HomeMy WebLinkAbout04/21/1993L.
Minutes of a Regular Meeting
April 21,1993
Town of Los Altos Hills
City Council Meeting
Wednesday, April 21, 1993, 6:00 P.M.
Council Chambers 26379 Fremont Road
1. CALL TO ORDER ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Tryon called the Regular Meeting of the City Council to order at 6:05
p.m. in the Council Chambers at Town Hall.
Present: Mayor Tryon and Councilmembers Dauber, Hubbard,
Johnson and Siegel
Absent: None
Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan,
Director of Public Works Jeff Peterson, Town Planner
Linda Niles and City Clerk Pat Dowd
Press: Bill Kisliuk, Los Altos Town Crier
Mayor Tryon noted that this meeting would be adjourned in memory of
Wallace Stegner who had recently passed away. Mr. Stegner would be
remembered for many outstanding qualities including his creativity,
intelligence, kindness and respect for people and the environment. A letter
would be sent to his wife and suggestions would be received for ways in
which Mr. Stegner might further be honored in the Town.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointment to Community Relations Committee
Karen Ammer, 26625 St. Francis Drive, expressed her interest in serving on the
Community Relations Committee and also mentioned that she was a lawyer and
would also be willing to volunteer to the Town in this capacity. She had met with
the Chair of the Community Relations Committee and, in response to an inquiry
from Dauber, noted that she would be willing in the future to serve as the Chair of
the Committee. Ms. Ammer noted she was interested in writing and editing.
April 21, 1993
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard
kw and passed unanimously to appoint Karen Ammer to the Community Relations
Committee for a term of two years.
3. PLANNING COMMISSION REPORT
Planning Commissioner Ellinger reported that in addition to the items on the
Council's Consent Calendar, the Commission had continued the Lands of Raffetto
on Manuella Road for additional information. In addition they had agendized
discussion of the housing element for their April 28th meeting.
Regarding the Lands of Hansen on Francemont Court, the City Engineer responded
to an inquiry from Siegel concerning the conditions of the project. The City
Engineer noted that a maintenance agreement would be drafted and signed by each
property owner affected by the landslide. The Town would not be a party to this
agreement but would be provided a copy of this document which would be
recorded. Dauber inquired about the height of the gateposts on the Lands of Ben-
Artzi and was advised that their total height did not exceed six feet and the lights
would be on the sides of the gateposts. Dauber also commented on the use of turf
block and asked if this property was at the maximum limits of allowed
development. The Town Planner responded that there was a small amount of
development area remaining. On the subject of the path it was noted that the path
which was ten feet wide next to the existing path was approved as recommended by
the Planning Commission; however, staff would clarify this with the applicant.
Hubbard stated that he was concerned about the trash from a construction project
and he asked that this be addressed not only in these conditions but also as part of a
standard condition on a project. Tryon asked if any of the neighbors had been
present at the public hearing on the Hall project and was advised that only letters in
favor of the Hall project had been received.
4. CONSENT CALENDAR
Items Removed: 4.1 (Dauber); 4.2 (Siegel) and 4.7 (Hubbard) It was also noted that
Items 4.3a and 4.3b had been incorrectly placed on the agenda and therefore should
be removed from the Consent Calendar.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to approve the Consent Calendar, specifically:
4.2 Approved Warrants: $37,627.05 (3/31/93)
$ 35,472.54 (4/6/93)
4.3 Decided Not To Review the following Planning Commission Actions at
Its Meeting on April 14, 1993:
April 21, 1993
Regular City Council Meeting
4.3c Lands of Hall, 26070 Newbridge Drive: approved request for a
Site Development Permit for a new residence
4.3d Lands of Hansen, 11801 Francemont Court (Lot #1): approved
request for a Site Development Permit for a new residence, pool
and cabana
4.3e Lands of Dzau, 12101 Dawn Lane: approved request for a Site
Development Permit for a second story addition
4.4 Issued the Proclamation: Celebrating the Opening of the EI Camino
Hospital Maternal Health Center -- May 16, 1993
4.5 Issued Statement of Opposition to Proposed Cuts in Local Funds by the
State Legislature -- Reso #28-93
4.6 Issued Statement Urging Local Consensus in Opposition to Proposed Cuts
in Local Funds by the State Legislature — Reso #29-93
Items Removed:
4.1 Approval of Minutes: April 7, 1993
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and
passed unanimously to approve the minutes of the April 7, 1993 City Council
Meeting with the following corrections: page3, Item 5.1 statement in parenthesis
should read: "(one of them being the Hall's and one which had already been heard
by the Planning Commission)"; page 4, first paragraph, last sentence of motion
should read: "It was further noted that the Hall and Reddy projects were the only
ones which would be grandfathered into the previous floor area interpretation
based upon their being previously scheduled before the Planning Commission.";
page 5, Item 8.2.1, first sentence - the word 'legislation' should be changed to
'California Law'; and page 7, Item 9.6, third sentence should read: "It further states
that when a Councilmember is appointed to a sub -committee or other committee by
an agency for which....:'.
