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HomeMy WebLinkAbout12/20/1989 (2) Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday, December 20 , 1989, 7:15 P.M. Council Chambers, 26379 Fremont Road cc: Reel 207, Tr. I, Side I, 001-end, Tr. I, Side II, 001-654 Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. 1. CALL TO ORDER,ROLL CALL AND PLEDGE OF ALLEGIANCE Present: Mayor Casey and Councilmembers Johnson, Siegel, Tryon and van Tamelen Absent: None Staff: City Manager Thomas Frutchey; City Attorney Frank Gillio, Director of Public Works Bill Ekern; Planning Director Ann Jamison; and City Clerk Pat Dowd 2 APPOINTMENTS AND PRESENTATIONS 2.1 Dr. Thomas W. Fryer, Jr., Chancellor of Foothill College, Presentation on Plans for the Future of the Griffin House Dr. Fryer stated that the college was urgently in need of additional space for administrative offices and one option was to make use of the Griffin House. The cost of renovating the Griffin House was approximately twice that of building a new building. An advisory committee of local leaders had been formed to look at the problem and a community survey seeking support was going to be sent out after the first of the year. This survey would not go to everyone in Town but rather to about 7,000 people chosen by a political consultant. It would be necessary to raise approximately $1 million and all of the State Grant leads had been pursued. December 20, 1989 1 Siegel commented that not necessarily just the affluent would support this project and suggested that the wording of the brochure be carefully reviewed to relied that if the funds were not raised, the House would be torn down. Dr. Smithwick, Foothill College, noted that this was not the first time this issue had come up. Space on the campus was critical and there were certain State requirements being imposed on the college. As it was now, the building was a fire hazard. They were at the point where they needed to use it, move it or tear it down. 3. REPORT FROM THE PLANNING COMMISSION Commissioner Carico reported that the following items were discussed at the 12/13/89 Planning Commission Meeting: 1) Lands of Ng, request for a site development permit for a new house - approved; 2) Lands of Ashman, request for a variance - denied; 3) Lands of Raman, removal of site development permit requirement for a pathway dedication - approved; and 4) site development process modified to include the following: 'All new residences, additions over 900 square feet or 15 feet in height and secondary units would be reviewed by a Committee of the Whole of the Planning Commission at 6:00 p.m. before their regularly scheduled meetings. Councilmembers discussed certain issues raised by Commissioner Carico. van Tamelen noted that the report indicated for site development issues not brought before the whole Planning Commission, no notices would be sent to neighbors. Mrs. Carico responded that she understood the procedures in place would remain the same except for those now going before the whole Commission. Siegel commented on the appeal process. The Council could not appeal after the ten day appeal filing period. However, there could be times when the Council would not have met within this ten day period and would not know of the applications which had been approved. He was further told that he would have to pay the appeal filing fee. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen and passed unanimously to note that all items under the new Site Development Process would be agendized. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed by the following roll call vote to appeal the Planning Commission's approval of Lands of Ng, Site Development Permit for a new house and Lands of Raman, removal December 20, 1989 2 of requirement for a pathway dedication. AYES: Mayor Pro Tern Siegel and Councilmembers Johnson, Tryon and van Tamelen NOES: Mayor Casey Casey stated she could not support these appeals as she had seen the presentations made by the applicants and heard the discussions held at the Planning Commission. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to facilitate Council appeal of Planning Commission actions by whatever policies necessary to bring the matters back to the Council. 4. CONSENT CALENDAR Items Removed: 4.1 (van Tamelen) and 4.4.