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HomeMy WebLinkAbout12/19/1990 (2) Minutes of a Regular Meeting December 19, 1990 Town of Los Altos Hills City Council Meeting Wednesday, December 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 7:20 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson and Tryon. Absent: None Staff: City Manager Thomas Frutchey; City Attorney Sandy Sloan; `r Director of Public Works Bill Ekern; Planning Director Ann Jamison; and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 2.1 Status Report from Sun Country Cable Siegel reported that representatives from Sun County Cable were unable to be present at this meeting but would give a report at the January 16th meeting. Council had received a letter from Sun Country which had an update on the cable system in Town. In part the letter noted that construction of the system was now 85% completed and the entire initial service area was scheduled for completion by mid-January. To date, 1,506 homes had been released to the sales crews, resulting in 481 basic sales. Mr. Ken Daniels, 26481 Purissima, questioned the contract with Sun Country. He stated that they had committed to completing the project in 22 months in the contract with expired in April, 1990. There was also a $40,000 letter of credit with a penalty of$150/day after a 90 day period. He asked if this was being collected and the Mayor responded that it was not. When the total number of days was known, then the penalty would be imposed. Mr. Daniels further commented that he thought 1► December 19, 1990 1 ` Sun Country had done a nice job but it was not a complete one. He suggested �r collecting the fee and setting it aside in a fund to complete the undergrounding. Mr. Daniels recommended that Sun Country submit strand maps. In conclusion, he asked if Sun Country had provided for the number of channels that they said they would. Tryon asked and Council concurred that Sun Country be asked to respond to these questions in their report to the Council on the 16th. 3. PLANNING COMMISSION REPORT Commissoner Comiso stated that she had nothing to add to the Planner's report of the 12/12/90 Planning Commission meeting but was available to answer any questions Council might have. Tryon asked if St. Nicholas had been compared to other schools regarding lighting and Hubbard asked about the public address system. It was noted that this item was on the Consent Calendar and these questions could be addressed at that time. 4. CONSENT CALENDAR Items Removed: 4.1 (Tryon), 4.2 (Casey), 4.3a) (Tryon) and 4.7 (Tryon) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specificially: 4.4 Transmittal of Letter to the Environmental Sciences Associates Relative to the Draft Environmental Impact Statement for Foothill College Office Building Project 4.5 Filing of Notice of Completion for the 1990 Pavement Management Road Repairs Project -- Reso #68-90 4.6 Accepting Offer of Dedication of a Portion of Alta Lane North as a Public Pathway Easement, Bob Owen Homes -- Reso #69-90 Johnson abstained from voting on this issue. Items Removed: 4.1 Approval of Minutes: December 5, 1990 (Adjourned Regular) Tryon questioned the consensus vote regarding the hiring of Brian, Kangas Foulk on an interim basis to provide planning services but it was Council's recollection that this was correct. December 19, 1990 2 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson 4111, and passed unanimously to approve the minutes of the December 5, 1990 Adjourned Regular Meeting. 4.1 Approval of Minutes: December 5, 1990 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to approve the minutes of the December 5, 1990 Regular Meeting with the following corrections: page 4, item 4.7, second paragraph, second sentence, change 'an addition of' to 'a separate structure of' and page 9, state Tryon's comments on Hau before the motion. 4.2 Approval of Warrants: $96,265.73(12/5/90) Casey asked that the warrants be removed from the Consent Calendar because there were two warrants which referred to items on the agenda and she wanted to bring them to Council's attention. Specifically, the $2,500 bill from PRX for the Town's logo and the $4,224.99 charge for PERS health benefits. It was agreed that the warrants could be approved at this time with discussion of these issues to be conducted later in the meeting. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the 12/5/90 warrants in the iir amount of $96,265.73 4.3 Consideration of Whether To Concur with or Review the following Planning Commission Actions at Its Meeting on December 12, 1990: 4.3a Review and Modification of the Conditional Use Permit, Lands of St. Nicholas School, 12816 El Monte Avenue Tryon questioned the condition that stated that the use of lighting shall be limited to times when faculty and staff are present and wondered if it should be changed to allowing the lights to be on until 11 or 12 at night in case a teacher had to return the school. The Planning Director noted that they only had about 12 special events a year and Casey commented that the school did not want the lights on all the time. Planning Commissioner Comiso noted that this issue would be discussed again in 1992 in conjunction with the Clausen subdivision. Hubbard questioned the condition related to the public address system and whether there should be a phrase included stipulating no annoyance to the neighbors. It was pointed out that this condition had been in place for a long time and there had been no problems. Council could review a conditional use permit at any time there was a perceived