consensus vote on the issue of staff reports. 4.1 Approval of Minutes: October 17, 1990 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to approve the minutes of the October 17, 1990 Regular Meeting with the following corrections: page 2, Item 3, last sentence, change the word "in" to "with the"; page 9, fourth paragraph, first sentence should read: " creation of two lots, with the MFAs of 13,000 square feet and 5,000 square feet approximately, where one smaller house now fits in the neighborhood." Tryon also suggested reviewing staff's alternate "a" noting staff's recommendations to deny; and page 16, Item 11.7, add the following sentence: "Tryon requested staff follow this same procedure, which is the customary procedure of the Town, in this case if necessary." 5. PRESENTATIONS FROM THE FLOOR Mrs. Stephanie Munoz, 13460 Robleda, commented that established neighborhoods should be more protected from build out and suggested this be agendized for one of the Council's 6:00 p.m. meetings. Siegel asked that Mrs. Munoz be advised when the next meeting of the sub-committee on rebuilding/building out was scheduled. Mr. Barrie Freeman, 26972 Dezahara, read a letter to the Council which he had sent in April of 1990 on the issue of path and trail safety in the Town. The letter addressed, in part, signage, maintenance, clearing, slippery driveways and illegal parking. Mr. Freeman expessed particular concern about the Byrne Preserve/Westwind Barn area. Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted that they would be making recommendations regarding Byrne Preserve and would also be making a formal request that a letter be sent concerning the issue of slippery driveways. Siegel stated that the issue of the Byrne Preserve Improvement Plan would be agendized for 12/5/90 and Tryon reminded Mrs. Schreiner that the recreation and parks aspect of Byrne Preserve should be kept in mind when they were making their recommendations. Mrs. Nancy Horton, 26030 Altamont, reported that in front of 26000 Altamont there was a problem with cars and bicyclists going too fast and going off the road. She asked if staff could check on the slope of the road for safety purposes. November 7, 1990 4 6. PUBLIC HEARINGS 6.1 Appeal of the Planning Commission's Approval of a Request for a Site Development Permit for a New Primary Dwelling and Second Unit, Lands of Hau, 13901 West Edith (Continued from last meeting) Siegel referred to the report on Council Correspondence and noted that letters had been received from the following on the Lands of Hau: Dornigs, Vargas', Downey, Schreiner, McLeod and Stefankis. Mr. Spanner, applicant's attorney, presented a letter to the Council dated 11/7/90 which questioned the validity of the appeal process and stated their belief that the Planning Commission's decision on the project was final and legal. The Mayor responded that the process had been undertaken in an appropropriate manner and if they wished to go to court on the matter they could do so. The City Attorney noted that since this was the first time anyone had seen this letter from Mr. Spanner, the issue could be continued to the next meeting if everyone concurred. Mr. Spanner, after conferring with Dr. Hau, stated that they did not want to turn this into an adversarial setting; the letter was not a prelude to court. They agreed with continuing the hearing on the project to the 12/5/90 meeting and also agreed to meet with staff to work on the project. Casey commented that the reference in the 11/7/90 staff report to "Council direction" in the recommendations should read "members of the Council's direction" and Tryon noted that applicant should be aware of staff's concerns. PASSED BY CONSENSUS: To continue the public hearing on Lands of Hau to the 12/5/90 Council Meeting. Siegel commented that although the hearing would be continued, no additional public input would be taken on the Hau project. 6.2 Ordinance Requiring a Conditional Development Permit for Lots Constrained by Human Habitation Setback Requirements (First Reading) (Continued from last meeting) Ken Pastrof, Boulder Creek, asked if this involved the issuing of an additional permit but was advised that it would be incorporated with the other permits. Mrs. Stephanie Munoz, 13460 Robleda, commented that the ordinance should be clear. For example, an ordinance relating to appearance should be different than *tamone related to noise. November 7, 1990 5 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to certify the negative declaration. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to introduce ordinance requiring a conditional development permit for lots constrained by human habitation setback requirements with the following changes: (a) should refer to earthquake faults and noise related setbacks for purposes of clarification and the first sentence should read: "Due to the difficulty on substandard lots of accommodating development which meets the objectives and 6.3 Proposed Fees, Deposits, Charges for Services and Other Assessments Council had before them the City Manager's proposed changes to the current fee structure. A discussion followed on the subject with particular emphasis on the building permit fees, the cost of issuance fees for plumbing, mechanical and electrical permits and encroachment permits. Hubbard noted that there were real costs to the Town for inspections, etc. even for smaller projects and these costs should be covered. Regarding encroachment permits, the discussion included differing points of view on whether an encroachment provided for a visually enhanced betterment of the land or whether it resulted in land precluded from public use. Mr. Philip Dauber, Chairman - Finance Committee, requested the Council to ask the City Manager for an estimate of what these changes to the fee schedule would mean to the Town. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed by the following roll call vote to approve the building permit fees as recommended by staff. AYES: Mayor Pro Tem Hubbard and Councilmembers Johnson and Tryon NOES: Mayor Siegel and Councilmember Casey MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed by the following roll call vote to reduce the issuance fees for electrical, plumbing and mechanical permits from $50 to $25. AYES: Mayor Siegel and Councilmembers Casey and Johnson NOES: Mayor Pro Tern Hubbard and Councilmember Tryon thi .i November 7, 1990 6 PASSED BY CONSENSUS: To amend the statement under mechanical, electrical and plumbing permits to read: "Only one issuance fee is charged per permit. The issuance fee is credited against Permit Fees, with additional fees required only when total exceeds $25." MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to amend the fence encroachment permit cost to read: "$10 per linear foot of easement precluded from public use, or $500, whichever is smaller." AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and Tryon NOES: Councilmember Casey PASSED BY CONSENSUS: To adopt Resolution #62-90 amending municipal fees for permit 7. UNFINISHED BUSINESS 7.1 Report on Council Appointees to the North County Library Authority Siegel commented that since this was a tax rate setting body, perhaps a Councilmember should be one of the two appointees. PASSED BY CONSENSUS: To request the North County Library Authority to notify the Town in writing of the number of vacancies on the Authority to be filled by the Town and to direct the City Clerk to place an advertisement in the Town Crier regarding these vacancies. 7.2 Disclosure Policy MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to adopt Resolution #63-90 amending Resolution #21-90 relating to disclosure of contacts with Councilmembers and Planning Commissioners and information received outside of a public hearing 8. NEW BUSINESS 8.1 Ordinance Regarding Extension Periods for Tentative Maps MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to waive further reading. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon kliw and passed unanimously to introduce ordinance regarding extension November 7, 1990 7 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to introduce ordinance regarding extension periods for tentative maps with the following change: Section 9-1.519(d) should read: " the City Council may extend the time for the acceptance of a final map for a period not exceeding an additional twelve (12) months." 8.2 Altamont/Natoma Triangle Island Planting Project Council had before them the Director of Public Works' staff report dated 11/7/90 which included the recommendation that Council direct staff to negotiate with the Fords for the sale of the island. The island was created in 1989 when the intersection of Natoma and Altamont was changed as a result of a traffic accident study. The Fords who live on the corner of Tripoli and Natoma had expressed an interest in assisting the Town with the landscaping. Tryon noted that prior Town policy had been to not sell off these small bits of land. Johnson raised the issue of adding to the development of the neighbors' property and suggested that all alternatives be looked at before selling. Siegel suggested the land not be included in the Fords maximum development area if sold to them and also noted that it was important to keep the path easement. Casey commented that it was equally as �r important for staff to talk to the neighbors when a project was being considered in the neighborhood, such as the issue of the trees on Altamont and the Fords with the landscaping issue. Tryon also noted that perhaps the Town did not need to spend as much as it did on landscaping. Seedling projects could be used, for one, and the Town should try to save money whenever possible. Mr. Ford, 12901 Tripoli Court, stated that they had been residents in the Town for 17 years and he agreed with Mrs. Horton's comments earlier in the meeting regarding the safety issue on Altamont. Regarding the island, he stated that litter was a real problem and they had built up an arboretum to protect their privacy. He further suggested that the path be redesigned to be closer to the road and abandonment be considered by the Town. Mrs. Ford, 12901 Tripoli Court, noted that they were incurring expenses trying to keep the island clear and landscaped. Mrs. Elaine Dauber, 27930 Roble Alto, suggested a long-term, $1-year lease between the Town and the Fords. PASSED BY CONSENSUS: To direct staff to work with the Fords and to include 4 a representative from Environmental Design and Protection Committee �r November 7, 1990 8 and Pathways, Recreation and Parks Committee in the meeting and to tfiri bring the matter back to Counci at the 12/5/90 Council meeting. 