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HomeMy WebLinkAbout10/04/1989 Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday, October 4, 1989,7:15 P.M. Council Chambers, 26379 Fremont Road cc: Reel 205, Tr. I, Side 11, 001-end Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. PASSED BY CONSENSUS: To continue Item 8.1 on Code Adherence to the next meeting at which all Councilmembers would be present (believed to be the meeting on October 18, 1989). 1. CALL TO ORDER,ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Mayor Casey and Councilmembers Johnson and Tryon Absent: Mayor Pro Tem Siegel and Councilmember van Tamelen Staff: City Manager Thomas Frutchey; City Attorney Frank Gillio; Director of Public Works Bill Ekern; Planning Director Ann Jamison, and City Clerk Pat Dowd Press: None 2. PROCLAMATIONS AND SPECIAL PRESENTATIONS 2.1 Proclamation declaring October as Paratransit Month in Santa Clara County PASSED BY CONSENSUS: To proclaim October Paratransit Month in Santa Clara County. Tryon asked why proclamations were now shown in a separate section of the agenda rather than on the Consent Calendar.and suggested that the earlier procedure be kar1 followed. PASSED BY CONSENSUS: To include proclamations on the Consent Calendar. 3. REPORT FROM THE PLANNING COMMISSION Planning Commissioner Emling reported that the following issues were discussed at the 9/27/89 Commission Meeting: 1) Lands of Collinson, variance request for a garage to remain which was constructed in the front setback - denied; 2) Lands of Ashman, request for a variance to allow for the construction of an addition and a swimming pool - denied; 3) Lands of Hansen, staff recommended levels of development at 4,000 square feet of floor area and 5,000 square feet of development area as appropriate if certain other conditions were met for the requested conditional development permit and site development permit. Regarding the Hansen application, Mr. Emling commended the staff for their excellent presentation. The Commission also discussed the issue of salary/compensation and agreed to continue with the present compensation. 4. CONSENT CALENDAR Items Removed: 4.1 (Tryon), 4.3 (applicant) and 4.4 (City Atttorney) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.2 Approval of Warrants: $124,845.68 (September 29, 1989) 4.5 Monthly Financial Report for August, 1989 4.6 Certificates of Appreciation: Angie Boissevain, Environmental Design and Protection Committee; Ed Collins, Pathways Recreation and Parks Committee; and Ernest Solomon, Roads and Drainage Committee Items Removed: 4.1 Approval of Minutes: September 20, 1989 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and 2 passed unanimously by all members present to approve the minutes of the September 20, 1989 meeting with the following corrections: page 1, Item 2, Line 6 insert 'over a period of time' after California; page 5, paragraph 5, add the following sentence at the end: He further noted that the City Clerk asked if he had a preference for a hotel in Monterey and he said he would prefer to stay where he had stayed last year.' 4.3 Encroachment Permit, Lands of Bjorklund, Ascension Drive --Resolution Mr. Bjorklund, applicant, asked for a slight change to the permit before the Council to allow for the attachment of a certain portion of the downspout to the pipeline. The Director of Public Works did not see any problems with this request. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to adopt Resolution #115-89 approving and authorizing execution of an encroachment permit agreement between the Town and Gary C. Bjorklund and Carolyn M. Bjorklund. 4.4 Request for Extension of Timeline for Installation of Subdivision Improvements, Lands of Jones, Via Ventana and Page Mill, Final Map #3-88 The Director of Public Works' staff report included the recommendation that the Council approve the requested extension from October 1989 until August 1991 or the sale of either of the properties. The City Attorney noted that if Council granted the requested extension, the appropriate action would be the adoption of a resolution . MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to adopt Resolution #116-89 approving and authorizing execution of addendum to subdivision agreement between the Town and Shelly R. Westall and Margaret R. Westall, as successor co-trustees of the Jones Family Trust, dated July 5, 1972. 5. PRESENTATIONS FROM THE FLOOR Mr. Olin Nichols, 11620 Buena Vista Drive, reported on the Los Altos Hills Country Climb scheduled for November 4, 1989. Everyone was welcome to participate and Mr. Nichols noted that the proceeds would go to Hidden Villa. He further commented that he and the City Manager had gone over the route and that everyone living along the `r route would be notified of the event. Tryon suggested that the GLcnfPs Depai ln.eid*be *County of Santa Clara (AMENDED BY COUNCIL 11/1/89) 3 induded on the waiver list in the announcement and staff stated they would work on this. Mrs. Teddi Schick, 26400 Weston, read a letter to the Council on the issues of Council travel expenses and requests for reimbursement. (This letter is on file at Town Hall.) In particular, Mrs. Schick asked Councilmember Johnson for his justification of staying at the Hotel Pacific in Monterey for a League of California Cities Conference and asked Mayor Casey for her explanation of expenses incurred at the same conference. Mr. Edward Willi, 24855 Prospect, noted that he had been informed that the cost of subscribing to Council and Planning Commission minutes and agendas had