nuisance. December 19, 1990 3 `r MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed by the following roll call vote to concur with the review and modification of the conditional use permit for Lands of St. Nicholas School, 12816 El Monte Avenue. AYES: Mayor Siegel and Councilmembers Casey, Hubbard and Tryon NOES: None ABSTAIN: Johnson 4.7 Request from Bullis School for Financial Support of Pay Phone Council had received a request from the PTA at Bullis/Purissima School that the Town pay the $36 monthly fee for a pay phone at Bullis and the school would pay the $240 installation charge. The request stated their belief that a pay phone was very important for the safety of the children in cases of emergency or being lost. Casey and Hubbard stated that they thought it was very important to have a pay phone at Bullis and it was not enough that there was one at Town Hall. Tryon noted that there could be problems with pay phones on premises such as the one that had been removed from the church parking lot on Magdalena. MOTION FAILED DUE TO LACK OF A SECOND: Tryon moved that the PTA be 11.0 thanked for their letter and that a counter offer be made the Town would pay the $240 installation fee and the School District would pay the monthly charges. PASSED BY CONSENSUS: To authorize the City Manager to negotiate with the School District regarding the installation of a phone booth at Bullis and sharing the costs between the School District and the Town and to report back to the City Council. 5. PRESENTATIONS FROM THE FLOOR Planning Commissioner Comiso requested that the Commission receive copies of the draft Council Meeting minutes. Council agreed that this should be done and that they also should receive copies of the draft Planning Commission minutes. Mr. Wes Henderson, representing the Los Altos Hills Little League, presented a plaque to Town crewmember, Mike Rippey, for his outstanding extra efforts in getting the little league fields ready for the 1990 season. Much of the work was done on his own time and he helped make the 1990 season a great one. Mr. John Sims, 10700 Magdalena, addressed the Council concerning the roadwork on Magdalena and what he considered a hazardous situation. As a result of the work done there was a 2 1/2' deep ditch, 600' long which was a serious safety hazard, December 19, 1990 4 especially at night and which had disrupted mail service for the last ten days. Mr. `r Sims recommended burying the drainage pipe and reevaluating the project. Council agreed that this issue would be agendized for the January 8th meeting with the Roads and Drainage Committee being asked for their input. Casey also asked why the neighbors were not notified of such projects being done by the Town. A similar situation had been the tree planting on Altamont. Mr. Jim Reed, 10779 Magdalena, stated that as a result of this project his property would experience a lot more drainage. 6. PUBLIC HEARINGS 6.1 Request for approval of a negative declaration and tentative map for a lot consolidation subdivision, Lands of Micko, Kingsley Avenue The Planning Director's staff report dated 12/19/90 noted that this was a request to assemble ten small existing lots into one lot of less than one acre. The original lots were created in 1913 and the land was flat. The Planning Commission recommended denial of this request based on their inability to make the findings for the necessary conditional exceptions. {, Mr. Micko, applicant, addressed the Council concerning his proposed project. He noted that he had been a resident of the Town from 1974 to 1987 and he was a strong supporter of the one-acre minimum zoning. Mr. Micko commented on the maximum development areas of the lots, the building site circles, the view corridors and an incentive plan by deed restriction for any present or future owners regarding development and the purchase of additional lots. Mr. Micko believed it was a good project and comments from both agencies and staff had been favorable. He asked Council to grant the conditional exceptions but if they had any questions or needed more information, he encouraged them to continue this item and visit the site themselves. Mr. Micko also noted that the property was in escrow pending approval of the lot consolidation. Mr. Albert Henley, 26131 Taaffe Road, stated his belief this consolidation could be granted. The system allowed for special circumstances. He commented on the reasons behind the incorporation of the Town and believed he understood what these were as he was an original founder of the Town. The purpose of incorporation was not to keep people out who really wanted to live in the Town but rather to retain local rules rather than being regulated by the County. Mr. Henley commented that Mr. Micko had presented a good plan to the Council; he had worked within the Code and he had earned the Council's support. This was a unique situation. December 19, 1990 5 Mr. Aaron Fink, 26157 Altadena Drive, urged Council to reject this lot consolidation proposal as it would go against the General Plan and was an abuse of discretionary power. The issue was compliance with the Code of the Town. He listed four objections he had to the project: it was not in conformance with the findings of the de la Raza court case of 1974; a conditional exception should be exceptional; the Planning Commission denied this request; and the hardship to owner had not been established. Mr. William Helson, 26160 Rancho Manuella, noted that he had moved to the Town twelve years ago and was a supporter of its rural nature. He was against the Micko proposal