8.3 Designation of Oak Tree at Town Hall as a Heritage Tree The staff report prepared by the Director of Public Works included the recommendation that the City Council declare the oak tree at Town Hall a heritage tree and authorize staff to do the needed work at a cost not to exceed$2,000. Mr. Philip Dauber, Chairman - Finance Committee, asked why Wilsey & Ham was called in to look at a project done by an arborist. He noted that consultants overlapping on projects was not a good way to spend money. The Director of Public Works explained that the consultant from Wiley and Ham was just interested; there would be no charge to the Town. PASSED BY CONSENSUS: To continue this item to the 12/5/90 Council Meeting. 8.4 Pathway Sign Posts Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted that in 1982 approximately 60 signs had been put in as an eagle scout project. At this time she projected they needed about 80 signs. Mr. Philip Dauber, Chairman - Finance Comittee, inquired about the finances as no money had been budgeted for signing paths. The Director of Public Works had three samples of posts for Council to consider although the dollar amounts were not known at this time. Council also had a choice regarding the color of the lettering: for example, the Midpeninsula Open Space District used yellow lettering. PASSED BY CONSENSUS: To continue this item to the 12/5/90 Council meeting for additional information on costs and colors. 8.5 Closed Session: Decision Whether To Initiate Litigation [Government Code Section 54956.9(c)] Mr. Harry Price representing Abbie Ahrens introduced himself and noted that they were available to answer any questions. PASSED BY CONSENSUS: To move this closed session to the end of the Council Meeting. �r November 7, 1990 9 9. REPORTS FROM COMMIT TEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES Tryon reported that the sub-committee she and Sid Hubbard served on to review the site analysis process had completed its work and made its final report at the adjourned regular meeting held earlier in the evening. 10. STAFF REPORTS 10.1 City Manager 10.1.1 Purissima/Arastradero The City Manager reported that they had met with Wolfe Mason, the landscape architect for the Purissima/Arastradero project and a meeting was being scheduled for December 3rd with the the Pathways, Recreation and Parks Committee, the Environmental Design and Protection Committee, the neighbors and Wolfe Mason to discuss the project. 10.1.2 Data Processing C In response to an inquiry from Casey if Rick Ellinger had been contacted yet by �r the City Manager regarding data processing, the City Manager responded that he would contact Mr. Ellinger in the near future. 10.1.3 Town's Christmas Party The City Manager noted that the Christmas Party was being put on by the Community Relations Committee and was scheduled for Thursday, December 13th. Invitations would be going out after Thanksgiving, an ad was going in the Town Crier and a banner was going in front of Town Hall near the sign. Johnson noted that the Santa Clara County Cities Association was also meeting that night. 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence dated 11/1/90 Council made the following comments regarding the report: no action on the issue of light rail in Mtn. View; the City Manager to write Jim Viso a letter confirming that no Council action is necessary irs at this time; the Mayor has written a letter to Mrs. Munoz November 7, 1990 10 4/0 regarding recycling; letter from Diane Barrager to be sent to Environmental Design and Protection Committee; and in response to a comment by Casey, staff had contacted Mr. Kam and no Council action is required at this time. 11. COUNCIL-INITIATED ITEMS 11.1 Procedures for Appeals to Council of Planning Commission Decisions Johnson referred to his memo dated 10/18/90 which recommended adding certain procedures to the appeal process. In part these suggestions included requiring the appellant to provide a statement of grounds for the appeal; general statements would not be sufficient; the statement of the grounds for the appeal would be included in the Council packet for the hearing; and the appellant would be responsible for making the opening presentation at the hearing. Johnson stated that he believed the implementation of these new procedures would save Councilmembers a lot of time and would result in a fairer situation for the applicants. Casey stated that she did not think it was appropriate for Commissioners to be able to appeal their own decisions. Siegel noted that at the 6:00 p.m. Adjourned Regular meeting scheduled for December 5th the issues of Site Development composition and the appeal process were going to be discussed. 