HomeMy WebLinkAbout09/01/1993 (2)n
Minutes of a Regular Meeting
September 1, 1993
Town of Los Altos Hills
City Council Meeting
Wednesday, September 1, 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 6:10
p.m. in the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Dauber, Hubbard,
Siegel and Tryon
Absent: None
Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan,
Town Planner Linda Niles, Director of Public Works Jeff
Peterson and City Clerk Pat Dowd
Press: Jan Shaw, Los Altos Town Crier; Don Brignolo, San Jose
Mercury News
1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
PASSED BY CONSENSUS: To make the following changes to the agenda: move
Item 4.4 (Lands of Choo) to New Business and Item 7.6 (Packard Subcommittee
Report) to before the Public Hearings.
2. APPOINTMENTS AND PRESENTATIONS
2.1 Update of 1993 Draft Strategic Plan for Measure A -- Eileen Goodwin,
Executive Director - Santa Clara County Traffic Authority
Eileen Goodwin presented a status report to the Council on the Measure A projects,
the strategic plan and the jump start program. She reported that 26 miles of 101 had
been completed and was open to traffic; the work had begun on 237 and should be
done the end of next year; the Maude/Middlefield project was in the process of being
funded; and 85 was fully under construction. The strategic plan had been completed
and the jump start program involved begining the environmental studies on
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upcoming projects. Responding to a comment from Siegel about the soundwalls,
she noted that agencies required them and people living near the highways
`' appreciated them. Council thanked Eileen for her report and Tryon noted that this
billion dollar, ten year program would be coming in on schedule and under budget.
2.2 Appointments to North County Library Authority, Community
Relations Committee and Safety Committee
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to reappoint Elayne Dauber and Mary van Tamelen to the
North County Library Authority each for four-year terms. (Mayor Pro Tem Dauber
abstained on this vote.)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to appoint Jay Jenson to the Community Relations Committee
for a two-year term.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to appoint Robert Hall to the Safety Committee for a two-year
term.
3. PLANNING COMMISSION REPORT
Commissioner Ellinger reported the following applications were on the 7/28/93
Commission agenda: Lands of Naumann, 27301 Black Mountain Road - request
approved for site development permit for a major addition, deck and driveway
modification; Lands of Liu, 26471 Weston Drive - request approved for a site
development permit for an addition; Lands of Lohr, 24000 Oak Knoll Circle - request
approved for a site development permit for a new residence and pool; and Lands of
Fondahl, 12810 Viscaino Road - request for site development permit and variance
for a pool and deck to encroach into the front and side yard setback - forwarded to
Council without recommendation. Commissioner Schreiner noted that only five
Commissioners were at the meeting and they did not want to deny so they sent it to
Council without recommendation.
4. CONSENT CALENDAR
Items Removed: 4.11 (Dauber) and 4.12 (Siegel)
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: July 21, 1993 Regular Meeting
4.2 Approved Warrants: $69,485.73 (7/22/93)
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$18,475.84 (8/2/93)
$126,625.44 (8/17/93)
$ 44,098.04 (8/25/93)
4.3 Granted request for Extension of Site Development Permit for a pool for
Lands of Kao at 13861 Cicerone Lane
4.5 Awarded Certificate of Appreciation: Vicki Oldberg - Environmental
Design and Protection Committee
4.6 Approved Authorization for Council to attend League of California
Cities Annual Conference (October - San Francisco)
4.7 Accepted Dedication of an easement for pathway, Lands of
Doran, 24920 La Loma Court -- Reso #52-93
4.8 Accepted Dedication of an easement for pathway, Lands of Fung,
12585 Miraloma Way -- Reso #63-93
4.9 Agreed to change regular meeting date for second Council meeting in
September: September 15th to September 14th
4.10 Approved FY 93-94 Hazardous Materials Advisory Committee
Workplan (continued to next Council Meeting)
4.13 Issued Proclamation: Supporting the valuable services that the Asian
Americans for Community Involvement provide to Santa Clara County
4.14 Issued Proclamation: Beat the Back -Up Week in the Bay Area --
September 20-24,1993
4.15 Issued Proclamation: Commending State Senator Rebecca Morgan
4.16 Accepted dedication of easement for sanitary sewer facilities and
dedication of easement for access to the adjacent sanitary sewer easement,
Lands of Moyer, 13951 Campo Vista Lane -- Resolutions #54-93 and 55-93
4.17 Accepted Dedication of property for right-of-way, Lands of Shao,
25640 Elena Road -- Reso #56-93
Items Removed:
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E` 4.11 Approval Renewal of Agreement for Household Hazardous Waste
Materials - Reso #
Dauber inquired about the cost of this program per car; she believed the figures were
quite high. Hubbard also commented that those in charge of this program seemed
to make it quite difficult to participate whereas he believed it should be just the
opposite.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed unanimously to adopt Resolution #57-93 approving and authorizing
execution of the agency agreement for Countywide Household Waste Collection
Program.