as it provided for the development of substandard lots. Mr. Lincoln Westcott, 26140 Rancho Manuella, asked about secondary dwellings and was advised that they were not a part of the application as the property was less than one acre. Johnson stated that the intent of this application was to take several substandard lots and create a substandard lot. If this were granted it would be the end of one-acre zoning. He appealed to the Council to protect the one-acre zoning. Casey also upheld the one-acre zoning but she believed this application was in line with the zoning ordinance and the rural atmosphere of the Town. Casey further supported the restrictions imposed on the size of the homes as proposed by the applicant. She believed the system allowed for special circumstances and this was not precedent setting but rather a unique situation. Hubbard noted it was a philosophical question. Was it better to consolidate two smaller sub- standard lots into a larger sub-standard lot when a certain amount of development was possible on each of the smaller lots? Tryon stated she was impressed with Mr. Micko's presentation and Mr. Henley's comments. She too believed in a common sense approach but did not recall ever creating a lot less than one acre. She could not look at the individual but rather than the land and could not vote favorably for the creation of a lot less than one acre. Siegel concurred with Tryon's comments. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to approve the negative environmental declaration for Lands of Micko. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to deny the conditional exceptions and therefore the lot consolidation tentative map for Lands of Micko, Kingsley Way. December 19, 1990 6 `r 7. UNFINISHED BUSINESS 7.1 Designation of Town Arborist Council had before them the Director of Public Works' recommendation that Richard Huntington of Mayne Tree Expert Company be named as the Town's arborist. Tryon asked how many other arborists had been contacted and the Director of Public Works responded that Mayne Tree Expert Company was the only one as it was a very limited marketplace. Tryon stated that she believed at least three people should be contacted. Johnson also commented that he did not think the Town should be used for advertising purposes with the person selected. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed by the following roll call vote to continue this item to the 1/8/91 meeting and to direct the Director of Public Works to contact others who might be interested and ask them to submit proposals. AYES: Mayor Pro Tern Hubbard and Councilmembers Johnson and Tryon NOES: Mayor Siegel and Councilmember Casey 7.2 Playing Field Maintenance Council had before them the City Manager's staff report dated 12/19/90 which included recommended principles of agreement between the Town and the Little League and the recommendation that the Town enter into an agreement with the Little League based on these principles. He also noted that staff had been working closely with Fred Pilster and Wes Henderson of the Little League on a contract for maintenance of the Little League Fields and the bid from Colony Landscape was being recommended for approval. Under the proposed arrangement the League would contract with Colony on a cost-sharing basis with the Town and the League would bear full contractual and supervisory responsibilities with Colony and the Town would contribute a fair share of the incurred expenses. Mr. Wes Henderson, representing the Little League, commented on the importance of sharing budget information and needs between the Town and the Little League. He also commented on the important issues of water and repair to fences and one-time expenses such as the changes 4 made to the infield. �/ December 19, 1990 7 Hubbard suggested adding the Town to the hold harmless agreement section of ihr the proposed contract with Colony Landscape and Siegel thought the Town should be the contracting authority and he also wanted to be sure that the Little League Board had approved this contract. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the principles of agreement establishing a cost-sharing relationship with the Little League for the maintenance of the Town's playing fields as outlined in the City Manager's 12/19/90 staff report and to authorize the City Manager to enter into an agreement with the Los Altos Hills Little League based on the approved principles. It was also noted that a complete report concerning the Little League would be brought back to the Council in June. PASSED BY CONSENSUS: To move items 8.4, 8.5 and 9.1 forward on the agenda. 7.3 Lands of Bellucci - Request to Relocate Bridge over Adobe Creek Mr. Bellucci, applicant, explained to the Council his reasons for wanting to relocate the bridge over Adobe Creek. In part, he cited an invasion of the (111W residents' privacy where the bridge is presently going to be located. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to agree in concept to moving the bridge and ingress/egress easement to the location requested by Mr. Bellucci, subject to the understandings outlined in the 12/19/90 staff report prepared by the Director of Public Works on this subject (on file at Town Hall). 