4.2 Approval of Warrants: $109,582.26 (4/16/93)
{ April 21, 1993
�w Regular City Council Meeting
Siegel questioned the payments to Zanker Road Landfill and Browning Ferris and
AMW inquired why these were not paid on a quarterly basis. The City Manager explained
that last year Zanker had been taken over by the original company and the billings
had been questionable. It was believed more information was needed before
payment of the bills should be made. Since that time Zanker, Los Altos Garbage
Company and Browning Ferris have reached an agreement and the bills are being
paid.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to approve the warrants for 4/16/93 in the amount of
$109582.26.
4.7 Award of Contract for Town Generator Project -- Reso #
Hubbard asked for an overview of this project and suggested that as long as the
Town was installing this generator a line be run to the Heritage House for the
Town's emergency radio equipment. It was agreed the Director of Public Works
would look into the cost of doing this.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to adopt Resolution 30-93 awarding a contract for the Town
Hall Emergency Generator Project to Bay Counties Electric of San Jose and to further
direct staff to look into the suggestion of running a line to the Heritage House and to
proceed with this option if it can be done within the approved budget for this
project.
5. UNFINISHED BUSINESS
5.1 Review and comment on Draft Design Guidelines
Council discussed the draft document before them and agreed that quite a bit of
work still needed to be done on this project. Tryon did not think the document
appeared very professional and recommended not spending any more money on
the consultant but rather sending it back to committee for review. She further
suggested that the document include quotes stating the purposes of the Town's
ordinances. Johnson noted that the purpose was not to produce a legal document;
however, the typeset and cover of the document should be well done. Hubbard
believed the document served the purpose of assisting someone building in the
Town. He believed this project was headed in the right direction and the Town
should not spend a lot of money on a glossy production.
April 21, 1993
Regular City Council Meeting
Rick Ellinger, Planning Commissioner, suggested the document address issues the
Planning Commission considered on a regular basis and also included a chapter on
what the Town has learned regarding development over the years. Mr. Ellinger also
recommended including information on open space, conservation easements,
impervious surfaces, materials and a discussion of all types of structures placed on a
lot (bird baths, spas, fences, tree houses, etc.)
Art Bliss, Palo Alto, stated that he believed that staff had produced a good document
and he appreciated the consultants being invited to the meeting at which these
guidelines were discussed. Mr. Bliss did believe more work was needed on this
project and would welcome an opportunity to comment further on this subject at
another committee meeting.
PASSED BY CONSENSUS: To direct the committee to continue work on this project
and to report back to the Council. In addition no additional funds will be spent at
this time on consulting fees for this project.
5.2 Review and comment on Draft Housing Element
The Town Planner reported that the State requirement was for a rough draft of the
Housing Element to be submitted by August 2nd. She noted that this deadline
would be met with the final Housing Element completed by fall. The remaining
elements of the General Plan would be reviewed by the Planning Commission after
the completion of the Housing Element with public hearings on the General Plan
scheduled for January of 1994. Tryon stated her serious concerns about this
schedule. She had been on the Council for eight years and had attempted to achieve
the goal of seeing the General Plan updated. While she appreciated the work that
had been done, she was most concerned about no actual final date being ascertained
for the revision of the General Plan.
Hubbard addressed the document before them and suggested waiving fees for all
second units and every new development in Town should contribute in lieu fees.
He also believed 1,000 square feet of development should be set aside on each lot for
a secondary unit. Hubbard noted that on page 10 of the draft housing element the
reference to above moderate income households should be 80% not 8%. On page 1
of the document Council agreed that the last sentence of the first paragraph should
read: "The Town is making every effort to comply." Siegel did not believe the Town
should charge in lieu fees until the State laws were changed. Presently this would
not affect the Town positively. Siegel also inquired why 1,000 square feet should be
L April 21, 1993
1r Regular City Council Meeting
set aside — why not 600 square feet. In addition he referred to the statement in the
draft housing element that "Consideration is being made for requiring that 10% of
the lots on all new subdivisions of five lots or more be provided at no cost to the
Town for affordable housing." and asked if the Town did indeed plan to do this.