( Siegel) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specificially: 4.2 Approval of Warrants: $104,839.22(11/14/89) $136,580.54(11/30/89) 4.3 Monthly Financial Report -- September, 1989 4.5 Designation of Authorized Agent for Application for Earthquake Reconstruction Assistance -- Resolution #131-89 4.6 Changing the Name of a Portion of Summitwood Drive to Summitwood Court — Resolution #132-89 4.7 . Confirmation of the Sixty-Day Extension of the Existing Lease between the Town and the Friends of Westwind, Inc. -- Resolution #133-89 Items Removed: 4.1 Approval of Minutes: November 15, 1989 PASSED BY CONSENSUS: To defer approval of the November 15, 1989 minutes December 20, 1989 3 tit pending the City Clerk's checking of the tape regarding the conditions of approval for the Lands of McCullough. Tryon also asked that in the future the date be put on each page of the minutes. She also noted that to date the minutes from the April 19, 1989 Council Meeting had not been prepared and asked that they be done. The City Clerk noted that she had not been present at this April meeting as she was attending a City Clerk's Conference. The minutes were to have been prepared by a staff member who unfortunately was no longer at Town Hall. The tape from the meeting would be located, however, and the minutes would be prepared for Council's review. 4.4. Agreement with Brian, Kangas Foulk for Planning Services -- Resolution Siegel questioned the additional costs related to section (f) of the contract which provided for an Associate Planner to perform research and data gathering services under the direction of the Town Planning Director in order to evaluate current Town Zoning and Subdivision Ordinances concerning their effectiveness in implementing the Town's goals and policies as stated in the General Plan, and also to provide recommendations for revisions or amendments, if appropriate. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #134-89 approving an agreeement with Brian, Kangas Foulk for Planning Services with the provision that Council would approve any expenditure of funds for section (f). 5. PRESENTATIONS FROM THE FLOOR Mrs. Stephanie Munoz, 13460 Robleda Road, noted that the Town was going into a second phase of development and the the principle was to try to keep things as they were. These were not remodels but rather new homes. If someone had a non- conforming use, it should be retained. Life should not be made more difficult as a result of procedures and policies. In response to these comments, Tryon asked the status of the tear-down issue and the Planning Director responded that this issue had not been worked on to date but would be in early 1990. Tryon stated that she would like to see it back to Council before the next major tear-down/remodel was brought in to Town Hall. December 20, 1989 4 �. Mrs. Shari Emling, 11853 Murietta, noted that she was happy to see Frank back and commented on the issue of agenda/action items. Mrs. Emling also commented that she was pleased to see so many staff members at the Volunteer Awards Luncheon held on December 1st. She referred to the minutes of the 11/15/89 meeting which stated that these luncheon costs for staff members were paid for by the Town and asked if Councilmembers' luncheon costs were also paid for. The answer was no. Mr. Edward Emling, 11853 Murietta, commented on the vacant house on stilts behind their property and asked for a report. He also asked who put item 11.6 on this Council agenda and was advised the Mayor had. Mr. Emling further stated that a disclosure policy had been adopted by the Town and he would like to see the Council follow the procedure used by the Planning Commission prior to each public hearing. Siegel • commented the disdosure policy only related to land issues. 6. PUBLIC HEARINGS 6.1 Adoption of Lease between the Town and the Friends of Westwind Barn — • Resolution #_ Mrs. Noelene Byars, President - Friends of Westwind, commented on the rent paid by Friends of Westwind and the term of the lease before Council which was five years. Previously it had been a seven year lease. She also noted that the Board was made up of volunteer members and there was a paid manager of the Barn. Elections for the Board were scheduled for June and they were looking for volunteers to serve on the Board. It cost $25/year to join the Friends of Westwind. Mr. Philip Dauber, Member - Finance Committee, asked if the lease required any expenditures not in the budget and the answer was no. He also commented that staff was better able to address the issue of fees rather than the Finance Committee. Mrs. Stephanie Munoz,13460 Robleda Road, wanted to be assured that the Town was not making a profit off the handicapped as this was not appropriate and staff noted that no profit was made. van Tamelen asked if there had been any complaints from the neighbors and was advised that there had been one concern over drainage but it was not from the Westwind property. Tryon commented that she was not comfortable with a long term lease but she was supportive of the Friends of Westwind. December 20, 1989 5 Mrs. Sharyn Adkisson, Board Member - Friends of Westwind, commented on the issue of fees and noted that it was not just residents of the Town paying the fees but it was also children paying them. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to adopt Resolution #135-89 approving and authorizing the lease of property and execution of a new lease between Friends of Westwind, Inc. and the Town of Los Altos Hills. PASSED BY CONSENSUS: To refer the matter of grazing fees to staff for review. Mrs. Ruth Buneman, Member - Environmental Design and Protection Committee, in response to comments about putting oak trees in the grazing areas, noted that it was exciting to see how oaks will grow when given the chance. 6.2 Adoption of Lease between the Town and the Hills Little League -- Resolution # A brief history was given of the rent paid and costs involved for the Little League. Over the years the rent had been reduced from$7,000/year to $100/year. The maintenance costs for the current year for the Little League and the Town Ring were approximately $33,000. Siegel stated that he did not think a lease was needed with the Little League. He also commented that the Town should be able to use the fields for other purposes. van Tamelen suggested that the Pathways, Recreation and Parks Committee should evaluate the Little League and make a recommendation. heeetirrreereatiea inus.an. ;.. the Torre- i...y.,.L..d. about how a Little league fits into the entire recreation piad'am of the Yawn. (AMENDED BY COUNCIL 3/7/90) Mrs. Fran Stevenson, 26989 Beaver Lane, asked why the rent was dropped for the Little League and not for Westwind Barn. They were both similar non-profit organizations. Mrs. Sharyn Adkisson, inquired about the maintenance costs involved with the Little League and asked if these costs were stated in the lease. Mrs. Shari Emling, 11853 Murietta, commented that the maintenance costs for the Little League should be made public to the residents of the Town. The Little League `w December 20, 1989 6 was a positive organization but the parents should be involved. Mr. Philip Dauber, Member - Finance Committee, noted that these figures were fully disclosed in each year's budget. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to direct the City Manager to develop a permit system with the Little League and to bring the form of the permit back to the Council. It was determined this was more appropriate than a lease and the City Manager should work with the Pathways, Recreation and Parks Committee and the Little League. 7. UNFINISHED BUSINESS 7.1 Reimbursement Agreement with Gerard and Lambert, Inc. -- Resolution Mr. Alan Lambert, applicant, stated that the Council should be embarrassed to be putting him through this as the Town had ignored the original agreement. He stated that his property had originally been approved for septic; he went on sewer because the then Council wanted it. He was asked to give a gift he did not have to give. Mr. �. Lambert stated that over the years he had given or caused to be given a lot of land to the Town. He further stated that he believed it was only right to also approve interest and he wanted to see his requests granted. The City Attorney stated that reimbursement agreements do not pay interest and further noted that Mr. Lambert got his money back from those people who bought lots from him as it was a requirement of the subdivision. The City Attorney further stated that there was no evidence that a previous Council had entered into such an agreement with Mr. Lambert. There was no signed agreement. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed by the following roll call vote to adopt Resolution #136-89 approving and authorizing a sewer reimbursement agreement with Gerard and Lambert, Inc., with the term of the agreement to be an additional nine years, the attachments to the agreement to be completed as discussed between staff and Mr. Lambert and with the provision that no interest be paid. AYES: Mayor Pro Tem Siegel and Councilmembers Johnson, Tryon and December 20, 1989 7 van Tamelen NOES: Mayor Casey Casey stated that she believed interest should be paid. 7.2 Altamont Pathway Conceptual Design The Director of Public Works presented graphs and charts of the conceptual design for improvement of the existing pathway along Altamont Road between Page Mill and Moody Road. He stated that there would be no encroachments