HomeMy WebLinkAbout03/02/1994Minutes of a Regular Meeting
March 2, 1993
Town of Los Altos Hills
City Council Meeting
Wednesday, March 2, 1993, 6:00 P.M.
Council Chambers. 26379 Fremont Road
1. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE
Mayor Johnson called the Regular Meeting of the City Council to order at 6:04
p.m. in the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Hubbard, Siegel and
Tryon
Absent: Mayor Pro Tem Dauber
Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan,
Director of Public Works Jeff Peterson, Town Planner
Linda Niles and Acting City Clerk Lam Lonberger
Press: Jan Shaw, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
3. PLANNING COMMISSION REPORT
Planning Commissioner Comiso reported that the Commission had continued the
public hearing on the site development application for Lands of Gallie/Munyak for
redesign. The Commission had requested the Council schedule a study session on
the application to discuss the possibility of a variance for this project before the
applicant undertook a redesign. Commissioner Comiso also commented on time
frame and, in an effort not to cause any further delay to the applicant, the
Commission was suggesting the Council act as the site development review
committee so that it would not have to go back to the Commission. The City
Attorney stated that Council could review and give an opinion on the issue of a
variance, but according to State and Town regulations a variance request must be
heard by the Planning Commission. The Mayor thanked Commissioner Comiso for
her comments and noted that this issue was scheduled for discussion by the Council
later in the meeting.
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Regular City Council Meeting
4. CONSENT CALENDAR
Items Removed: 4.1 - Minutes of Adjourned Regular Meeting (Hubbard) and 4.5
(Director of Public Works)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed by all members present to approve the balance of the Consent Calendar,
specifically:
4.1 Approved Minutes: February 16, 1994 (Regular Meeting)
4.2 Approved Warrants: $123,546.67 (2/17/94)
4.3 Adopted the Mid -Year Budget for FY 1993-94 -- Reso #4-94
4.4 Retroactively approved the third amendment to the Countywide
Household Hazardous Waste Agreement for FY 1992-93 -- Reso #5-94
Items Removed:
4.1 Approved Minutes: February 16, 1994 (Adjourned Regular Mtg.)
Hubbard questioned the section of the minutes concerning discing, mowing and
spraying. Hubbard referred to the comment "the preferred method of mowing and
spraying" and thought this warranted further discussion. Councilmembers noted
that an article on this subject had been included in the recently completed
newsletter. It was agreed that the Environmental Design and Protection Committee
and the Safety Committee would be asked for a recommended policy statement on
this issue.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously by all members present to approve the minutes of the February
16, 1994 Adjourned Regular City Council Meeting.
4.5 Request for approval of memorandum of understanding (MOU)
agreement with the Santa Clara Valley Water District regarding
storm water infiltration devices -- Reso #
The Director of Public Works referred to the memorandum of understanding and
recommended that the Council approve Part A on existing storm water infiltration
devices and approve Part B on new storm water infiltration devices in concept. He
would then work with the Santa Clara Valley Water District toward a less
complicated approach to Part B and when this was achieved he believed the City
Manager could be authorized to sign the appropriate document.
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�w MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously by all members present to adopt Resolution #6-94 approving
and authorizing memorandum of understanding (MOU) between the Town of Los
Altos Hills and the Santa Clara Valley Water District regarding storm water
infiltration devices with the understanding that Part B is approved in concept.
5. UNFINISHED BUSINESS
5.1 Discussion of Contract with Westwind Barn
The City Manager referred to a letter from Westwind dated 2/17/94 which addressed
the issue of the agreement between Westwind and the Town. In this letter the
statement was made that the Special Advisory Position on the Westwind Board to
be filled by a member of the Town's Pathways Recreation and Parks Committee
would be a non-voting position. This issue needed clarification. In addition, the
City Manager referred to conversations with the City Attorney concerning the term
of the agreement. If the term were five years with another five years available if the
dressage ring was completed, then there would be no opportunity to re -lease the
property should the ring not be completed. The recommendation was that the term
be four years and six months for completion of the dressage ring and that a
renegotiation provision be included.
