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HomeMy WebLinkAbout05/06/1992 Minutes of a Regular Meeting May 6, 1992 Town of Los Altos Hills City Council Meeting Wednesday, May 6, 1992, 6:00 P.M. Council Chambers, 26379 Fremont Road I. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Tryon called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Pro Tern Tryon and Councilmembers Casey Johnson and Siegel Absent: Mayor Hubbard Staff: City Attorney Sandy Sloan, Town Planner Linda Niles, Director of Public Works Jeff Peterson and City Clerk thilY Pat Dowd Press: None Mayor Pro Tern Tryon noted that the City Manager's father had recently passed away and she asked that the Council Meeting be adjourned in his memory. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Noel reported that the following two issues were on the April 22, 1992 Planning Commission agenda: Lands of Tan, 26872 Almaden Court - request for a conditional development permit for an addition approved; and Lands of Ting, 13353 Rhoda Drive - request for a site development permit for an addition and decking approved. kir May 6, 1992 Regular Meeting INS 4. CONSENT CALENDAR The Director of Public Works reported that there was a deadline of May 19th for the Town to notify the Department of Transportation if there was interest in purchasing or leasing a .76 acre parcel of surplus land which was adjacent to and immediately south of the existing Caltrans Park and Ride facility on Page Mill and Arastradero Roads. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to add the following item to the agenda as an urgency item: Department of Transportation offer to sell or lease surplus land - interest of Town in purchasing or leasing a .76 acre parcel of surplus land which was adjacent to and immediately south of the existing Caltrans Park and Ride facility on Page Mill and Arastradero Roads. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to add the item on the Department of Transportation offer to sell or lease surplus land to the Consent Calendar - interest in purchasing or leasing a .76 acre parcel of surplus land which was adjacent to and immediately south of the existing Caltrans Park and Ride facility on Page Mill and Arastradero Roads. `, PASSED BY CONSENSUS: To remove Item 4.3 from the Consent Calendar for consideration by a full Council at the next meeting. 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: April 14, 1992 (Special Meeting) April 15, 1992 (Special Meeting) April 15, 1992 (Regular Meeting) 4.2 Approved Warrants: $83,096.31 (4/17/92) $35,635.14 (4/30/92) 4.4 hitroduced Ordinance Amending Sanitary Sewer Ordinance 4.5 Approved Request from League of Women Voters to use Council Chambers for a Candidates' Night - May 12, 1992 4.6 Approved Agreement with Audit Firm - Maze and Associates -- Reso #10-92 May 6, 1992 Regular Meeting 2 `, 4.7 Approved Notice of Completion, Taaffe Road Construction Project Gradetech, Inc. -- Reso #11-92 4.8 Accepted Right-of-Way Dedication, Josefa Lane -- Reso #12-92 4.9 Approved Notifying the Department of Transportation of the Town's interest in purchasing or leasing a .76 acre parcel of surplus land which was adjacent to and immediately south of the existing Caltrans Park and Ride facility on Page Mill and Arastradero Roads. 5. PRESENTATIONS FROM THE FLOOR Dr. Howard Martin, 11666 Dawson Drive, addressed the Council concerning changes that were occurring to the landscape of Neary Quarry. The lower lake of the quarry was up fifteen feet but evaporation was taking place. Dr. Martin suggested this would be a good time for the Town to take measurements to see what evaporation was taking place. He also noted that the lower lake was down and Mr. Vidovich was soon going to be pumping or siphoning the upper lake into the lower and then grading. On another subject Dr. Martin addressed the ecological change in the Juan Prada Mesa Preserve area. The fire hazard was up as it went from a moist to dry area. Weeds and trees were drier than before; frogs were no longer present but lizards were; the mosquito population was up and there were fewer broad leaf plants. Council asked the Town Planner to contact the County to get a status report on the work Mr. Vidovich was doing at the quarry and also to ascertain what work could be done in the County with or without permit. Council further asked staff to contact the Fire Department concerning Juan Prada Mesa Preserve and to ask them to pay particular attention to this area. Mrs. Shari Emling, 11853 Murietta Lane, commented on the entry into the Town on El Monte and suggested it be given some attention by the staff. For one of the major entries into the Town it was dirty, full of weeds and messy. Mr. David Mooring, 13791 La Paloma Road, referred to his request at the last Council meeting for a legal statement of the findings for the denial of his request for a site development permit for a new residence. He noted that in response to this request he had received a letter from the Mayor with enclosures of the minutes from the Council Meetings at which his application had been discussed. The City Attorney responded