7.4 Request from Mr. McGowen that Council Revoke the Conservation Easement on Lands of Eshner, Altamont Road Mr. Richard McGowen, attorney representing the Eshner Estate, asked Council to make the decision whether or not there was a conservation easement on the Lands of Eshner. He referred to the history of the land noting that in 1971 there was a three lot subdivision and a conservation easement was put in place to preserve the view of the Eshners. This dedication was rejected by the Town as stated on the Clerk's Certificate. In 1989 there was a subdivision of parcel four into six lots and a revocation of the conservation easement was filed based on the fact that the Town had earlier rejected it. Mr. McGowen stated this was an issue of substantial property rights and of concern to several charitable concerns. December 19, 1990 8 The Director of Public Works stated that at one time the Town routinely rejected offers of dedication. The City Attorney referred to sections of the Government Code and the Civil Code. There were two options open to Mr. McGowen. He could file for vacation proceedings of the conservation easement or he could request that the final map be amended to remove this condition. The ordinance enabling modification of final maps was on tonight's agenda and if approved would be effective in 30 days. She further noted that the Clerk's Certificate did not refer to the conservation easement. Mr. McGowen stated that he did not think the options raised by the City Attorney addressed the issue. Mr. Ron Chalmers, Director of Development - Children' Hospital at Stanford, noted that they had been advised that one day Julie Eshner's estate would benefit the hospital. Timeliness was an issue as the hospital as well as other charitable beneficiaries were all in need. Mr. Hal Palmer, representing University National Bank and Trust Company, noted that they had entered into an agreement two years ago for the development of part of the land. They would like to see the issue resolved and if the conservation easement is in place they will terminate the contract. Mr. James Jackson, attorney, stated that the contract under discussion was based on a certain number of lots. Casey suggested continuing this matter to the January 8th meeting as there was disagreement between the attorneys and more time was needed to resolve certain issues. She also suggested holding the vacation of easement public hearing at the same time. Siegel referred to the City Attorney's comments and noted that the conservation easement had been a condition imposed by the Town for the Jules Eshner subdivision in 1971. Tryon and Johnson supported the City Attorney's comments. Council agreed that Mr. McGowen could file for vacation of conservation easement proceedings if he wished without relinquishing his belief that the conservation easement had been revoked. 7.5 Byrne Preserve Pathways Improvements Council had received a detailed set of recommendations regarding improvements to Byrne Preserve from the Pathways, Recreation and Parks Committee. A staff report had also been prepared by the City December 19, 1990 9 Manager which noted that Council had approved a capital project �r appropriating $10,000 for fence repairs. The report listed several efforts to be undertaken for fence repair and also noted the related tasks of a second year of pathway clearing and repairs by the San Jose Conservation Corps and a first year effort to kill star thistle within Byrne Preserve. Staff believed that the fence repairs and additional tasks listed in the staff report could be accomplished with available funding. Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted that the Altamont posts were sixteen years old and needed replacing and the fence at Westwind and the Preserve on the easterly side needed to be replaced. Of the two projects, the fence was a higher priority. Mr. Philip Dauber, 27930 Roble Alto, commented that what was really being discussed was the preservation of a horse pasture; a park does not need a fence. He believed if a fence was put around the preserve it should be paid for by the people who graze their horses there. Mr. Bob Stutz, 25310 Elena Road, noted that the horses had originally been put. in the Preserve to reduce the fire hazard. He also commented that some of the posts on Altamont were in good condition and if the posts were dipped they would last for fifteen years. Tryon asked that the Town continue to plant seedlings at the Preserve and also continue to support Byrne Preserve. The Director of Public Works reported that Jim Stout would be working on eradicating star thistle in the Preserve the end of January. An additional alternative was to have the conservation corps pull it by hand and in the meantime fence off the really bad section of the Preserve as the star thistle was dangerous to the horses. PASSED BY CONSENSUS: To direct staff to use the $10,000 capital project for fence materials and/or labor at the discretion of the Pathways, Recreation and Parks Committee and staff and to replace additional posts as needed. 7.6 Town Logo Casey stated her concerns and surprise at the proposed Town logo before them. She believed it should be a Council-directed project and a sub-committee of the Council should be appointed to work on it within a firmly established budget. Casey expressed serious concerns about the cost, noting that$2,500 had already been spent with a total of $5,000 projected for the project. There were other items with a higher priority to spend money on. Johnson stated that the old letterhead had been very difficult to read but December 19, 1990 10 noted that the letterhead now in use was clearer. He believed the proposed logo might be even better for future use. Tryon noted that the City Manager had been directed to upgrade the image of the Town and it was dear that the City Council had directed the City Manager to work on a new logo. She believed the image of the Town was important and it was time to move forward. Tryon also asked that input be received from the public on proposed logos. Hubbard asked what the future costs of this project would be . PASSED BY CONSENSUS: To continue this item to the 1/8/91 meeting; to display the logos for public comment; and to determine future costs involved in getting materials such as letterhead camera ready. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to go past the 11:30 p.m. hour of adjournment. 7.7 Ordinance Enabling Modification of Final Map (Second Reading) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to adopt Ordinance #343 amending Title 9 of the Los Altos Hills Municipal Code by adding a section regarding modification of final maps. Tryon expressed some concerns about this ordinance and believed this Council and future Councils should be judicious in its application but she supported its adoption because she believed there were occasions when it was the right thing to do. Mr. Pierce, 14380 Manuella, thanked the Council for their action regarding the adoption of this ordinance. 7.8 Health Plans Council referred to the City Manager's staff report dated 12/19/90 which addressed the methods available to the Town to save costs by reducing the level of health care benefits. In part, the alternatives were: limit the available health plans to those that are cost competitive; pay for no more than one-half of dependent care coverage for those employees having spouses that also are covered by health insurance; limit the increase in annual Town-paid contributions to a certain percentage, based on increases in some standard index; and pay the full share of employee costs, 4111,9 but pay only a percentage of dependent costs. December 19, 1990 11 `r Councilmembers discussed the costs to the Town of presently offering all health plans offered under the PERS health benefits program to employees and the various alternatives available to reduce these costs. They also discussed cost of living, benefits for retired employees and Casey commented that dependent coverage was less expensive if an employee got it on their own. PASSED BY CONSENSUS: To reduce the health plan coverage provided by the Town to Lifeguard, Kaiser and Take Care, said changes to go into effect July 1,1991. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to direct that the Town continue to pay the full cost for employees and for the employees to contribute 25% of the dependent care, said action to be effective 8/1/91 AYES: Mayor Siegel and Councilmembers Casey, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Tryon It was further agreed that staff would report back at a later date on benefits for retired employees and that the issue of cafeteria style health plans would be agendized for a future meeting. 7.9 Council Direction to Staff Allowing the Planning Director to Require Models or Photo Montages for Development on Sensitive Lots PASSED BY CONSENSUS: To continue this item to the 1/8/91 Council Meeting. 8. NEW BUSINESS 8.1 Stop Signs at Manuela and West Fremont Road Council had received a request from Mr. Henry, who lived at Manuela and Fremont Road, regarding the stop signs in front of his home. Mr. Henry stated that very few of the children used the Manuela/Fremont crosswalks; many vehicles did not stop at the stop sign; and he believed the stop signs which were in place had created a more dangerous situation than existed before. Mr. Henry was not present and Casey asked if he had been notified of the meeting. The City Clerk noted that Mr. Henry had been sent a copy of the agenda and the staff report. December 19, 1990 12 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unaimously to acknowledge the request from Mr. Henry but to not change the stop sign arrangement at Manuela and Fremont. 8.2 Removal of Underground Storage Tank — Appropriation of Funds and Award of Contract MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to award a contract to PETROTEK for the removal of the underground storage tanks in the amount of $12,140; reject all other bids; and appropriate $14,500 from unallocated reserves for removal, permits and contingency. 8.3 Modification of El Monte Road/Foothill College Intersection Council had before them the Director of Public Works recommendation that they approve the conceptual plans for the modification of the intersection of Foothill College and El Monte Road and authorize the City Engineer to provide engineering drawings for the improvements. The Director of Public Works further commented that this was a problem intersection and was a constant source of accidents. Siegel stated that he thought this was an ideal solution for the college but he believed all parts of the El Monte Project should be combined, including drainage, the road itself, etc. He did not believe the Town should pay these design costs. Tryon did not believe there was adequate traffic information and noted that there had not been a representative from the Town on the group studying this issue. She further suggested that the college be given a stop sign and not a light. Council took no action on this item. 8.4 Lands of Bellucci - Request to Relocate Bridge over Adobe Creek This item was discussed earlier in the meeting. 8.5 Request from Mr. McGowen that Council Revoke the Conservation Easement on Lands of Eshner, Altamont Road This item was discussed earlier in the meeting. December 19, 1990 13 9. REPORTS FROM COMM111I:ES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Byrne Preserve Pathways Improvements This item was discussed earlier in the meeting. 