Sharyn Brown, Westwind Barn, commented on the issue of a non-voting member
from Pathways Recreation and Parks Committee on their Board. She raised the
issue of liability as well as the inability of forcing someone from the Committee to
be on their Board. What would happen if no one on the Committee was able to be
on the Board? What would happen in that case to their Board? They agreed with a
liaision between the Committee and their Board but the Boardmembers were
elected. What would be the distinction between the elected members and the
appointment from the Committee?
Les Earnest, Chairman- Pathways Recreation and Parks Committee, noted that the
committee had discussed this issue at their last meeting and voted that the member
from their committee be a non-voting member.
Dot Schreiner, 14301 Saddle Mountain Drive, asked what the responsibilities would
be for the appointed member to the Westwind Board. She also concurred that the
member be a non-voting one.
Barrie Freeman, 26922 Dezahara Way, commented that he was a long time resident
of the Town and a concerned user of Westwind Barn. He wanted to see the Town
take a long term pro -active role in seeing that the Barn retained its charm and
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�w uniqueness. Would like to see the Town establish maintenance, safety and
inspection standards for the Barn, provide a higher level of financial commitment
and expand activities held at the Barn.
Nancy Couperus, Westwind Barn, commented on landscaping, beautification of the
Barn, liability and safety issues and noted that these matters all received serious
attention from the Boardmembers. She further referred to the many activities held
at the Barn.
Council discussed the issue of liability, inspection schedules, cooperation between
the Town and Westwind and the pros and cons of the member from the Pathways
Recreation and Parks Committee appointed to the Board being a non-voting one.
Tryon suggested the Committee be asked to provide a report to the Council on the
activities at the Board and other pertinent issues.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and
passed by all members present to state that the representative from the Pathways
Recreation and Parks Committee on the Westwind Board will be a non-voting
member. It was further agreed that the Pathways Recreation and Parks Committee
would be asked to formulate a policy statement on the method of reporting back to
the Council their liaison activities with this Board.
6. NEW BUSINESS
6.1 Request from Mr. and Mrs. Ilbok Lee at 12950 Alta Tierra Road for
refund of false alarm charges
Council had before them a letter from Mr. and Mrs. Lee objecting to the $464.14 bill
they had received from the Town for false alarm charges. While they did not agree
with any of these charges, they were asking that the charges be reduced to $100 for
settlement. Their letter included background information on past burglaries and
vandalism done to their home and the statements that they did not believe these
were false alarms.
Mr. Byron Lee, son of Mr. and Mrs. Lee, addressed the Council concerning his
parents request. He referred to the letter which he felt explained the issue in detail.
He also stated that he believed the Council should be absolutely positive these were
false alarms before charging for them. Mr. Lee also did not believe the officers
checking on these false alarms did a thorough enough job.
Council discussed this request and the procedure in place regarding false alarms.
They noted there was no evidence of break ins and the problems appeared to be
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mechanical. It was suggested the Lees contact their alarm company to work with
them on resolving these false alarms. Council also commented on the cost to the
Town for the deputies to respond to these false alarms and therefore the reason for
the charges.
Mrs. Lee, 12950 Alta Tierra Lane, commented on their request and explained that
they left the alarm on because of several instances they had had with rocks being
thrown at the house and someone knocking at their door.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously by all members present to deny the request from Mr. and Mrs.
Lee for a refund of false alarm charges.
6.2 Study Session regarding issues on Clausen Subdivision, Lot 6 -- Site
Constraints
As stated under the Planning Commission report at the beginning of the meeting,
the Planning Commission had requested the Council schedule a study session on
this application to discuss the possibility of a variance for this project before the
applicant undertook a redesign. The staff report prepared by the Planning Director
included the concern of the Commission that the house design and location that
was currently being proposed for this site were not appropriate but that the design
had been somewhat dictated by the site constraints including the undo setback from
the emergency access road.
Planning Commissioner Comiso commented on the setback and the easement and
noted that the house was seriously constrained because of the easement. She
believed the house needed to be sited more appropriately.
Siegel did not believe the proposed house fit the lot and also stated that the story
pole requirement should be strictly enforced. Siegel believed the easement was
principally an emergency access and did not understand why a variance needed to be
discussed. Johnson referred to the issue of a variance and commented that it was
definitely a unique lot. He thought the house could be set closer to the driveway.