4.12 Adoption of Resolutions authorizing execution of agreements for
preparation of a supplemental FIR for Lands of Eshner (The Eshner
Family Unitrust), Altamont Road -- Resolutions #
Council discussed their concerns about entering these contracts without the full
information available on the design of the subdivision. Issues included a four lot
design, access to the subdivision, placement of the houses and conservation
easement. Of significant importance was the conformity of the project with the Julie
Eshner home which had recently been purchased.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to adopt Resolution #58-93 approving and authorizing
execution of agreement between the Town and the Eshner Family Unitrust, to adopt
Resolution #59-93 approving and authorizing execution of agreement between the
Town and Julie Blakeslee, to direct staff to work with the consultants and to
establish a subcommittee of the Council for Lands of Eshner (Dauber and Siegel)
5. UNFINISHED BUSINESS
5.1 City Council Policy Statement regarding Natural Grade
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to adopt the following policy on natural grade: In determining
natural grade, the Town will allow a property owner to submit a reasonably accurate
topography map showing the old natural grade. Staff will then make a
determination as to whether there is adequate information on that topography map
(i.e. full project topography map, legible topography lines, etc.) to accomplish a
correct and complete review of the proposed project design.
5.2 Review and amendment of Resolution Establishing Standing
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Committees -- Reso #
This item was continued to the next meeting.
5.3 Request from Town Planner for Council Appointment of a
Committee to review the State Americans with Disabilities Act (ADA)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to establish a committee to review the Americans with
Disabilities Act (ADA) and to ask the following if they would be willing to serve on
this committee: Mary Stutz, Nancy Couperus, Viole McMahon, Karen Ammer. The
staff person involved in this project will be Suzanne Davis, Assistant Planner.
Council directed the committee to select a chairman.
6. NEW BUSINESS
6.1 Designation of Voting Delegate for League of California Cities
Annual Conference
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to appoint the Mayor and Mayor Pro Tem as Voting Delegate
and Alternate.
6.2 Request for Extension of Site Development Permit for a pool, tennis
court and cabana for Lands of Chou at 12581 Miraloma Way
Mr. Simon, representing applicant, commented that when he picked up the
landscape plans they realized that the pool had been placed in the worst location on
the property.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the site development permit extension for the
tennis court and deny the extension request for the pool and the cabana. It was
further directed that a new site development permit application will be submitted
and reviewed at the Planning Commission level for confirmation of the maximum
development area and maximum floor area, review of the new location and design
of the pool, review of the enlargement of the cabana, changes and additions to the
hardscape and modification to the driveway configuration. Council agreed the the
fees for this application would be waived.
6.3 Packard Subcommittee
Hubbard presented the report from the subcommittee which included the
recommendation that the Town consider a zoning ordinance amendment which
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would permit a charitable nonprofit foundation headquarter office as an allowed
use in the residential zone with significant restrictions. Council discussed this issue
noting that it was a unique application in that it would include around 65 acres of
open space for the Town. Dauber was most concerned about traffic and
recommended an environmental impact report.
Mr. Wilbur, representing Mr. Packard, commented that at this time they just wanted
to know if they should stop all plans or proceed with the application.
Betsy Bertram, 11853 Page Mill Road, referred to the article on this in the San Jose
Mercury and the reference to a possible subdivision if the foundation plans do not
work. She believed all of the facts should be made available to the Council and
input should be received before any decisions were made.
Dot Schreiner, 14301 Saddle Mountain, commented on public open space such as
Byrne Preserve and asked if the proposed open space with this application would be
accessible. She also commented on the long term maintenance costs and since the
nonprofit foundation would not pay taxes, in effect the Town would be subsidizing
the applicant.