that the findings for the denial were included in the minutes which Mr. Mooring had received. May 6, 1992 Regular Meeting 3 6. PUBLIC HEARINGS 7. UNFINISHED BUSINESS 7.1 Request from Dr. Hau for Waiver of Additional Appeal Costs Relative to his Project at 13901 W. Edith Dr. Jonathan Hau, applicant, thanked the Council for waiving the appeal costs in November 1991 related to the City Attorney's time spent on his project. At this time, however, he was requesting Council to waive the $787.50 in charges he had been billed for the Director of Public Works' time charged on the appeal of his project. He also did not believe these charges were valid. In response to an inquiry from Council as to the status of his project, Mr. Hau responded that discussions were currently taking place with the Water District. They wanted him to widen the creek but he objected to just widening it on his property. Discussions were ongoing with the Los Altos neighbors involved. In addition he was working with Los Altos on the sewer issue. Casey noted that Dr. Hau had been charged approximately $5,000 in fees for his project and she believed the same argument was valid for the Director of Public Works' time as was true for the City Attorney's time concerning the appeal of Dr. Hau's project. She believed the Director of Public Works had worked on conditions of approval for the Hau project which had not been directed by Council and the time and fees charged to Dr. Hau could not be justified. In her opinion Dr. Hau was being charged for costs related to an appeal he did not start. Johnson noted that staff was expected to work on all aspects of a project and did not need direction from the Council. He further noted that the person who caused the expense was responsible for paying for it. Although he had supported Dr. Hau with respect to the City Attorney's costs he could not support him in his request for waiver of the Director of Public Works' time. Siegel noted that this was not a new policy; applicants had always paid the costs. Siegel and Tryon commented that this was a very complex project and staff time had appropriately been charged. haw May 6, 1992 Regular Meeting 4 MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to grant Mr. `, Hau's request for a waiver of$787.50 in fees related to his project for a new residence and second unit at 13901 W. Edith Avenue. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to deny Mr. Hau's request for a waiver of $787.50 in fees related to his project for a new residence and second unit at 13901 W. Edith Avenue. AYES: Mayor Pro Tern Tryon and Councilmembers Johnson and Siegel NOES: Councilmember Casey ABSENT: Mayor Hubbard Dr. Hau, applicant, stated that he did not see the difference between the City Attorney's time and the Director of Public Works' time; the appeal policy had not been established when the appeal against him was filed; and he did not believe he had been treated fairly. 7.2 Request from Mr. Noghrey for Extension of his Site Development Permit Mr. Noghrey, applicant, explained to the Council the financial conditions which were the basis for his request for a one year extension of his site development permit for a new residence which had been originally approved in August of 1989. He had requested a two year extension but he was changing that now to a one year request for extension to June 1993. Mr. Noghrey also commented the neighbors were the same as when he originally applied for a site development permit and they had no objections to the project. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to approve a one year extension of Mr. Noghrey's site development permit for a new residence at 27870 Fawn Creek Court to June 1993. Tryon asked if the neighbors had been notified and was advised that they had not been as this was not a public hearing. She was concerned about this policy in general but in this case she knew the area and that the neighbors concurred with the project under discussion. Johnson commented on the financial difficulties of the owner and Siegel noted that the procedure had changed since the original application for this project and it had not originally been reviewed by Council. The applicant's proposed maximum use of floor area was also discussed. hlw May 6, 1992 Regular Meeting 5 Ili/ MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously by all members present to grant an extension of Mr. Noghrey's site development permit for a new residence at 27870 Fawn Creek Court to March 30, 1993. It was further noted that no further extensions for this project would be granted. PASSED BY CONSENSUS: To adopt the policy that although requests for extensions of site development permits were not public hearings, the neighbors would be sent an agenda notifying them that such requests were being discussed by the Council. 