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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.