Carol Gottlieb, 24290 Summerhill, referred to the Master Path Plan which called for
a path in this area which would be blocked off if this application was approved. She
was quite concerned about private open space.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to approve in concept the proceeding with the process of an
application for a charitable nonprofit foundation headquarter office as an allowed
use in the residential zone in the Town with significant restrictions.
7. REPORTS FROM COMMITTEES. SUB -COMMITTEES. AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Community Relations Committee
7.1.1 Report on String in the Hills
This item was continued. The Chairman of the Committee will be submitting a
financial statement of the event.
7.2 Quarry Sub -Committee
Dauber reported that she had met with John Vidovich at the quarry to review the
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site. She noted that he had removed all of the brush from the hillside.
Mr.Vidovich's hearing with the County had been continued to November.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to go past the 10:30 p.m. hour of adjournment.
7.3 Residential Design Guidelines Sub -Committee: Report and Request
for clarification of Town policies on certain planning issues
Dauber reported that the committee had met on August 18th and had achieved
substantial agreement on the complete text and pictures needed. Carrasco
and Associates had stated that they would produce a finished product to
the committee's satisfaction and within budget.
PASSED BY CONSENSUS: In response to a request from Dauber, the Council
determined the following should be or should not be included in the
design guidelines: do not include references to fire roads (part of site
analysis), include only what is in the Code regarding secondary dwellings
and add the following: If possible design house so that garage is not visible
from the roadway.
7.4 Handbook Sub -Committee
Tryon referred to the revised draft of the handbook and a proposal which had
been received from PRX. She noted that after a two week comment period
they hoped to bring this back to the Council at the next meeting for
decision on the production of the document. A final draft will be
available at that time and the City Manager was directed to get two more
bids on the project.
7.5 Planning Issues Sub -Committee
7.5.1 Report on recommendations for Zoning Ordinance and
Site Development Ordinance Amendments regarding
basements, floor area calculations, attics, setbacks, turf
block, natural grade, de -facto subdivisions, conservation
easement setbacks from creeks, three story facades, elimination
of grandfather status for non -conformities that are voluntarily
torn down, reduction to the allowed overall height limit
requirement for adequate outdoor living area, encouragement
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of the use of eaves, encouragement of secondary units and
`' discouragement of maxing out, topography requirements at
subdivision map stage and requiring sewer hookups within so
many feet of the lots.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel
and passed unanimously to direct staff to begin the public hearings at the
Planning Commission level to receive input regarding proposed
amendments to the Zoning, Site Development and Subdivision
Ordinances as stated in the Planner's report dated 9/1/93 (on file at Town
Hall). Council added to this report the issue of how floor area was
counted. Council further directed that when these issues came back to
them they be submitted with recommendations to adopt or not to adopt or
to adopt with substitutions. It was noted that the subcommittee on the
Council regarding Planning Issues had now completed their tasks.
7.6 Packard Sub -Committee
This item was moved to earlier in the meeting.
7.7 Library Report
Dauber reported that in mid-September hours of the libary were going to be
reduced to 53 from 64 but they were still in better shape than other cities.
Currently options being discussed included: status quo, make the Santa
Clara County Library System a special district or have the cities withdraw
from the County Library System.
8. STAFF REPORTS
8.1 City Manager
8.1.1 Draft Housing Element Status
Council had a report that a meeting was scheduled for September 9th with
representatives of Housing and Community Development to discuss the
draft Housing Element.
8.1.2 Stevens Creek Quarry, Inc.
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Regular City Council Meeting
A meeting was scheduled for 2:00 p.m. on Friday at Stonebrook to review the
tests regarding hauling dirt to the quarry.
8.1.3 Capital Budget Projects
The City Manager asked for any comments the Council had on capital budget
projects. Siegel noted tree planting and Tryon noted a creek park at Edith
and Fremont (Han property).
8.1.4 Goals and Objectives
The City Manager asked Council for their comments on the goals and
objectives of the Town.
8.1.5 PERS
The City Manager noted that he had received information from PERS
concerning including Council in this program and he now needed input
from the Council on this matter.
8.1.6 Cable TV
The City Manager noted that the Town was not affected by the new cable tv
legislation as it was too small.