been raised from $20 to$60 per year. He did not support this 3O94increase and suggested that it did not encourage interest by the residents in Town matters. It was agreed this matter would be agendized for a future meeting. *(AMENDED BY morrcu, 11/1/89) 6. PUBLIC HEARING 6.1 Request for approval of proposed negative dedaration and tentative map for a six-lot subdivision, LANDS OF FINN, FILE TM #2-89, Prospect Avenue Council had before them the Director of Public Works' staff report dated 10/4/89 which included the following recommendations: 1) certify the mitigated negative declaration; 2) approve a tentative map of five lots subject to conditions of approval; and 3) name the street Sabin Lane. The report also included background and analysis of the discussion of this project at the Planning Commission and their recommended conditions of approval for a six-lot subdivision. Mr. Paul Myers , applicant's attorney, addressed the issue of the number of lots and asked Council to approve the application for six lots. Mr. Myers then introduced the others present who would address certain aspects of the project. Mr. Stephen Finn, applicant, gave a brief history of the property and his involvement with the proposed project. He explained his plans to restore the original house and noted that he had worked with the neighbors and had received a positive response to his plans. Mr. Finn also suggested that Sabin Lane would be more appropriate for the project next door when it was developed as that was where Mr. Sabin actually lived. kor He would support the name of Finn Way in honor of his father who had built many 4 homes in the Town. Ms. Pat Webb, Brian Kangas Foulk, addressed the Council regarding the Lands of Finn. She stated that the project was in conformance with the subdivision ordinance and the Town's zoning requirements. It was a straightforward project and none of the neighbors had spoken against it. Ms. Webb supported the Commission's recommendation of a six-lot subdivision but did have several suggested changes to the conditions of approval as recommended by the Commission. Regarding these changes, Ms. Webb noted that not all of the proposed conditions had been available for review prior to the Planning Commission Meeting which is why they were being discussed at this time. Ms. Webb made the following comments on the conditions: 1) supported Finn Way rather than Sabin Lane; 2) supported 10' easement rather than 20'; 3) proposed doing a drainage study;4)proposed doing a sight distance study and 5) proposed a reimbursement agreement for sewer connections. The City Attorney referred to condition #34 regarding the Town entering into a development agreement and stated that this was not possible as the Town had not taken the appropriate steps with the State to deal with development agreements. The Director of Public Works stated that the condition did not necessarily refer to a 'development agreement' but rather to some form of agreement between the Town and the applicant. Mr. Jack McCarthy, applicant's designer, explained the design of the proposed homes and the visual impact on other homes in the area. He stated that he believed conditions 31 through 33 as recommended by the Planning Commission were too strict. These conditions required the placement of deed restrictions on lots 4, 5 and 6 regarding height limitations. Council discussed the possibility of sending certain conditions back to the Planning Commission for review but approving the remainder of the tentative map and conditions. Staff commented that the negative declaration before Council was for a six- lot subdivision. Therefore, if Council approved it, they would be concurring with the six-lot proposal. It was also pointed out that the time period for consideration of the tentative map was reaching an end and if Council did not take action it would be necessary to obtain a request for a lime extension from the applicant. MOTION SECONDED AND WITHDRAWN: Moved by Tryon, seconded by Johnson and withdrawn to approve the negative declaration for Lands of Finn and to send the 5 project back to the Commission for review. Mrs. Shari Emling, 11853 Murietta Lane, commented on the issue of the twenty-foot easements and stressed the importance of consistency. She referenced the recent discussions of the Quattrone and Hansen projects and commented on their excellent plans and their conformance to the Town's regulations. Mrs. Emling suggested that perhaps it was a good idea if this project did go back to the Planning Commission. Mr. Edward Emling, Planning Commission, suggested all conditions be sent back to the Commission for recommendation. Mrs. Betsy Bertram, 11854 Page Mill Road, commended the Council and the Planning Commission for the work they had done on this project. In her opinion it would show future developers that there were rules and regulations that must be followed. Mr. Philip Dauber, member - Pathways Recreation and Parks Committee, reiterated his concerns that the pathways should be dearly marked on the map as for use by all non- vehicular traffic. `, Mrs. Fran Stevenson, 26989 Beaver Lane, commented on the twenty foot easement issue and noted that ten feet could be taken from each lot rather then all twenty feet taken from one lot. Mr. Jim Abraham, 12831 Viscaino, addressed the sewer condition and suggested that sooner or later everyone would want to connect to sewer and get off septic. He also supported the twenty foot easement condition. Mr. Sterling McNees, 24990 La Loma, corrected some of the comments made regarding the contours