onto properties and the neighbors would be notified. The project should take about three weeks and as stated in the 12/20/89 staff report the project would be funded from State grant monies already approved for this project. Anticipated cost for the construction of the pathway was approximately $15,000. Mrs. Artemas Ginzton, 28014 Natoma, noted some historical background and the fact that trees should not be planted along Byrne Preserve. Mr Bob Stutz, Member - Pathways, Recreation and Parks Committee, asked for kir clarification of certain aspects of the project such as what two roads went into Byrne Preserve and how they planned to get across his property. He further commented that their committee would like to review the specifications of the project. Mrs. Carol Gottlieb, 24290 Summerhill, commented on two alternatives down Moody: Pink Horse Ranch and Green Acres/Adobe Lane. Mrs. Fran Stevenson, 26989 Beaver Lane, asked what the status was of the Elena Road Project and was informed that the grant had not yet been awarded. Siegel stated that signage must be well done for this project and Casey asked if the a Town Booklet was being prepared on the Town' paths. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen and passed unanimously to approve the conceptual design for improvement of the existing pathway along Altamont Road between Page Mill Road and Moody Road as outlined in the Director of Public Works staff report dated 12/20/89 (on file at Town Hall). lir December 20, 1989 8 8. NEW BUSINESS 8.1 Contract for Services with Wolfe/Mason Associates for Streetscape Design, Page Mill Road and Arastradero Road Entries to Town — Resolution Casey asked if this agreement had been reviewed by the Environmental Design and Protection Committee and van Tamelen noted that it did not include all of the entrances to the Town and believed it should. Tryon commented on a complete plan for undergrounding. Mrs. Joan Ernest, 12769 Dianne Drive, asked how the Park and Ride was being handled. She commented that the State did minimal landscaping and she hoped that the Town would be able to get the undeveloped area of the Park and Ride. In addition, she suggested that the residents along Arastradero be encouraged to plant. Mr. Philip Dauber, Member - Finance Committee, asked if the funds for this agreement were in the tree planting budget. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen Vir and passed unanimously to adopt Resolution #137-89 approving and authorizing execution of agreement for a Master Landscape Plan at the Town Entrance on Arastradero between the Town of Los Altos Hills and Wolfe Mason & Associates, with the direction to the City Manager that he also discuss the additional entrances to the Town with the consultant. 8.2 Lands of Clausen, Voorhees Drive, Subdivision Update Mrs. Joan Ernest, 12769 Dianne Drive, commented on the traffic situation at O'Keefe and El Monte and stated that it was so bad it often took them a long time to get onto O'Keefe. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to set a public hearing for January 17, 1990 on the Lands of Clausen, noting that this was not on the conditional use permit for St. Nicholas School and to include the following on the notice list: Sheriffs Department, Caltrans, neighbors on Voorhees and St. Nicholas School. 8.4 Amendments to the 1989-90 Town Budget December 20, 1989 9 Mr. Les Ernest, 12769 Dianne Drive, commented that he was a computer scientist and normal depreciation on computer equipment was five years not three as indicated in the staff report. Philip Dauber, Member - Finance Committee, noted that their committee would be meeting in January and they could discuss the issue of depredation at that time. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen and passed unanimously to approve amendment number three (dated 12/14/89) to the FY 1989-90 Budget with the exception of depreciation of office equipment which was being referred to the Finance Committee for recommendation. 