8.1.7 Purissima Hills Water District Building
This issue was under discussion and would be coming back to Council in the
near future.
8.2 City Attorney
The City Attorney commented on the East Sunset Drive issue and whether it
was a private or public street. In researching the issue it appeared that the
Town was responsible for the road but the Town should ask for rights of
way from the residents.
8.3 City Clerk
8.3.1 Report on Council Correspondence dated 8/26/93
9. COUNCIL -INITIATED ITEMS
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9.1 Los Altos Chamber of Commerce Community Calendar (Mayor Pro Tem
Dauber)
Council discussed the community calendar which presently was mailed to residents
of Los Altos in their garbage bills. The garbage company has agreed to mail it to the
Town but there would be a $370 charge for printing by the Chamber. Council noted
that the Chamber was also for the Town and both the Town and Los Altos
contributed financially to the Chamber. It was agreed that the request would be
submitted to the Los Altos Chamber Board of Directors that the community calendar
be sent to the residents of the Town and that the Town not be charged for the
printing costs.
9.2 Property Tax (Councilmember Tryon)
Tryon referred to the position adopted last year by the League of California Cities
concerning the requirement that counties specify on property tax statements where
the money is going.
9.3 Transportation Issues (Councilmember Tryon)
Tryon reported her concerns about the various transportation agencies and the
overlapping of who serves on these committees. The agencies include the
following: Metropolitan Transportation Commission, Congestion Management
Agency, Transit District Board,Traffic Authority and the Local Transportation
Authority. Tryon believed there was a conflict of interest in some of those sitting on
the numerous boards. She asked that the Mayor raise this issue at the Cities
Association.
10. PRESENTATIONS FROM THE FLOOR
Triona Watson, President - Los Altos Hills Horsemens Association, referred to a
letter she had written the Town in June requesting reimbursement for expenses
made in repairing the Town Ring. She had submitted a budget for the year and they
would like to proceed with maintenance projects before the winter rains. In reply to
an inquiry from Council, she did note that private lessons were being given at the
Ring. Tryon stated her concerns that there was no agreement between the Town
and this facility. Dauber inquired why this issue was taking so long and asked that it
be agendized as soon as possible.
Betsy Bertram, 11853 Page Mill Road, expressed her concerns about recycling. She
did not believe the containers were large enough and the drivers seemed quite
selective about what they would pick up.
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11. PUBLIC HEARINGS:
11.1 Request for a Site Development Permit and Variance for Entry Pillars
and Gates, Lands of Puri, 12775 Viscaino Road
This item was continued to the next meeting at the request of the applicant.
11.2 Request for a Site Development Permit and Variance for a Pool and
Deck to encroach into the front and side yard setback, Lands of Fondahl,
12810 Viscaino Road
Doris Fondahl, applicant, explained why the pool was planned in the front the
house, emphasizing that the back of their lot was quite steep. They did not believe
there were any options and therefore were requesting the variance. They did not
have other recreational areas such as tennis courts, etc. but would like a pool for
recreation, fire protection (extra water) and therapeutic exercise. It was close to the
house and not seen by the neighbors.
Mr. and Mrs. Bert Rayfield, 12820 Viscaino, supported the Fondahl's project. They
noted that there was no signifiant impact on the neighbors and the pool would be
heavily screened.
Mr. Jim Abraham 12831 Viscaino, supported the Fondahl's request. He also referred
`r to a letter he had written on a neighboring property which built in the setback and
he believed all residents should be treated equally.
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Peter Shaw, applicant's landscape architect, presented plans for Council's review
and noted that they were actually reducing development on the lot by taking out a
patio area. He further explained why they believed the pool needed to go in the
front of the house.
Dot Schreiner, Planning Commissioner, noted that this was a substandard lot and
the Town was very protective of its setbacks. She believed it was a larger issue if the
Town started to allow encroachments into the setbacks on these lots.
Dorian Fondahl, applicant's daughter, commented that behind the house was a
possible location for the pool but it was very steep and got no light.
Council discussed this application and the necessity of making the findings for a
variance. Johnson and Tryon in particular did not see how findings one and two
could be made. These related in particular to depriving the subject property of
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privileges that are enjoyed by other properties in the vicinity and in the same
zoning district by strictly applying the zoning standards and if the variance is
approved it will not be granting special privileges not enjoyed by other surrounding
property owners. Dauber commented that the front of the house could be
considered to be on Camino Medio if that helped the applicants in a redesign.
