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HomeMy WebLinkAbout07/03/19730 CITY COUNCIL TOWN OF LOS ALTOS HILLS ` MINUTES OF A REGULAR MEETING July 3, 1973 CC Reel 55 Side 2 Track 4 000-346 Mayor Leslie Helgesson called the regular meeting of the City Council of the Town of Los Altos Hills to order at 4:00 PM in the Council Chambers of Town Hall, 26379 Fremont Road, Los Altos Hills, California. A. ROLL CALL: Present: Councilman Grabowski, Councilman Miller, Mayor Helg�sson Absent: Commissioner Perkins for the Environmental Planning Commission B. CONSENT CALENDAR: At the request of Council, Item I was removed from the Consent Calendar for separate consideration. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Council- man Miller and carried unanimously, to adopt that portion of the Consent Calendar which remained after separation of Item I for discussion, as follows: Iliir (a) APPROVAL OF WARRANTS: $6,036.41 (b) MOTIONS FOR ADOPTION: (1) Motion renewing Traffic Signal Maintenance Agreement between Town of Los Altos Hills and Traffic Signal Repair, Inc., for a five year period. (2) Motion rejecting claim of Robert L. and Ontie H. Grlebel In the amount of $160,000 for Injury to land and title thereto for lot adjacent to EI Monte Avenue. (3) Motion authorizing release of maintenance bond on Rhus Ridge Subdivision. (4) Motion authorizing release of letter of credit from Dr. Voor- hees for Improvements on EI Monte hvenue. (5) Motion setting 8:30 PM on August 1, 1973, as the time and date for Public Hearing on Division of Unpaid Assessments in Sewer Assessment Districts. (c) RESOLUTIONS FOR ADOPTION: (1) Resolution No. 707 accepting Public Improvements In Rhus Ridge Rancho, Tract No. 4169. 7 (2) Resolution No. 708 declaring the result of Canvass of the Re- call Election held on June 26, 1973, and calling for a Special t Municipal Election to be held on Tuesday, September 18, 1973, 410I for the purpose of filling two vacant City Council seats. (3) Resolution No. 709 requesting the Board of Supervisors of the County of Santa Clara to permit the Registrar of Voters to assist the City Clerk in conducting a Spacial Municipal Elec- tion to be held on Tuesday, September 18, 1973. I. APPROVAL OF MINUTES: June 20, 1973 (Regular Meeting) Councilman Grabowski requested that the following correction be Inserted in the Minutes of June 20, 1973, (page 6) as follows: That the words "prior to" be omitted from paragraph J,I,b, and the words "during and after" be Inserted so that the paragraph reads: "b. Councilman Kubby requested that the Minutes reflect the absence of Councilman Grabowski during and after the Personnel Session." MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Councilman Miller, and carried unanimously, to approve the Minutes of June 20, 1973, as amended. C. CONTINUING BUSINESS: I. Review of Proposed Budget for 1973-74 Fiscal Year. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Mayor Helgesson and carried unanimously, to continue Council review of the proposed budget to the Regular City Council Meeting of July 18, 1973, in consideration of members of the public who may have questions or wish to contribute opinions relative to the budget and are unable to attend the present (July 3, 1973) afternoon meeting. 2. Discussion of Content of Proposed Charter. MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Councilman Miller and carried unanimously, to continue discussion of a ' proposed City Charter until the Environmental Planning Commission's recommendations relative to the matter are received by Council. 3. Election of Municipal Officers Mayor Helgesson declared the nominations for the office of Mayor of Los Altos Hills open. Councilman Grabowski nominated Leslie A. Helgesson for Mayor. There being no further nominations, the following was adopted: MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Mayor Helgesson and carried unanimously, thai, Leslie A. Helgesson be 4. appointed Mayor and serve in that capacity for one year to April 18, 1973. -2- Mayor Helgesson declared the nominations for Deputy Mayor open. ` Mayor Helgesson nominated Stanley W. Grabowski for Deputy Mayor. There being no further nominations, the following was adopted: MOTION, SECONDED AND CARRIED: Mayor Helgesson moved, seconded by Councilman Grabowski and carried by majority vote, with Councilman Miller abstaining, that Stanley W. Grabowski be appointed Deputy Mayor and serve In that capacity until April 18, 1973. D. STAFF REPORTS: I. City Manager Bruce Lawson stated that In early March the City Council had authorized an experimental four month period during which the offices of Town Hail would be open to the public from 8:30 AM to 4:30 PM, with the staff using the half hours from 8:00 to 8:30 AM and 4:30 to 5:00 PM for completion of paper work. The City Manager requested authorization to continue this office schedule. Councilman Grabowski stated that he had had some complaints relative to the shortened hours of availability of Town Hall staff. Mr. Grabowski added that it might be appropriate to postpone a final decision until the first regular City Council meeting in October when a full City Council is available for Input, and that the schedule continue on a trial basis until then. ` Mayor Helgesson stated that it appeared to be the consensus of Council to continue the present arrangements for Town Hall office hours until the first regular City Council meeting In October. 