Dauber believed that the issue of public transportation should be stressed and a map
be included with the Housing Element showing where public transportation was
available to Town residents. She noted that residents in the Town needed cars to get
around and this should be pointed out. Tryon stated that she did not want specific
sites mentioned in the housing element and she also recommended that the
document speak 'reality' and not 'political correctize', noting in particular that the
Town contracted out for all services including social services such as Community
Services Agency, Community Health Awareness Council and Battered Women.
The Town Planner noted that the Planning Commission would be discussing the
housing element at a meeting on April 28th and she would bring Council's
comments to that meeting.
5.3 Status Report on request for display of historic farm equipment at
Town Hall -- Eagle Scout Project
The Town Planner reported that the farm equipment placement and fencing had
been reviewed and was in conformance with the Code. The shed however may be
planned for the setback area.
Scott Ellinger, 28520 Matadero Creek Lane, explained his phase of this project which
included the fence, the groundcover and the placement of the equipment. A map of
this project had been submitted. Mr. Ellinger further noted that some materials
would be needed for this project and he had been advised by Los Altos Garden
Supply that they would furnish these supplies at a discount. Mr. Ellinger asked
Council for $800 in financial support for this project.
Linda Swan, President - Historical Society, noted that phase two of this project
addressed the shed and she requested that both phases be considered at the same
time.
Council discussed this project and expressed concerns about the request for financial
support in these times of budgetary constraints. Siegel also noted that he wanted
this project to go through the Site Development Process.
PASSED BY CONSENSUS: To advise Mr. Ellinger that the Town could not provide
any financial support for this project but if he could raise the money the Town
would proceed with the planning process necessary for this project to go forward.
5.4 Reimbursement of expenses for Town Float
April 21, 1993
Regular City Council Meeting
Council had before them the City Manager's staff report which included an
explanation of the expenses related to the Town Float and the request from the
Chairman of the Community Relations Committee, Roger Burnell, for
reimbursement of certain expenses related to this project.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard
and passed unanimously to authorize payment to Roger Burnell, Chairman of the
Community Relations Committee, in the amount of $519.28 for expenses related to
the Town Float Project and to direct the City Manager to report back to Council on
the contract issue concerning the Town Float.
6. NEW BUSINESS
6.1 Request from Tom Harrington, 12100 Hilltop Drive, for reimbursement
of certain fees concerning lot line adjustment and request for extension
of site approval
At the request of the applicant this item was continued to the next Council Meeting.
6.2 Request from Mr. and Mrs. Nelson for release of the warranty bond for
improvements for Lands of Nelson, 13870 La Paloma Road
Council had before them the Director of Public Works staff report which noted that
the improvements for the Nelson subdivision had received final inspection in
August of 1991 and, in conformance with the Code, the Nelsons had entered into an
agreement with the Town to maintain the improvements for a two year period. At
this time the two year warranty period ends in September but the Nelsons were
requesting for financial purposes an early release of the bond.
Mr. Nelson, applicant, stated that they wanted to move the funds out of a certificate
of deposit which was due to mature in July but would be agreeable to depositing
cash with the Town until the end of the two year warranty period.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and
passed unanimously to authorize staff to release the warranty bond for
improvements for the Lands of Nelson, 13870 La Paloma Road subject to an
inspection of the improvements by staff and the deposit of cash by the applicant for
the duration of the two year warranty period.
6.3 Request for authorization to purchase two fax machines to facilitate
Council communication with Town Hall
Council agreed to continue this item to the next Council Meeting.
April 21, 1993
Regular City Council Meeting
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Quarry Sub -Committee
Dauber reported that the City Manager, Town Planner, Director of Public Works,
City Attorney and herself had met with Supervisor McKenna, John Vidovich
and his attorneys. Included in the list of items discussed were the timetable
and budget for the project. The next meeting was scheduled for May 5th and in
the meantime Dauber would meet with Siegel who had been out of Town and
bring him up to date on the project. Council noted that Mr. Vidovich should
be made aware that he will have to pay for Town staff time on the project and
they further commented that it might be better for the Board of Supervisors to
make a decision on his request for a County General Plan Amendment.
7.2 Planning Issues Sub -Committee
7.2.1 Report on Code Interpretation Regarding Basements
Council agreed to continue this item to the next Council Meeting.