11.2 Circular Driveways Johnson referred to his memo dated 10/18/90 which referred to the Town's unwritten policy of not allowing circular driveways. He recommended clearly stating this policy in writing or abolishing it. Commissioner Carico noted that several policy statements had been misplaced over the years. Circular driveways were not allowed because of safety reasons. Tryon commented on more breaks in landscaping and paths. PASSED BY CONSENSUS: To establish a sub-committee of Siegel and Johnson to review the issue of circular driveways. 11.3 Discussion of Council Subdivision Policies; Review of Issues Brought Forward In Lands of Circle and Lands of Fowler Tryon stated that she would like to see Council arrive at a consensus on subdivisions and be able to give better direction to staff and applicants. Consistency was important and applications should not be based on kAr individuals. Presently it seemed it was difficult for both developers and November 7, 1990 11 ` staff to know what Council wanted. Tryon reiterated that the future of the Town was the issue and achieving community goals and better guidance was important. Casey stated that she did not think the Circle and Fowler subdivisions were good examples. For instance, there was a great difference between the Fowler and McCulloch subdivisions. The City Attorney noted that decisions were based on land use and existing structures and reiterated that each subdivision was different. 11.4 Fences Casey asked when the issue of fences was going to be discussed and a conversation followed of the work plan already facing the Planning Commission and the question of priorities. MOTION SECONDED AND WITHDRAWN: Moved by Casey, seconded by Hubbard and withdrawn to direct the Planning Commission to look at the fence ordinance and bring back a recommendation to the City Council. 11.5 Letter to Governor Regarding Homeless Using Shelters Siegel requested authorization and Council concurred to send a letter to the Governor as soon as possible asking that the armories be opened up to the homeless before Thanksgiving. Tryon suggested he contact Supervisor Zoe Lofgren as she sends a letter every year on this subject. 11.6 October 17, 1990 Regular Meeting Minutes Siegel asked if Council would consider reconsidering the item of the October 17, 1990 minutes for the purpose of inserting his statement that he filed an appeal of the Planning Commission's decision on the Hau's application for a site development permit. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to reconsider the October 17, 1990 Regular City Council Meeting Minutes. PASSED BY CONSENSUS: To insert the following comments from the Mayor regarding the appeal process and his appeal of the Hau application on page four of the minutes of the October 17, 1990 Regular City Council Meeting: "Siegel noted that the process was that the Town was in the midst of an ordinance change to formalize a policy that the Council had had on who could appeal without fees. He stated that any member of the City Council could appeal without a fee and the ordinance stated that any two members of the Planning Commission also could appeal without paying a fee. However, the technicality was that the ordinance was not actually in Saw November 7, 1990 12 appealed this application in writing in due time for this hearing because he wanted to be sure that the Town was covered by that technicality. Siegel told the City Manager that his written notice of appeal was not to be used unless no appeal had been filed. Siegel stated that he would like Dr. Hau to go on with the process and noted that Dr. Hau had made his point that he thought this was an illegal appeal." 11.7 Closed Session: Decision Whether To Initiate Litigation [Government Code Section 54956.9(c)] Council adjourned to a closed session at 11:20 p.m. and reconvened at 11:40 p.m. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned in memory of Thelma Dunnett, well-known Los Altos civic leader, who passed away on November 3rd. Mrs. Dunnett had been every active in many local organizations including the Los Altos Chamber of Commerce, the El Camino Hospital Auxiliary, the Los Altos Senior Center and the Handicapped Children's Olympic Games and her contributions were many. The meeting was adjourned at 11:45 p.m. to an Adjourned Regular Meeting at 6:00 p.m. on Wednesday, December 5, 1990. Respectfully submitted, Patricia Dowd City Clerk The minutes of the November 7, 1990 Regular City Council Meeting were approved at the December 5, 1990 Council Meeting. ibsts November 7, 1990 13