Hubbard believed each application should be reviewed on its merits. This project
actually reduced development area, it was well screened and had no impact on the
neighbors.
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Hubbard to approve the
site development permit and variance for Lands of Fondahl, 12810 Viscaino Road.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed by the following roll call vote to deny the request for a site development
permit and variance for Lands of Fondahl, 12810 Viscaino Road based on the lack of
variance findings and to direct the Planner to prepare the findings for denial of the
variance for submittal on the next Council agenda.
AYES: Mayor Johnson and Councilmembers Dauber, Siegel and Tryon
NOES: Councilmember Hubbard
11.3 Request for a Site Development Permit for a New Residence, Guest House
and Garage, Lands of Ahrens, 13711 Old Altos Road
Abbie Ahrens, applicant, commented on the project before Council. She referred to
the easement between the Town and the Water District, noting that the original files
on the property had been lost as a result of a fire. She asked that the existing historic
items be allowed to remain where they were on the lot but had no objection to the
25' conservation easement. There were 159 major plantings on the property and she
had had several meetings with the arborist whose recommendations she planned to
follow. The story poles did not show the recently discussed moving of the house by
10' to allow for the tree trunks. Originally the trees had been plotted by aerials
which did not accurately reflect where they were. Thus the discussion to move the
house. On the subject of timing, Mrs. Ahrens noted that the secondary dwelling and
the garage would be built first. When their present homes sold they would then
build the primary residence.
Mr. Haws, applicant's architect, reiterated Mrs. Ahrens comments about having the
lot resurveyed and thus moving the house to get away from the trees. Mr. Haws
also commented on the use of fill for the flood plane but noted that fill would not be
used near the trees.
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Jill Gilliland, 13690 Old Altos Road, noted that she had been concerned about
`. flooding but had been assured by the Water District that their property would not
flood. She did have concerns about the placement of the garage as she believed it
impacted their privacy as it was right across from their bedroom windows and the
driveway to the garage passed right by their bedrooms.
Carol Gottlieb, 24290 Summerhill, commented that at one time the Town kept the
easements rather than giving them to the Water District. She further noted that in
1982 Jean Struthers urged conservation easements near creeks. Mrs. Gottlieb
believed secondary dwellings should impact the primary residences more than the
neighbors.
Siegel raised the question of the placement of the garage. He believed it could be
considered a third dwelling on the property. Dauber suggested eliminating garage
and adding it to the house which would result in only two buildings on the
property. She also expressed concerns about the fill around the oak trees, the
driveway running the length of the lot, the circle going into the setback and the fact
that the lot is not wide enough. In addition to suggesting adding the garage to the
house, she suggested placing the guest house where the existing garage is. Tryon
recommended keeping the 25' conservation easement. She also suggested a wall to
address the neighbor's concerns but was advised this might cause problems with the
sewers. Siegel urged that the trees not be damaged by construction work and
recommended that the use of the garage be restricted by deed.
Council agreed that the following conditions should be added to those
recommended by the Planning Commission: add 25' conservation easement, restrict
by deed the use of the garage, no fill allowed under the drip line, party wall for the
neighbors and native path. In addition, the following will be added to condition 20:
An Arborist Report including "Tree Protection Measures" shall be filed with the
Town and followed by the owner and contractors. Only tree Qa4 as noted on the
arborist's report dated August 23, 1993 shall be removed. Any other oak tree
removed requires the advance approval of the Town Planner.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to approve a site development permit for a new residence,
guest house and garage, Lands of Ahrens, 13711 Old Altos Road, subject to
conditions of approval as amended by Council. Said conditions will be submitted
for Council approval at their next meeting.
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11.4 Proposed Increases in or Levying of New Fees or Charges
This public hearing has been continued to the October 6, 1993 City Council Meeting.
12. ADIOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:45 p.m. to an Adjourned Regular Meeting at 4:30
p.m. on Tuesday, September 14, 1993.
Respectfully subinutted,
Patricia Dowd
City Clerk
The minutes of the September 1, 1993 Regular City Council Meeting were
approved at the September 14, 1993 Regular City Council Meeting.
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