Council did not foresee any problems with a variance being asked for on this unique
lot.
The Town Planner referred to the Code on setback requirements and the City
Attorney noted that variances and site developments were approved by the
Planning Commission and did not go to Council unless someone appealed the
Commission's decision.
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Regular City Council Meeting
7. REPORTS FROM COMMITTEES. SUB -COMMITTEES. AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Joint Volunteer Awards Committee
Council had before them a report that the terms of the five appointees to the Joint
Volunteer Awards Committee had expired.
PASSED BY CONSENSUS: To reappoint Yvonne Fisher and Bob Johnson to the
Joint Volunteer Awards Committee each for two year terms and to advertise the
other three vacancies and make appointments at the next Council Meeting.
8. STAFF REPORTS
8.1 City Manager
8.1.1 Schedule of Council Break
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel
and passed unanimously by all members present to cancel the August City
Council Meetings. It was further noted that the Planning Commission
would be advised of this action.
8.2 City Attorney
8.2.1 Report on Amendments to Brown Act
Council had before them a report dated 2/24/94 prepared by the City
Attorney on amendments to the Brown Act. A discussion
ensued on the necessity after April 1st to state any actions taken
in Closed Session in the open meeting and reflect this action in
the minutes. The issue of secret ballots was also addressed and
whether or not this affected appointments of say Planning
Commissioners. It was agreed that it did not as these ballots
were public information and not secret votes. Tryon suggested
looking into the lighted voting system if the system of voting
was changed.
8.3 City Clerk
8.3.1 Report on Council Correspondence dated February 25, 1994.
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fir+ 9. COUNCIL -INITIATED ITEMS
9.1 Residential Design Guidelines (Councilmember Tryon)
Tryon asked that on pages 10 and 11 the word "undesirable" be removed and be
replaced with "less desirable". She did not feel that showing pictures of landscaping,
pillars, low solid fences, etc. and describing these situations as 'undesirable' was
appropriate. Council did not have any objection to this change. It was suggested
that the subcommittee take these changes to the City Manager for inclusion in the
final printed document. The City Manager responded that he was sure these
changes could be made although there might be some additional charge.
PASSED BY CONSENSUS: It was agreed at Siegel's request to put on the next
agenda approval of the final Residential Design Guidelines.
9.2 Town Handbook (Mayor Johnson)
Johnson asked what the status was of the Town Handbook. The City Manager
responded that PRX was working with the printer on specifications and he should
have a schedule by the end of the week.
9.3 Quarry Project/John Vidovich (Councilmember Siegel)
Siegel reported that Mr. Vidovich had agreed in writing to pay the City Attorney's
charges retroactive to November. The staff has selected a firm (David Powers and
Associates) to do the Environmental Impact Report. Agreements with Mr.
Vidovich and the consulting firm for the EIR needed to be signed. There were some
details to be resolved and when this was done and the agreements signed they
would be brought to Council for approval.
10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
11.1 Request for approval of hardscape and landscape plan for a new
residence, Lands of Jabbour, 24704 Voorhees
Mr. Jabbour, applicant, stated that he was working with the staff and his plans
included maximum floor area and maximum development area within the
maximums allowed. He also noted that he wanted to cooperate with his neighbors
on the drainage issue. He referred to the swale issue but stated that he did not
believe this would address the problem.
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Regular City Council Meeting
Mike Malik, representing Mr. Zatparvar (owner of 12813 Clausen Court) addressed
the Council with their concerns about the drainage issue. Mr. Malik referenced a
letter dated 2/2/94 to the Council which explained the negative impact of the
drainage from this project on their newly completed landscape plan. The letter
further stated that they believed the grading being done on the lot was excessive and
was changing the natural ground contours, which was resulting in the flooding on
Mr. Zatparvar's property.
Edwina Comiso, Planning Commissioner, commented on the drainage issue and
the problem of removing soil and water from the property.
Carol Gottlieb, member - Pathways Recreation and Parks Committee, recommended
that a condition be added stating that irrigation and plantings shall be located at least
five feet away from the pathway on Voorhees.