of the lots and also commented on the issues of drainage and safety. Ms. Penelope Millican, 24911 Prospect, noted that the sewer would have to be pumped uphill and asked what would happen when the power went off, which it often did. Mrs. Judy Carico, Planning Commissioner, stated that the Council had seen quite a bit of information on this project that had not been reviewed by the Planning Commission. Mr. Paul Myers, applicant's attorney, stated that they could actually have more than six lots on this property but he would like direction from the Council at this time on the �r 6 application for six lots. In response to suggestions that they go back to the Planning Commission, he noted the impact of time and cost on his client and asked that the project go forward. Mr. Myers suggested that a notation be placed on the final map that the development on the lots would have to go through the Site Development Process. Mr. Myers also commented, in response to an inquiry from Council regarding the possibility of a time extension, that he was not authorized to grant such an extension. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to approve the negative declaration for a six-lot subdivision for the Lands of Finn. AYES: Mayor Casey and Councilmember Johnson NOES: Councilmember Tryon ABSENT: Councilmembers Siegel and van Tamelen MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to adopt Resolution #117-89 approving tentative subdivision map of Lands of Finn subject to conditions of approval as recommended by the Planning Commission. AYES: Mayor Casey and Councilmember Johnson NOES: Councilmember Tryon ABSENT: councilmembers Siegel and van Tamelen Tryon stated that she had not voted in favor of this project because she was aware of staffs concerns and she did not see that there was an urgency to take action at this meeting. 7. OLD BUSINESS 7.1 Banning the Use of Steel Jaw Animal Traps -- Ordinance # (First Reading) The City Attorney commented on the State's authority in matters such as animal traps. He noted that unless there were public health and/or safety reasons, local agencies could not adopt such ordinances. Johnson stated his belief that all steel jaw animal traps should be banned but the ilW ordinance prepared by Santa Clara County did not outlaw all such traps. Johnson 7 stated that this proposed ordinance does not achieve the objective he had hoped for. Council took no action on this item. 7.2 Sewer Assessment District No. 11: Reimbursement Agreement, Lands of Currie Subdivision, O'Keefe Lane Council had before them the City Manager's staff report dated 10/3/89 which induded recommendations, background and analysis of the following five issues: 1) reimbursment of any extraordinary costs incurred in resolving drainage and street reconstruction problems adjacent to 25311 O'Keefe Lane; 2) the unexecuted reimbursement agreement between the Assessment District and Charvez and the amount that is to be reimbursed; 3) any additional costs incurred by the Lands of Currie subdivision because of their inclusion within the district; 4) reimbursement by properties outside the district that had already tied in to the O'Keefe main or that might tie in to the main in the near future; and 5) interest accrued since reimbursement had not occurred as quickly as it would have if agreements had been executed. The report also referred to the following background information. In July 1987 the Town approved the eight-lot Lands of Currie subdivision with one of the conditions being the installation of a sanitary sewer main. The subdivider, Charvez International, represented by Mr. Mehdi Mohammadian, requested in September 1987 that the Town enter into a reimbursement agreement in anticipation of costs for the sanitary sewer extension. This agreement was never executed. In 1988 Sanitary Sewer Assessment District No. 11 was created and Charvez elected to place the subdivision in the district. This district was funded at a level to repay Charvez up to$130,000 for that portion of the improvements on O'Keefe that extended from Los Altos up to the Lands of Currie subdivision. This agreement between the Town and Charvez International was also not executed. The funded reimbursement of $130,000 was less than the$170,841 originally requested by Charvez for two reasons. First, the $170,841 included the costs of sewer improvements made within the Lands of Currie subdivision; and second, the $170,841 also includes costs -- such as $15,531 for "10% miscellaneous, coordination, overhead" and $8,060 for the costs of the Town inspection — that cities would not normally authorize for reimbursement. Mr. Mehdi Mohammadian, applicant, explained to the Council his understanding of the background on this issue of reimbursement. He raised several questions regarding L. the staff report and did not concur with certain statements made in the report �r 8 regarding time schedules, negotiations entered into and amounts of funds to be reimbursed. In his letter dated 9/29/89 to the City Manager, Mr. Mohammadian stated that $160,000 was the minimum acceptable total reimbursement for all outstanding issues related to the sanitary swer on O'Keefe Lane. Council discussed this issue before them and noted that it was quite complicated and confusing. Casey referred to her meeting with staff and the applicant and their attempt to reach a reasonable compromise regarding this matter. Regarding the reimbursement agreement, the City Attorney noted that specific properties would need to identified for completion of such an agreement. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to 1) direct staff to execute an agreement between Sewer Assessment District No. 11 and Charvez International to reimburse Charvez for $130,000 plus interest in expenses associated with the installation of a sewer main under O'Keefe Lane; 2) to direct staff to draft a five-year reimbursement agreement between the Town and charvez International to cover any properties not within Sewer Assessment District No. 11 that connect to the O'Keefe sewer main or any tributary to it; and 3) request Charvez to draft a specific proposal, if Charvez so chooses, for any additional reimbursement it believes is appropriate. 8. NEW BUSINESS 8.1 Code Adherence PASSED BY CONSENSUS: To continue this item to the next Council Meeting at which time the full Council will be in attendance. 9. REPORTS FROM STANDING AND AD HOC COMMITTEES 9.1 Roads and Drainage Committee Tryon, Council liaison to the Roads and Drainage Committee, congratulated William Downey on his reappointment as Chairman and William Pierce on his appointment as Vice Chairman. 10. STAFF REPORTS 10.1 City Manager 9 110, 10.1.1 Status Report on Recycling (oral report) The City Manager reported that a meeting had been held in the Heritage House before the Council Meeting to discuss the issue of recycling. Representatives from the Los Altos Garbage Company were present as well as interested residents. Several alternatives were being considered and the Los Altos Garbage Company planned to send a questionnaire to the residents about mid-November. The questionnaire would be reviewed by staff It was hoped to have a final proposal to present to the Council at their first meeting in December. As requested by the Mayor, any report on recycling would be sent to Mr. David Roos for his information. 10.2 City Attorney 10.2.1 Report on conditions, covenants and restrictions (CC&Rs) in the Town (oral report) The City Attorney referenced Sections 6-1.201 through 6-1.208 of the Municipal Code concerning horses and noted that regarding horses CC&Rs could prevail over the Town's Code. Mrs. Betsy Bertram, 11854 Page Mill Road, asked Council if they would direct staff to ensure that no CC&Rs in the Town prevented the keeping of horses and to possibly include this in the Town's Code. 10.3 City Clerk 10.3.1 Report on Council Correspondence dated 9/29/89 10.4 Planning Commissioner Emling Commissioner Emling asked for clarification of exactly what issues could be discussed if Lands of Finn went back to the Planning Commission. Personally he believed it should have been denied without prejudice. Nevertheless, be believed it important that the City Attorney attend the Planning Commission meeting at which Lands of Finn was scheduled. 11. COUNCIL BUSINESS 11.1 Intercity Consolidation Committee By-Laws (Councilmember �✓ 10 Tryon) *Mayor or the Mayor's designee (AMENDED BY COUNCIL 11/1/89) Tryon commented on some changes to the proposed by-laws before Council. In part these changes addressed including the Mayers-designee-instead-eMke M.ire. on the City Selection Committee, the sending of all agendas and minutes to all Councilmembers and the scheduling of meetings for the general membership. PASSED BY CONSENSUS: To approve in concept the amended by-laws of the Intercity Consolidation Committee and to express interest in the receipt of additional information on this issue in the future. 11.2 Traffic Authority Joint Development Policy Tryon referenced the information in the Council packet on the Traffic Authority Joint Development Policies and asked if Council had any comments and/or questions. Councilmembers present stated they/had no comments on the report. *had not read the report and (AMENDED BY COUNCIL 11/189) A discussion followed on the issue of informational versus action items on the agenda. The City Manager suggested that Councilmembers let him know if an item 411/ they were placing on an agenda was an informational or action item. He could then include this on the agenda. Tryon noted that 'must take action' was not put on agenda items requiring action. In this case she had included the information on the Traffic Authority Joint Development Policy for the Council's information and comments, if they had any on the subject. 11.3 Agenda Setting Policies (Mayor Casey) Casey asked that the minutes of the previous meeting be changed to include the following statement before the last sentence on page 12 under the agenda development process: "The Thursday prior to the Council meeting was the deadline for placement of items on the agenda and receipt of all materials.' Casey also asked that this report on agenda setting policies be forwarded to Councilmember van Tamelen. Tryon noted that van Tamelen would be advised of this policy as it was included in the minutes of the meeting. Casey noted, however, that part of the agenda setting procedure had been omitted and she wanted to be sure that van Tamelen received a complete policy and that the minutes correctly reflected this policy. (11. 11 11.4 Mrs. Schick's comments on Council Expenses MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to agendize Mrs. Schick's comments and request for clarification of Council expenses for the next Council Meeting. 11.5 Intergovernmental Council (Councilmember Tryon) Tryon noted that Mayor Pro Tem Siegel had asked her to sit in for him at the 10/5/89 IGC Retreat. If Council had any comments on subjects to be discussed at the retreat, please let her know. 12 ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 10:30 p.m. Respectfully submitted, Patricia Dowd City Clerk 12