7.3 Requests from Horsemen? Association Concerning Parking and the Addition of a Warm-Up Area at the Town Ring Trina Watson, President of the Los Altos Hills Horsemens' Association, referred to her letter dated 4/7/92 in which she asked for approval of a warm-up area for the horses competing at Town Ring shows and approval of certain measures to prevent illegal parking on the grassy area around the ring. Dot Schreiner, Chairman - Pathways Recreation and Parks Committee, commented on the parking issue. The Pathways Recreation and Parks Committee had held a meeting of interested parties on this matter and a sub-committee had been formed to include the City Manager, Ed Emling (Horsemen? Association) and Wes Henderson (Little League). Mrs. Schreiner suggested the sub-committee address the parking issue again as it was presently not working out at all. Parking was solid and the horses could not get through. In addition the no parking signs were being ignored. She also commented on the area opposite the corporation yard. People were parking there which precluded anyone from turning to get into the yard. She believed no parking signs should be placed in that location . Shari Emling, 11853 Murietta Lane, commented that if telephone poles were used they would have to be quite substantial or they would not be effective. Ed Emling, 11953 Murietta Lane, commented that he believed the area was dangerous for both cars and horses. Cars were all over the area and it was an ongoing problem. He believed the area should be signed no parking all along the street and marked a tow away zone. May 6, 1992 Regular Meeting 6 Councilmember Casey left the Council Meeting at 7:10 p.m. Bob Stutz, Horsemens' Association, noted, in response to comments made about the use of loudspeakers at the Little League Fields, that when the Town Ring was first built Council was very specific about not allowing any amplified sound. PASSED BY CONSENSUS: To approve the requests made by the Horsemens' Association in their letter dated 4/7/92: move the bleachers to the south side of the arena where there is a natural knoll; relocate the water faucet from the scrub oak to the Little League fence line; add a new hitching line; disc the area and lay wood chips for footing; place used telegraph poles along the roadside by the arena; place a chain between two posts to allow access to the Sun Cable station and place more no parking signs along Purissima and Viscaino Roads. In addition Council directed the City Attorney to look into the option of increasing the amount of money charged for tickets; requested clarification from staff of the statement that the deputies were told not to ticket in that area; concurred with the request for more trash cans in the area; and directed the City Manager to call a meeting of the sub-committee, including the Mayor, to further address the issue of parking and signage in the area of the Town Ring and Little League Fields. 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.2.1 Ordinance Setting Salaries for Councilmembers The City Attorney noted that this item had been removed from the Consent Calendar for discussion at the next meeting. If it was approved at the May 20th meeting, it would be effective thirty days later - June 30th. Council discussed the delay involved in voting on this issue and the possible confusion which might arise. May 6, 1992 Regular Meeting 7 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon 411W and passed unanimously by all members present to reconsider the continuance of the ordinance setting salaries for Councilmembers. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously by all members present to adopt Ordinance #352 setting salaries for Councilmembers. 10.3 City Clerk 10.3a Report on Council Correspondence dated 4/28/92 11. COUNCIL-INITIATED ITEMS 11.1 Request for Appointment of a Council Sub-Committee on City Manager's Compensation (Mayor Hubbard) PASSED BY CONSENSUS: To appoint Councilmembers Johnson and Siegel to a Sub-Committee on the City Manager's Compensation. 11.2 Santa Clara County Manufacturing Group (Mayor Pro Tem Tryon) Tryon noted that a request would be forthcoming from the Sant Clara County 1111W Manufacturing Group for adoption of an ordinance establishing a Santa Clara County Local Transportation Authority and this matter would be placed on the next Council agenda. 11.3 Public Safety (Mayor Pro Tem Tryon) Tryon commended Deputy Lee for his capture of a suspected burglar in the Town. 11.4 Sun County Cable and Solid Waste Program (Councilmember Siegel) Siegel asked the City Manager to provide reports at the next Council Meeting on the status of Sun Country Cable and on the rate setting for the solid waste program. He further asked that the new audit firm be requested to conduct an audit of the cable tv firm. May 6, 1992 Regular Meeting 8 `, 12. CLOSED SESSION: PENDING LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) The City Council adjourned to a Closed Session for purposes of pending litigation at 7:40 p.m. and reconvened at 7:45 p.m. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 7:45 p.m. in memory of Les Jones' father to an Adjourned Regular Meeting at 7:30 p.m. on Thursday, May 14, 1992. Respectfully submitted, Patricia Dowd City Clerk Mit The minutes of the May 6, 1992 City Council Meeting were approved at the May 20, 1992 Regular City Council Meeting. May 6, 1992 Regular Meeting 9