2. City Attorney Robin D. Faisant announced to the Council that a petition had been filed for hearing by the California Supreme Court in the Adobe Creek case. Mr. Falsant stated that, based on past indications, it was unlikely that the court would grant a Yearing, but that he would keep the Council Informed regarding the case. 3. Mayor Helgesson Inquired of the staff concerning the status of Page Mill Road repairs. City Engineer Alexander Russell reported to the Council concerning the steps involved in completing the work, stating further that he expected completion of the work within two weeks. E. ADDITIONAL BUSINESS BY COUNCILMEN: I. Councilman Grabowski reviewed a recommendation received by the City Council from the Pathway Committee, regarding Bicycle Path Priorities -- and, specifically, the posting of signs at the entrances to Los Altos Hills which would read: "You are entering Los Altos Hills. Bicycles and Cars Have Equal Rights --Watch for Horsemen and Pedestrians." Councilman Grabowski stated his support for the Pathway Committee proposal, suggesting only that the proposed wording was not strong enough, and recommending the following revision of the signs' language: -3- "You are entering rural Los Altos Hills. SLOW DOWN. Yield to Bicycles, Pedestrians and Equestrians." The City Attorney stated that under the State Vehicle Code vehicles usually have the right of way unless a specific area is set out where It is necessary to give a horse or pedestrian right of way, as In the case of a painted crosswalk. Mr. Faisant added that the Town might wish to erect signs urging courtesy and care with regard to non- vehicular forms of transportation, but that attempting to establish rights of way different than those set up by the Vehicle Code might create problems. Councilman Grabowski agreed that problems could arise through the pro- posed wording, but stated the belief that the current wording is a little unfortunate and should, perhaps, be reconsidered. It was agreed that Councilman Grabowski's recommendation concerning reconsideration of the signs' wording be forwarded to the Traffic and Public Safety Committee, along with the original Pathway Committee memorandum. F. PRESENTATIONS FROM THE FLOOR: I. Mr. Jerry Russell presented a letter to the Council, protesting a penalty payment, charged by the Town (amounting to ten times the computed Building Permit Fee) for a Building Permit, for the purpose of constructing a residential swimming pool. Mr. Russell stated further: (a) That he had complied with the requirements of the Town in applying for the Permit on June 7, but that processing of the application bythe Town had taken an unreasonable amount of time. (b) That he had been advised that Site Development approval was necessary, prior to receiving the Building Permit, whereupon he explained to the Public Works Department that the residence was new and had recently received Site Development clearance with plans that Included the pool. (c) That he had been required to supply 3 copies of plans rather ',';:an the 2 copies that had been previously required. Mr. Russell added that the 3rd plan was brought in on the day following his original application, but that the City Engineer stated he had not received It. (d) That excavation and steel personnel he had scheduled to begin work Informed him that they would have to begin work, or delay his project for 2 or 3 weeks because of other business. Mr. Russell stated that he, therefore, ordered the pool dug and steel applied. As a result of the pool being begun before the permit was received, Mr. Russell was informed by the Town Engineer that a stop work order had been placed on the work, -4- and that a penalty of 10 times the normal permit fee amount would be charged as a result --In the amount of $677.76 --as required in the Municipal Code. (e) That he had learned of another pool builder who had begun work prior to receiving his permit, and had been apprised of the possibility of the penalty fee, but was not actually charged In that amount. (f) That