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HomeMy WebLinkAbout03/04/1992 Minutes of a Regular Meeting March 4, 1992 Town of Los Altos Hills City Council Meeting Wednesday, March 4, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon. Absent: None Staff: City Manager Les M. Jones, II; City Attorney Sandy Sloan; Town Planner Linda Niles; Engineering Consultant Jeff Peterson and City Clerk Pat Dowd Press: None Hubbard noted the following two changes to the agenda: Item 4.4 Adoption of Resolution Designating Santa Clara County as the Lead Enforcement Agency for the Town continued to the first meeting in April and request to add a resolution ordering and calling a Special Municipal Election to be held in the Town of Los Altos Hills on June 2, 1992; requesting the services of the Registrar of Voters; requesting consolidation of elections and providing for giving notice of the election to the agenda as an urgency item. The City Clerk noted that this resolution needed to be adopted to consolidate the advisory ballot measure on fire retardant roofing with the June 2, 1992 election. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to add a resolution ordering and calling a Special Municipal Election to be held in the Town of Los Altos Hills on June 2, 1992; requesting the services of the Registrar of Voters; requesting consolidation of elections and providing for giving notice of the election to the consent calendar as an urgency item. 2. APPOINTMENTS AND PRESENTATIONS March 4, 1992 I Mayor Hubbard congratulated Jeff Peterson on his appointment as the Town's Director of Public Works/City Engineer. 3. PLANNING COMMISSION REPORT Commissioner Jones reported that at their February 26th meeting the following issues were discussed in addition to those items listed on the Council's Consent Calendar: Lands of Flack, 13070 Alta Lane South - request to establish a conditional use permit for a cellular telephone "Cell Site" facility and a site development permit for a remodel, pool house and decking was continued to their next meeting for additional information; and Lands of Laub, 27210 Fremont Road - recommended approval of a tentative map for a four-lot subdivision. In response to inquiries from Council, Commissioner Jones reported that the discussion on the Laub project included the following issues: private versus public road, trees in the creek and removal of certain structures on the property. It was further noted that the Council's public hearing on the tentative map for Lands of Laub was scheduled for March 18th. 4. CONSENT CALENDAR Items Removed: 4.1 - February 19, 1992 Regular Meeting Minutes (Tryon); 4.3c flaW (Siegel) and 4.4 - continued to April 1st meeting (Hubbard) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: February 19, 1992 (Adjourned Regular) 4.2 Proclaimed March 1992 as "Save Your Vision" Month 4.3 Considered Whether To Review the following Planning Commission Actions at Its Meeting on February 26, 1992: 4.3a Lands of Sykes, 26932 Beatrice Lane: request for a site development permit for an addition/remodel and swimming pool 4.3b Lands of Komo, 23225 Ravensbury Avenue: request for a site development permit for an addition March 4, 1992 2 4.4 Adopted Resolution #4-92 ordering and calling a Special Municipal Election to be held in the Town of Los Altos Hills on June 2, 1992; requesting the services of the Registrar of Voters; requesting consolidation of elections and providing for giving notice of the election to the consent calendar as an urgency item Items Removed: 4.1 Approval of Minutes: February 19, 1992 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to approve the minutes of the February 19, 1992 Regular City Council Meeting with the following corrections: page 9, Item 11.1, insert the following before the consensus vote: "Tryon requested that the ordinance also state that meetings shall not go beyond 11:00 p.m. without an affirmation vote of the Council."; page 10, Item 11.4, second sentence should read: "She noted that this meeting which addressed, in part, issues relating to regional rail priorities was originally not going to be a public hearing." 4.3c Lands of Liu, 26751 Almaden Court: request for a site development permit for a new residence and swimming pool Siegel referred to the new policy adopted recently by the Council for the marking of new homes. Since Mr. Owen was working on the Liu project as well as the Ben- Artzi project which was before Council at this meeting, Siegel commented that the Ben-Artzi project had not been adequately marked. The purpose of the marking was to show the bulk of the house. Bob Owen, developer, stated that he had hoped the Liu project would be approved at this meeting. It was a small second story, stepped back and the project had been going on for a long time. In addition he noted that he had taken a series of photographs of the project and had put up story poles. Siegel stated that this project was also projected to be built to the maximum development areas allowed and he intended to request review of all such projects. Council requested review of the Planning Commission's approval of request for a site development permit for a new residence and swimming pool, Lands of Liu, 26751 Almaden Court. 5. PRESENTATIONS FROM THE FLOOR `► March 4, 1992 3 6. PUBLIC HEARINGS 6.1 Request for a Site Development Permit for a New Residence, Tennis Court and Swimming Pool, Lands of Ben-Artzi, 27800 Via Feliz Bob Owen, developer, commented on the redesign of the Ben-Artzi project. They had removed the second story and placed the second story at the rear of the house. He further noted that screening for the project would not be a problem; they were using 24" box trees. June Dean, 27677 Lupine, commented on the visual impact of the Ben-Artzi project on her property. She was concerned about her view and believed that the screenings for the project would not be adequate. She thought there should be lower screenings as well. Ms. Dean also expressed concerns about drainage and the larger footprint of the house. She suggested that mitigating plantings be done right away and extensive maintenance agreements be required especially since