8. STAFF REPORTS
8.1 City Manager
8.1.1 Request for authorization to hire one engineering technician
and one assistant planner to reduce dependence on outside
consultants
Siegel questioned this expansion of the staff at a time when the Town was
going to face financial cuts. He also commented on the fringe benefit
package for full-time employees. He did not question the need for the
increased staff noting the alternative would be a decrease in the level of
service. Siegel stated that if the positions were approved they should be
hired at the first salary step but the fifth and top salary step should be
regarded as the full cost of the position. Tryon stated that she would not
support the position of assistant planner if the consulting firm was also
working with the Town. Johnson stated that the City Manager should
report to the Council when the services of either Wilsey and Ham or
April 21, 1993
Regular City Council Meeting
Brian Kangas Foulk are going to be used by the Town if these new positions are
approved. Dauber commented on the small size of the Town Staff and the
lack of continuity. Hubbard asked how much the Town would still need
the services of the consultants if these positions were approved. In
response the Director of Public Works noted that subdivision reviews
including surveying work would still be done by Wilsey and Ham as he
was not a land surveyer. However, this would be paid for by the applicant.
The Town Planner responded that the consulting services of Brian Kangas
Foulk would not be used unless there was a special project. In response to
a Council question regarding space, staff noted that the assistant planner
would share the office with the building official and would also share his
computer. The engineering technician would use the Heritage House and
could share the Director of Public Works computer.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber
and passed unanimously to authorize the hiring of one assistant planner
and one engineering technician, each at the first salary step for their
positions.
8.1.2 S'Bring in the Hills
The City Manager commented that he had spoken with the Chairman of the
Community Relations Committee and everyone was urged to attend the
4y S'Bring in the Hills event scheduled for May 8th.
8.2 City Attorney
The City Attorney reported that at the request of Santa Clara County Counsel
she had signed a letter on the part of the Town in response to recent
statements made by Governor Wilson in the San Jose Mercury. The cities
in the County believed it was important to correct the legal statements
made in this article concerning city and state funding
8.3 City Clerk
8.3.1 Report on Council Correspondence dated April 14, 1993
Council referred to the letter received from Luis Yanez concerning
interpretation of basement ordinance. It was agreed Mr. Yanez
would be advised by letter that the Council had made a
determination on this issue at their April 7th meeting and no
new applications would be considered under the old
interpretation.
April 21, 1993
Regular City Council Meeting
9. COUNCIL -INITIATED ITEMS
9.1 Duties of Council Liaison to Town Committees (Mayor Pro Tem Johnson)
PASSED BY CONSENSUS: To amend the Resolution on Town Committees to
include Council policies on handling of money and notices and letters to outside
agencies from the Town. This amended resolution will be brought back to the
Council for review at a later date.
9.2 Creek Protection (Councilmember Dauber)
Dauber reported that the Adobe Creek Committee had met. She also noted that
there did not appear to be any Code sections referring to creek protection. It was
agreed that this issue, along with the Los Altos ordinance on this subject, would be
sent to the Environmental Design and Protection Committee for their comment
and recommendation.
9.3 Committee to Save the Griffin House (Mayor Tryon)
Tryon noted that she had been informed by Nancy Mason, Committee to Save the
Griffin House, that they were being asked by Foothill College to sign a legal
document and Ms. Mason wondered if the Town could provide legal assistance in
{,,, reviewing this document. No action was taken on this request at this time;
`r however, it was noted that it may be agendized in the future if a request was
received from the Committee to Save the Griffin House.
9.4 Ballot Voting (Mayor Tryon)
Tryon commented on the use of ballots by Council when voting on appointments.
The City Attorney reported that this was appropriate noting that they should have
the Councilmember's name on the ballot and become part of the public record. The
votes should also be read at the meeting.
9.5 AB 764 (Mayor Tryon)
Tryon asked what the status was of this bill and the City Manager advised Council
that he would let them know by memo.
9.6 S'Bring in the Hills
Johnson reported that Fran McIntyre was in charge of the sub -committee on this
event. The planning for the event was in place but to date attendance seemed to be
less than last year.
April 21, 1993
Regular City Council Meeting
10
4W 9.7 Washington, D. C. Conference (Mayor Tryon)
Tryon thanked Council for recently approving a $100 expenditure for her to attend a
conference in Washington, D. C. Unfortunately, she would be unable to attend due
to a conflict so she would not be needing the funds.
9.8 National League of Cities (Mayor Tryon)
Tryon recommended and Council concurred that the Town stop their membership
in the National League of Cities.
9.9 Letter to residents from Charlene Geers (Mayor Tryon)
Tryon commented on a letter that had recently been mailed to residents from
Charlene Geers on development in the Town.