the Municipal Code states that the penalty fee may be waived by action of the City Council In a case where the Increased fee creates a hardship, or where work Is done without intent to evade the provisions of the Code. Mr. Russell stated further that he had always taken out permits for building pools and no evasion of this responsibility had taken place. He added that the figure of $677.76 represented a hardship in terms of elimi- nating any anticipated profits from that pool. The City Manager stated that Mr. Russell's presentation was essentially accurate, but that additionally: (a) The Municipal Code currently does require that applications for swimming pool building permits go through Site Development. In- asmuch as the pool In question was part of a new residence whose Site Development clearance had Included pool plans, a separate Site Development was not required of Mr. Russell. (A four day delay was Involved in researching the Code and previous residential application to verify that the Site Development could be waived.) (b) That plans were then given to the Building Inspector to check prior to Issuing the Building Permit. At that point, the Building Inspector was unaware that the third copy of plans had been filed, and a delay ensued. The permit was expedited on the following week when this error was discovered. (c) When Mr. Russell called the City Manager to inquire concerning the delay in his permit he made no mention of the fact that work had begun, and that this fact was discovered when the Building Inspector visited a neighboring residence on an Inspection and happened to see work under way. Mr. Lawson quoted Section 8-3.02 of the Municipal Code which states: "Where work for which a permit is required by this Code is started without obtaining such permit, the fee for such permit thereafter granted shall be ten (i0) times the normal fee for such permit; provided, how- ever, such Increased fee may be waived by specific action of the Council in any case in which It Is deemed that such Increased fee would be a special hardship and that the work was commenced without Intent to evade the provisions of this Code." (d) The Town has had four cases In which work was begun without a permit and the 10 times fee charged and paid. MI! 4W (e) With regard to an earlier pool contractor who had been Informed of the ten -times penalty, but had not paid It, the City Manager stated that the Building Inspector, on special request of the applicant because of a potential hardship situ- ation,prlor to permit issuance, visited the site early one morning to determine that a hardship situation existed. Mr. Russell, however, did not make application for such a visit In his case, or call explaining his difficulties with regard to the excavation and steel people. Also, Apache Pools, the applicant referred to by Mr. Russell, was the first to be affected by the Site Development provision for pools, and protested Its enforcement as It had not been previously enforced. The pool was already Installed at that time. The applicant was Informed of the ten times provision by the Building Inspector, though the City Engineer and City Manager were not aware of the provision at the time, and it was ultimately determined that work had commenced prior to active enforcement of the Site Development provision so that It would not be proper to penalize the applicant retroactively. Mr. Dan Haney, owner of the property on which the pool is being built stated the belief that both conditions required for waiving the penalty fee were met --that is, that there was no intent to evade the ordinances, and hardship was worked upon both builder and owner by delays In obtaining the permit. Following discussion and questions of Mr. Russell and the City Manager, the following was adopted: MOTION, SECONDED AND CARRIED: Councilman Grabowski moved, seconded by Councilman Miller, and carried unanimously, that the penalty fee of $677.76 assessed against Mr. Jerry Russell, for violation of Municipal Code sec- tion 8-3.02, be waived. 2. Mrs. Harold Schick inquired whether funds could be made available to Im- prove the microphone/public address system in the Council Chambers, adding that it is frustrating to sit at the back of the Chamber and be unable to hear speakers at the front of the room. In response to questions from the Council, the City Manager stated that an effort would be made to improve the existing system for current use, Inclu- ding a microphone placed at the back of the Chamber for the convenience of the public, and that the system would be entirely reorganized and Improved as expansion plans for Town Hall are carried out. G. ADJOURNMENT: 5:05 PM Respectfully submitted, Karen R. Halvorsen Office of the City Clerk