10. STAFF REPORTS 10.1 City Manager 10.1.1 Recycling The City Manager reported that during the month of October the residents of the Town had recycled over 50% of their total solid waste stream. Council suggested sending out a press release on this outstanding achievement to all interested parties. 10.1.2 Dead Tree on Ravensbury Casey asked staff to take care of the dead tree on Ravensbury. 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence dated 12/11/90 11. COUNCIL-INITIATED ITEMS 11.1 Memos and phone calls from Councilmember Casey requesting discussion of the following items: 11.1.1 Council Appeal Process Casey raised the issue of the Council appeal process and Tryon commented on the original process whereby Planning Commission decisions were placed on the Council's consent calendar. If there were any questions, an item could be appealed. Presently in addition to certain issues which were listed on the Council's agenda, a report from the Commission was also provided on recent Commission actions. thr December 19, 1990 14 11.1.2 Altamont Tree Planting Project Casey asked that this matter be reagendized and the neighbors be notified. The Mayor stated that the issue had been discussed at a Council meeting at which Casey had not been present and the neighbors were there. He noted that the trees were going to be moved and he suggested waiting until they were moved and then notifying the neighbors to see if anyone had any comments. 11.1.3 Fence Ordinance Casey discussed the establishment of a a sub-committee of the Council to review the fence ordinance. Tryon suggested that the matter be brought to the Planning Commission on the 9th and ask if they were interested in establishing a joint sub-committee of the Council and the Commission. Hubbard believed that in view of several other issues facing the Town, this had a low priority and Siegel suggested keeping the ordinance the way it was. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed by the following roll call vote to state that Council had no objection to the Planning Commission reviewing the fence ordinance either as a sub-committee or as the full Commission, noting that staff time was not available for this study. AYES: Mayor Pro Tern Hubbard and Councilmembers Casey, Johnson and Tryon NOES: Mayor Siegel 11.1.4 Discussion of Town's liability of site inspections Council discussed placing a disclosure on building permits and also recommending that owners consider course of construction insurance. It was agreed the City Manager would draft a building inspection advisory note and liabilities. 11.1.5 Process to obtain resident's input on major Council policies It was agreed this issue would be discussed at the Joint Meeting of the City Council and Planning Commission scheduled for January 30, 1991. December 19, 1990 15 11.1.6 The approval process of the Hau residence - evaluation from Town's perspective, neighbors, and the applicant Casey asked that this item be put on the agenda for a discussion of whether or not everyone agreed with the process and comments on whether it could be improved. 11.1.7 Discussion of appropriate and inappropriate behavior and self-initiated actions of committee chair persons and members of Town appointed committees. Casey raised this issue because she had been advised that a member of one of the Town's committees cut down trees on a resident's property on Thanksgiving Day because they were hanging over a pathway. She did not believe this was appropriate behavior. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, noted that the committeemember involved denied taking these steps and she asked Casey for a written complaint as their committee would like to address several issues that were involved in this matter. Tryon stated that she believed more facts were needed and the person involved tline should be present. The issue of parking on paths also needed to be addressed and it was a problem without signs and yet the Town did not favor a lot of signs. It was agreed that a draft policy would be prepared and that the Mayor would send a letter to Committee Chairmen. Mr. Bob Stutz, 25310 Elena, commented that horsemen often trim back trees which are growing over paths as they are riding along. 11.1.8 Future CDBG Housing Funding for the Town It was agreed this issue would be agendized for the 1/8/91 Council Meeting. 11.1.9 County Booking Fees This item was deleted from the agenda. 11.2 BayVision 2020 Commission Report Tryon asked that this report be agendized as it had a potential impact on the tar Town. December 19, 1990 16 Ite 11.3 Congestion Management Agency Tryon noted that the Congestion Management Agency's meetings conflicted with the Town's Council Meetings and they also conflicted with the cities of Saratoga and Morgan Hill. She believed these meetings were quite important and an attempt should be made to find a date which did not conflict with other meetings. It was agreed a letter would be sent expressing these concerns. 11.4 Eagle Scout Commendation Siegel stated that he had been present at the Eagle Scout ceremony for Sidart Ajoy Deb on 12/17/90 and it was agreed a letter would be sent from the Town commending Mr. Deb for his accomplishments. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting adjourned at 12:45 a.m. to an Adjourned Regular Meeting on Tuesday, January 8, 1991 at 6:00 p.m. in the Council Chambers at Town Hall. Respectfully submitted, Patricia Dowd, City Clerk The minutes of the 12/19/90 Regular City Council Meeting were approved at the 1/8/91 Regular Meeting. December 19, 1990 17