they had already cut down so many trees on the property. Dot Schreiner, 14301 Saddle Mountain Drive, commented on the view from their home of the Ben-Artzi project and noted that they would still see 24' high poles. Tryon commended the Ben-Artzis and Bob Owen for addressing the issues raised earlier by the Council and residents concerning this project. She noted that lowering the pitch of the roof and the eaves would also be helpful and she had mentioned this to Mr. Owen. Hubbard also believed that the intent of the Council's comments had been met and asked if putting in plantings ahead of time was practical. Bob Owen, developer, noted they had no problem with putting in plantings early as long as it was within reason. They just did not want to plant and then have it ruined with construction. Mr. Owen further commented that he would be bringing in the landscape plan . Johnson stated that he was disappointed that this project had not been marked as well as it should have been. The house was sitting on a ridgeline and he still had some concerns although it did fit in better to the environment that it had before the redesign. March 4, 1992 4 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to approve a site development permit for a new residence, tennis court and swimming pool for Lands of Ben-Artzi, 27800 Via Feliz, subject to the conditions approved by the Planning Commission. Tryon also asked the applicants and their developer to work with the neighbors and also requested that they lower the pitch of the roof and extend the eaves. 7. UNFINISHED BUSINESS 7.1 Ordinance # Changing Time of Council Meetings and Format of Council Agendas Council discussed the proposed ordinance which included a revised format for Council Agendas to reflect public hearings starting at 7:00 p.m. It was decided to delete this section from the ordinance and to leave the format of the agendas to the Mayor and the City Manager. Elayne Dauber, 27930 Roble Alto, suggested that Presentations From the Floor be scheduled at 7:00 p.m. with Public Hearings following. Council agreed with this suggestion. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to introduce Ordinance #350 regarding meetings with the deletion of the section on order of business. 7.2 Discussion of Council Calendar MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to cancel the August 5, 1992 City Council Meeting. The Town Planner noted that she would advise the Planning Commission of this decision. In addition the City Manager asked that he be authorized to approve weed abatement during that period of time when Council would March 4, 1992 5 thr not be meeting and the Mayor suggested that the City Manager be given permanent authority to approve weed abatement. The City Attorney would look into this possibility. Tryon also noted that by July 1st the Town should be 'fire-safe' and the Fire Department should be reminded of this goal. 8. NEW BUSINESS 8.1 Request from the Santa Clara County Cities Association for a Position on the Development of a Consensus Position on the Issue of Representation on the Interim Board of a Regional Government Council had before them a request for a consensus position on the issue of representation on the interim board of a regional government. Tryon commented that while she was respectful of the effort being made, she was opposed to Senate Bill 797. She did not believe this was a good bill for the residents of Los Altos Hills and she believed that the Council by commenting on aspects of the bill such as the interim board appeared to be implicitly approving the bill. Siegel commented on his recent meeting in Sacramento which addressed growth management and he noted that the Governor also was not in favor of the bill. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to reaffirm the position that the Town was opposed to Senate Bill 797 and to direct Councilmember Johnson, the Council representative to the Santa Clara County Cities Association, to handle responses to related issues to this bill. AYES: Mayor Hubbard and Councilmembers Johnson and Tryon NOES: Councilmembers Casey and Siegel 8.2 Consideration of Proposed Increase in the City of San Jose Landfill Business Tax from $3.00 per ton to $13 per ton Council had before them the City Manager's staff report which included the recommendation that the City Council go on record in opposition to the proposed tax increase. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to approve a letter being sent from the Town to the Mayor of San Jose going on record in opposition to proposed increase in the City of San Jose landfill business tax from $3.00 per ton to $13 per ton. kir March 4, 1992 6 (1111W Siegel also asked the City Attorney to check with other attorneys on the possibility of a lawsuit. San Jose was not taxing their own residents with this increase and there was no limit to the tax. They could raise it every year. Tryon also noted that when the landfill issue was initially discussed it was a regional issue and a commitment had been made to the cities involved. It seemed possible that the cities had been misinformed. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Finance Committee 9.1.1 Report on Reimbursement Policy for City Councilmembers and Mid-Year Budget At the 12/18/91 City Council Meeting, Council agreed to establish their $150 monthly compensation as salary and to allow for reimbursement of up to $150 per month for actual and necessary expenses incurred in the performance of official duties per Government Code Section 36514.5. At both the 1/15/92 and 2/19/92 Council Meetings this issue was discussed again and referred to the Finance Committee for a recommendation. 