9.10 City/Town of Los Altos Hills (Mayor Tryon)
Tryon commented on the name of the Town which was "Town of Los Altos Hills"
9.11 Flat rate tax increase (Mayor Tryon)
Tryon asked if Council wanted to take any action on the letter requesting support for
a flat rate tax increase and the response was no.
9.12 Adjourned Regular Meetings (Mayor Tryon)
Tryon reiterated the following schedule of Adjourned Regular Meetings: May 5 at
4:30 p.m. - Goals and Objectives and May 19 at 5:00 p.m. - Joint Meeting with Safety
Committee.
9.13 Proclamations (Mayor Tryon)
Tryon asked if Council wished to issue proclamations for the Post Office and
Emergency Medical Services Week. It was decided not to issue proclamations.
9.14 Safety Meeting at Bullis School (Mayor Tryon)
Tryon thanked the Sheriffs Department for presenting an outstanding program on
April 20th at Bullis School.
9.15 Volunteer Organizational Meeting ( Councilmember Dauber)
April 21, 1993
Regular City Council Meeting
11
Dauber referred to the memo received on the suggested May scheduling of a
�W volunteer organizational meeting. Council decided that this was not a good time to
hold this meeting due to budget priorities. The Chair of the Community Relations
Committee would be advised that this event will be scheduled at a later date.
9.16 Jt. Volunteer Awards Committee (Mayor Pro Tem Johnson)
Johnson asked that this item be agendized for the next Council Meeting as there
seemed to be some confusion as to the membership of this committee.
lSw
10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
11.1 Request for a tentative map for a two lot subdivision, Lands of Merrill,
25355 La Loma Drive
This item has been continued at the request of the applicant for a
redesign of the project.
11.2 Introduction of Ordinance Amending Chapter 3 of Title 6 regarding
solid waste (FIRST READING)
Council discussed the ordinance before them and addressed several issues. On the
subject of the lien process, the City Attorney advised them that it was necessary to go
through this procedure but they could eliminate the noticed public hearing to be
held by the City Manager. In part, they agreed that the Town Planner would decide
what was major construction and the section on grandfathered exemptions would
be clarified. Siegel reiterated that he did not believe any more exemptions should be
granted. Everyone in Town could get service if they wanted it. They simply had to
get their cans to the road. Dauber raised the issue of secondary dwellings but it was
agreed there would be no way to enforce this as they could just use the cans of the
main residence. Section 6-3.08(d) was changed to state 'at the collection station'
rather than 'outside of the premises'. The ordinance was corrected to reflect that
recyclables were picked up every other week and to include the statement that the
Council could select a third party to collect the charges for solid waste and recyclable
collection.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to waive further reading of the ordinance and to introduce the
ordinance amending Chapter 3 of Title 6 regaring solid waste as amended by
Council.
12
April 21, 1993
Regular City Council Meeting
�w
12. CLOSED SESSION: PERSONNEL PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Evaluation of City Manager
The City Council adjourned to a Closed Session for purposes of personnel at 10:10
p.m. and reconvened at 10:20 p.m. This Closed Session was continued from the
Adjourned Regular Meeting held at 5:00 p.m.
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 10:20 p.m. in memory of Wallace Stegner to an
Adjourned Regular Meeting on Friday, April 23, 1993 at 3:00 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the April 21, 1993 Regular City Council Meeting were
approved at the May 19, 1993 Regular City Council Meeting.
April 21, 1993
Regular City Council Meeting
13
`V Minutes of an Adjourned Regular Meeting
April 23,1993
Town of Los Altos Hills
City Council Meeting
Friday, April 23,1993,3:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER AND ROLL CALL
Mayor Tryon called the Adjourned Regular Meeting of the City Council to
order at 3:00 p.m. at Town Hall.
Present: Mayor Tryon and Councilmembers Dauber, Hubbard,
Johnson and Siegel
Absent: None
Staff: City Manager Les Jones, II and City Clerk Pat Dowd
Press: None
2. CLOSED SESSION: PERSONNEL PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
Evaluation of City Manager
The City Council adjourned to a Closed Session for purposes of personnel at
3:15 p.m. and reconvened at 5:40 p.m.
3. PRESENTATIONS FROM THE FLOOR
4. ADIOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 5:40p.m.
Respectfu
Patricia Dowd
City Clerk
The minutes of the April 23, 1993 Adjourned Regular City Council Meeting
t were approved at the May 5, 1993 Regular City Council Meeting.