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 9.1 Town Hall Master Plan Sub-Committee -- Approval of Conceptual Design Oat The City Manager presented to the Council a conceptual design of the Town Hall Master Plan and also comments on making the Town Hall a more convenient place to provide services for the residents and those working in the Town. Tryon stated that she was opposed to changing the entrance to Town Hall to Fremont Road. She noted that the Council should not lose sight of the least expensive option proposed by Gary Mason on this subject some months ago. Casey agreed with Tryon. She did not believe there was a problem now and this was a very expensive option. Casey also noted that the Town had other priorities for the money at this time. van Tamelen noted that this option before them was not one of the three options proposed earlier by Gary Mason. She stated that this entire issue needed to be resolved and also the issue of the paving of the driveway. She supported the concept of two driveways with the least amount of paving. Johnson stated that he liked the concept proposed by the City Manager but saw no sense in pursuing it if it was not supported by all of the Council. Mrs. Judy Carico, Planning Commissioner, noted that several issues were being discussed which cost a lot of money. She did wonder, however, why it was so difficult to get certain tools to work with such as a Master Pathway Plan, maps, booklets, etc. if 4111/ December 20, 1989 10 there was so much money available. PASSED BY CONSENSUS: To place pictures showing all four option for a Town Hall Master Plan in the Council Chambers for everyone's review and to schedule adoption of a Town Hall Master Plan in one month (the first meeting in February ). 9.2 Finance Committee — Recommendation on Reimbursement Policy PASSED BY CONSENSUS: To refer this back to the Finance Committee for additional clarification and comment. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to go past the hour of adjournment. 10. STAFF REPORTS 10.1 City Manager 10.1.1 Status Report on Attorney Services for the Town The City Manager noted that Frank Gillio, the City Attorney, had resigned but would be staying on until his replacement was found. The City Manager further noted that letters would be sent to attorneys who might be interested and ads would be placed in appropriate local publications. PASSED BY CONSENSUS: To schedule an Adjourned Regular Meeting for 6:00 p.m. on January 3, 1990 to discuss the Criteria for Selection of a City Attorney. 10.1.2 Holiday Celebration The City Manager reminded everyone that the Town's First Annual Christmas Party and Tree Lighting Ceremony was scheduled for December 21st at Town Hall. 10.1.3 Topics Suggested for Upcoming Council Study Sessions, Conceptual Discussions or Subcommittees PASSED BY CONSENSUS: To continue discussion of this item. December 20, 1989 11 10.1.4 Earthquake Demolition Program The City Manager reported that the Town was participating in a program which would reduce the costs to residents having to demolish their homes because of the earthquake. The homes would have to be inspected and disclosed a hazard by a specialist and the resident would pay a percentage of the costs. Notices would be sent to those involved about this program. Mr. Don Findley, 26856 Almaden Court, stated that his house was red-tagged and he had no insurance. He had spoken to the City Manager about this program and stated that he was willing to pay the 6% to the Town. 10.2 City Attorney 10.3 City Clerk 10.3.1 Report on Council Correspondence dated 12/12/89 i 10.3.2 Report on Council Appointments flirr Council concurred with the following list of Council Appointments: Community Relations Toni Casey Environmental Design and Protection Mary van Tamelen Finance Bob Johnson Pathways, Recreation and Parks Mary van Tamelen Roads and Drainage Barbara Tryon Safety William Siegel ABAG Mary van Tamelen CHAC Bob Johnson Emergency Council Barbara Tryon ICC Bob Johnson IGC William Siegel LCC - Peninsula Division Mary van Tamelen Transportation Commission Barbara Tryon fir December 20, 1989 12 SCVWD Northwest Flood Control Advisory Committee Bill Ekern (staff) William Siegel (alternate) Santa Clara Valley Water Commission Bob Johnson Traffic Authority Policy Advisory Board Barbara Tryon 10.3.3. Report on Town Seal Picture This item was continued to the next meeting. 11. COUNCIL-INITIATED ITEMS 1 11.1 Cities Association (Santa Clara County Section of the Peninsula Division of the League of California Cities) 11.1a Appointment of Council Representative, Approval of Bylaws and Budget, and Report on December 14 Meeting (Councilmember Tryon) Il.lb Report on December 14 Meeting, Decision on Whether or Not to Join, and Selection of Council Representative (Mayor Casey) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to adopt the by-laws of the Cities Association. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to appoint Mary van Tamelen as Council Representative to the Cities Association . MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to appoint Bob Johnson as alternate to the Cities Association. 