Council discussed the application before them and the issues raised by the neighbor.
A swale was suggested and also the necessity for the neighbors to work together on
the resolution of the drainage situation. The subdivision of this property and the
natural drainage was also discussed.
PASSED BY CONSENSUS: To amend condition #7 by changing the landscape
deposit from $3,000 to $5,000.
PASSED BY CONSENSUS: To amend condition #9 by changing "and is subject" to
"and may be subject".
PASSED BY CONSENSUS: To add a condition stating that irrigation and plantings
shall be located at least five feet away from the pathway on Voorhees.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously by all members present to add Condition #12 as follows: "A
swale or some other means of drainage shall be constructed between the project and
the northernmost neighbor to the satisfaction of the City Engineer to lessen the
impact of the upstream drainage (understanding this will not eliminate the
problems of the natural drainage pattern).
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously by all members present to approve the request for a hardscape
and landscape plan for a new residence at 24704 Voorhees for Lands of Jabbour,
subject to the conditions of approval as recommended by the Planning Commission
and amended by Council.
11.2 Adoption of Resolution amending Town's Fee Schedule -- Reso #_
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Regular City Council Meeting
PASSED BY CONSENSUS: To approve the following changes to the proposed fee
`r schedule: page 2, Storm Drainage Fee change reference to page 4 to page 5 and to
change per square foot of development area to per square foot of development area
within public right right of way or easements and delete the reference to 'if no
building permit'.; page 4, Section II.A.1 - under section marked "reword for
clarification noting remodels costing more 'in dollars' ....; page 5 correct placement
of #3 -- move to left margin; page 5 refer to 'State Energy Fee' not just energy fee and
'State Strong Motion Instrumentation Program' not just Strong Motion
Instrumentation Program; page 6, reference UPC in section 5; page 7, change $1-
$2,000 to $1,000 - $2, 000; page 9 indent 'Folio Text' under Geologist's Hazards Map;
page 11, under business license tax state under subcontractors put individual (one
person) and one employee or more (more than one person); and on page 12 include
Palo Alto revenue.
PASSED BY CONSENSUS: To direct staff to provide a one page explanation of these
fees.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously by all members present to adopt Resolution #7-94 amending
the Town's fee schedule as amended by Council.
11.3 Ordinance revising definition of basement as stated in Section 10-1.208
of the Zoning and Site Development Ordinance in the Town's Municipal
Code and Certification of the Negative Declaration
Planning Commissioner Dot Schreiner did not feel the basement ordinance was
complete as before Council. Had they received all of the Commissioners'
comments? Seven foot height limitation discussed and Commission recommended
against granting any exemptions. Commissioner Schreiner believed this should be
discussed with the floor area issue. Two main considerations of Planning
Commission: 1) basement ordinance as written is not doing what it is supposed to
do and 2) when a garage door is open and the wall shows it adds to the preception of
a three story facade.
Mr. Shannon Paboojian, Project Manager for the Debcor Corporation, addressed the
Council concerning the definition of basement they had before them. He specifically
questioned the statement "having its entire height measured from its floor to its
ceiling below the adjoining grade, except for required exits."
Council discussed the issue raised by Mr. Paboojian and explained their reasoning in
support of the ordinance before them. It was agreed that if any clarification of the
wording of this ordinance was found to be necessary it would be brought back at a
later date by staff.
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Regular City Council Meeting
Var MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and
passed unanimously by all members present to certify the negative declaration,
waive further reading of ordinance and introduce Ordinance #369 amending Title
10 regarding the definition of basements.
12. CLOSED SESSION: PERSONNEL: PURSUANT TO GOVERNMENT CODE
SECTION 54957.6 -- Evaluation of Town Planner
The City Council adjourned at 9:10 p.m. to a Closed Session on Personnel and
reconvened at 10:20 p.m.
13. ADTOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 10:20 p.m.
Respectfully submitted,
Patricia Dowd
%W City Clerk
for Lani Lonberger
Acting City Clerk
The minutes of the March 2, 1994 City Council Meeting were approved at the
April 6, 1994 City Council Meeting.
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