4IW Philip Dauber, Chairman - Finance Committee, referred to his committee report dated 2/20/92 which included the recommendation that the Town give each Councilmember a monthly stipend of $250 in lieu of expense reimbursement. This amount would yield each Councilmember approximately $150 after tax withholding. This amount was also in lieu of specific expense reimbursment, except those approved by Council beforehand, such as attending out of town overnight meetings. Mr. Dauber stated that they believed this included the current $20 fee which Councilmembers received for attending certain meetings to outside agencies. He also noted that this policy would not be effective until July 1, 1992. Councilmembers discussed the committee's recommendation of $250 per month as opposed to the possible $300 per month ($150 month salary plus up to $150 per month expenses). Some of the issues raised were the amount of salary per month, what expenses could be reimbursed and payment ($20 per meeting) for attendance at certain meetings at outside agencies. A discussion also followed on the reimbursement policy regarding Planning Commissioners. March 4, 1992 7 e MOTION SECONDED AND WITHDRAWN: Moved by Siegel, seconded by `, Casey and withdrawn to authorize paying Commissioners $25 per meeting attended, at an amount not to exceed $50/month. Commissioner Jones stated that he believed the expense payment was too much. It was agreed to agendize the reimbursement policy for Planning Commissioners for a future Council Meeting and to ask for the Commissioners comments on the issue in the meantime. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to approve the Finance Committee's recommendation of giving each Councilmember a monthly stipend of $250 in lieu of expense reimbursement. This would not include the current $20 fee which Councilmembers received for attending certain meetings to outside agencies. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey Casey voted no because the increase in salary was not all inclusive of local expenses. Casey felt that the raise should include all local expenses. Siegel raised the issue of Councilmembers joining PERS and it was agreed this option would be brought to a future Council Meeting. It was further agreed the City Clerk would prepare a memo on the earlier action taken by Council regarding reimbursements. It was noted that a mid-year budget review was scheduled for a Council Meeting at 6:00 p.m. on Wednesday, March 18th. 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence The City Clerk corrected the report on Council Correspondence to reflect a letter received from Mr. Steinberg, not Mrs. Fenwick. March 4, 1992 8 Concerning this letter, Siegel noted that the stable under discussion appeared to be operating without a conditional use permit. The Town Planner noted that the owner of the stable was working on an application for a conditional use permit and Casey commented that she knew the stable owner was working on resolving the problems raised in Mr. Steinberg's letter. PASSED BY CONSENSUS: To allow a thirty day period for the owner of the stable to apply for a conditional use permit. 10.3b Notification of Arguments Submitted in Opposition to Advisory Measure on Fire-Retardant Roofing and Deadline Established for Submittal of Rebuttals The City Clerk reported that as of the 5:00 p.m. deadline on March 4th, one argument had been filed in favor of the advisory measure on fire-retardant roofing and one argument against. The deadline for filing a rebuttal was 5:00 p.m. on Tuesday, March 17th. PASSED BY CONSENSUS: To schedule a Special Meeting for noon on ` Wednesday, March 11th to finalize the rebuttal to the argument against the advisory ballot measure. 11. COUNCIL-INITIATED ITEMS 11.1 Discussion of Extending Notification Limit from 300' (Mayor Pro Tem Tryon) Council discussed the notification process now in place for public hearings. This process included notifying the neighbors within a 300' radius; posting notices on the three Town Boards and posting several notices on the property under discussion. It was noted that while additional notification to neighbors might be very helpful, the posting on the property was often not useful in that the notices blew away or there were not appropriate places to post them (i.e. on empty lots). Dot Schreiner, 14301 Saddle Mountain Drive, noted that the Town had yellow site signs used for posting on property. PASSED BY CONSENSUS: To modify the notification process to include notification of neighbors within a 500' radius; to post on the three Town Boards and to post one notice on the property under discussion. March 4, 1992 9 Siegel noted that Carmel had a good example of a post used to hold the public hearing notices on properties. 11.2 Discussion of Council Policy on Time Limits on Public Testimony (Mayor Hubbard) Council discussed the ground rules for giving public testimony at the meetings. In an effort to keep public hearings from being too long, Hubbard suggested that the applicant be requested to answer all questions regarding his or her project at one time rather than individually. It was also noted that the Town's Code referenced a five minute limit on presentations to the Council. It was generally agreed that the Mayor was in a position to conduct the Council Meetings as he deemed appropriate. 11.3 Joint City Council/Planning Commission Meeting Hubbard raised the issue of a joint meeting and it was agreed that this meeting would be scheduled for either April 1st at 5:30 p.m. or for April 29th (the fifth Wednesday of the month) depending on the agenda formulated for the meeting. The Mayor would decide which date would be best. It was noted that Planning Commissioner Jones would report these dates to the Commission. 411/ 11.4 Emergency Managers Meeting Hubbard noted that Fire Chief Landrum was unable to attend the Emergency Managers Meeting. 11.5 League of California Cities Bulletin -- Sales Tax on Food Tryon referred to recent articles on sales tax on food in the LOCC Bulletin. She strongly believed that food should not be taxed. 11.6 Town Party Siegel commented on the number of guarantors needed to make the Town's Party scheduled for May 8th a success and noted the Town's financial responsibility for this event. 11.7 Reagan Library ` March 4, 1992 10 Tryon commented on the Reagan Library, a 153,000 square foot building , which was an interesting architectural example. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:00 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the March 4, 1992 Regular City Council Meeting were approved at the April 1, 1992 City Council Meeting. March 4, 1992 11