11.2 Intergovernmental Council — $50,000 Matching Grant for additional staff (Councilmember Tryon) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the $2,000 assessment to match the County's funds of kir December 20, 1989 13 $50,000 for the Intergovernmental Council's Budget. �r 11.3 Cable Television -- (Councilmember Tryon) Tryon commented on the sites for the head end and asked that Sun Country Cable provide a report to the Council at the next Council meeting. 11.4 Mayor's Endorsement of Transportation Proposal (Councilmember Tryon) Tryon stated that Supervisor Dianne McKenna's office had called certain elected officials to get support for her proposal and Mayor Casey had made a statement on something the Council had not discussed. Tryon believed this was a violation of Council standards and Casey believed she stated her own opinion. Siegel thought it was inappropriate for the Mayor to have answered that request for support. She should have said that Los Altos Hills does not allow the Mayor to make a comment on these issues in advance of the Council Meeting. 11.5 Release of building deposits to Mr. and Mrs. Carse (Mayor Casey) C This item was continued. �r 11.6 Legal Issues and the Town's Pathway System (Mayor Casey) Mrs. Judy Carico, Planning Commissioner, stated that the City Attorney had prepared a legal opinion on this subject in 1988. Mrs. Mary Stutz, Planning Commissioner, noted that at the last Planning Commission meeting the Town had lost an important part of their pathway system and the Director of Public Works had stated that the Town had no liability. Mr. Philip Dauber, Member - Finance Committee, noted that the Town was insured and believed accepting liability on pathways should be a Council issue not a Planning Commission issue. Mrs. Fran Stevenson, 26989 Beaver Lane, referred to the Public Resources Code which in part stated 'no adjoining property owner is liable for any actions of any type resulting from, or caused by, trail users trespassing on adjoining property, and no adjoining property owner is liable for any actions of any type started on, or taking place [ within, the boundaries of the trail arising out of the activities of other parties.' �y December 20, 1989 14 '. It was agreed this item would be deferred until the hiring of a new City Attorney was completed. 11.7 Lands of Ashman -- request for variance denied at Planning Commission Meeting December 13, 1989 (Mayor Casey) Casey noted that this item was on the agenda as an informational one. She had been at the Planning Commission meeting at which the Ashmans were denied their request for a variance. Mrs. Ashman was particularly upset and the Mayor had advised them of the appeal process and the timing for said procedure. Tryon stated that she believed this was another violation of the team building session -- the Mayor working with applicants at the Planning Commission Meetings. Mr. Edward Emling, Chairman - Planning Commission, stated that he had explained the appeal process to the Ashmans during the Planning Commission Meeting held on December 13th. ibr 11.8 Implementation and Implications of Disclosure Policy (Mayor Casey) Casey stated that she would like to see another method of disclosure in place as opposed to how the Planning Commission does it before their public hearings. It seems that everyone is guilty. Mr. Edward Emling, Chairman - Planning Commission, stated that he thought their disclosure procedure worked very well. Mrs. Judy Carico, Planning Commission, asked what the legal requirements were regarding the disclosure policy. The City Attorney responded that the Council could correct the Planning Commission but that the Fair Political Practices Commission was really in control and could impose severe penalities. Mrs. Shari Emling, 11853 Murietta, commented on the disclosure policy setting a standard of behavior. There should be no guilt if there were nothing to hide. 11.9 Council Recommendations to the County Board of Supervisors for Fire District Representatives (Mayor Casey) December 20, 1989 15 40 It was noted that recently two vacancies had come up on the Fire District Board and that Councilmembers could individually support a current Boardmember seeking reelection or someone else. It was noted again that Council should be advised of these vacancies as they occur so they could, if they so choose, make a recommendation for appointment to the Board of Supervisors. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned at 12:30 a.m. to an Adjourned Regular Meeting on Wednesday, January 3, 1990 at 6:00 p.m. in the Council Chambers. t Respectfully submitted, IIIW Patricia Dowd City Clerk taire December 20, 1989 16