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HomeMy WebLinkAbout07/01/1992 (2) Minutes of a Regular Meeting July 1, 1992 Town of Los Altos Hills City Council Meeting Wednesday,July 1, 1992, 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 Jones, II, City Attorney Sandy Sloan, Town Planner Linda Niles, Director of Public Works Jeff Peterson and City Clerk Pat Dowd � Press: None kir 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Planning Commission and Standing Committees MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to appoint Dot Schreiner and James Sinunu to the Planning Commission for four year terms. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to appoint Thornton Fisher to a two year term on the Safety Committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to appoint Linda Seidel to a two year term on the Community Relations Committee. 3. PLANNING COMMISSION REPORT July 1, 1992 Regular Meeting I The Town Planner reported that in addition to the Planning items on the Consent Calendar, the Planning Commission at their 6/24/92 meeting had discussed the issue of allowing a second unit to be constructed on a lot before a primary unit was built. The Commission requested that Council address this issue. Dauber asked if the drainage issue had been addressed for Lands of Garrow. The Town Planner reported that it had for the second unit but not for entire project and she would look into this issue. 4. CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to add item 5.1 to the Consent Calendar. Item Removed: 4.3 (Siegel) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Warrants: $98,176.29 (6/18/92) 4.2 Approved Fourth Amendment to Agreement to Provide Local Law ` Enforcement Agency Access to the California Identification System -- Reso #25-92 4.4 Approved Final Parcel Map, Lands of Wiedman and Eustice -- Reso #26-92 4.5 Approved Increasing Amount of Bail for Parking Violations -- Reso #27-92 4.6 Decided Not To Review the following Planning Commission Actions at Its Meeting on June 24, 1992: 4.6a Lands of Ratnam, 13408 Middle Fork Lane: request for a Site Development Permit for a Landscape Plan and Paint Color 4.6b Lands of Garrow, 13912 Mir Mirou Drive: request for a Site Development Permit for a 2nd Unit Cottage and Hardscape 4.7 Approved Request for Extension of Site Development Permit to May 8, 1993 for landscape and hardscape, Lands of Salazar, 12390 Gigli Court July 1, 1992 Regular Meeting 2 Item Removed: tiliv 4.3 Approved Second Amendment to Agreement for Countywide Household Waste Collection Program -- Reso # Siegel asked if the $32,000 cost to the Town for participating in this program would be recovered from the Solid Waste Fund and the City Manager responded that it would. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #28-92 approvin second amendment to agreement for countywide Household Waste Collection Program. 5. NEW BUSINESS 5.2 Appointments of Councilmembers to Subcommittees and as Liaisons or Members Representing the Council on Town Committees and Outside Agencies PASSED BY CONSENSUS: To approve the following appointments to subcommittees and as liaisons or members representing the Council on Town Committees and outside agencies ko. Committee Liaison Community Relations Bob Johnson Environmental Design and Protection Barbara Tryon Finance William Siegel Pathways, Recreation and Parks Sid Hubbard Safety Elayne Dauber Appointments to Outside Agencies ABAG Sid Hubbard Barbara Tryon (alternate) Community Health Awareness Council Rory Kaplan (CHAC) Emergency Preparedness Council Barbara Tryon Intergovernmental Council (IGC) Mayor City Selection Mayor July 1, 1992 Regular Meeting 3 League of California Cities - Peninsula Bob Johnson kir Division Barbara Tryon (alternate) Los Altos Senior Coordinating Council Elayne Dauber North County Library Authority Elayne Dauber Santa Clara County Transportation Barbara Tryon Commission Traffic Authority Policy Advisory Board Sid Hubbard Santa Clara Valley Water Commission Bob Johnson Santa Clara Valley Water District Jeff Peterson (staff) Northwest Flood Control Advisory William Siegel (alternate) Committee Santa Clara County Cities Bob Johnson Association Barbara Tryon (alternate) City Council Sub-Committees Town Newsletter William Siegel Quarry Hills Project Elayne Dauber William Siegel McCullough Subdivision Advisory Bob Johnson William Siegel Town Logo & Materials Production Bob Johnson Barbara Tryon Sub-committee closed - project completed. Planning Issues William Siegel Barbara Tryon Adams Property -- Summerhill Bob Johnson (annexation) William Siegel Sub-committee closed - project completed. { July 1, 1992 \r Regular Meeting 4 City Manager's Compensation Bob Johnson William Siegel Sub-committee closed - project completed. Carnes Power Lines Sid Hubbard Bob Johnson Sub-committee closed - project completed. Cable TV Bob Johnson William Siegel 6. UNFINISHED BUSINESS 6.1 Request for Approval of a Site Development Permit for a Major Addition, Carport, Walkway, Deck and Variance to exceed Maximum Floor Area and Maximum Development Area, Lands of Clasquin/ Harslem, 13641 Paseo del Roble (continued from June 17, 1992 meeting) Dauber stated that she had been at the Council Meeting at which this issue had been discussed and she was "reconstituted". Johnson stated that he believed approval of this variance would be setting a precedence and he could not support it. In particular he did not believe that findings one and two for a variance could be met. Dauber believed it was a safety issue - the variance was needed to increase the structural stability of the house. However, she did question the addition of 1,600 square feet for a walkway. Hubbard commented that the deck which was obtrusive would be removed and would be replaced with a structure of less visual impact. Tryon believed the variance was reasonable and the findings could be made due to the structure and the slope of the structure. Mr. Harslem, applicant, addressed their project and in particular explained the walkway area - there was a need for a second entrance to the house for safety purposes. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to approve the request for approval of a Site Development Permit for a major addition, carport, walkway, deck and %byJuly 1, 1992 Regular Meeting 5 variance to exceed maximum floor area and maximum development area, Lands of Clasquin/Harslem, 13641 Paseo del Roble, subject to the findings and conditions of approval as proposed by the Town Planner in her staff report dated July 1,1992. AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Pro Tern Johnson 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Meeting regarding access off Page Mill Road Dauber reported that she had attended the meeting held at Town Hall regarding the area of Christophers' Lane and Page Mill and the access off Page Mill. Representatives from the Safety Committee, the County Highway Department and the State Highway Department were present as well as staff and residents from the area under discussion. Dauber noted that excellent suggestions had been put forth on issues such as signing and inexpensive proposals had been offered to the State. The Director of Public Works would be following thru on these recommendations and Dauber commented that he had made an excellent presentation in summing up `, the points made at the meeting. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3a Report on Council Correspondence In response to an inquiry from Council concerning the letter from Mr. Stewart on vandalism of mailboxes, the City Manager noted that he had spoken with Mr. Stewart. The City Manager further commented that he had talked to the Fire Department and %brJuly 1, 1992 Regular Meeting 6 fhp, Sheriff's Department regarding precautionary measures to be taken by both agencies on the Fourth of July. The letter Council had received from Steve Finn concerning construction hours would be scheduled for discussion at the next Council meeting on July 15th. 9. COUNCIL-INITIATED ITEMS 9.1 As owners of land in the Assessment District, should the City Council protest the Midpeninsula Regional Open Space District's Assessment District Formation (Councilmember Hubbard) The City Attorney stated that Councilmembers Hubbard and Siegel should not vote on this issue as the issue had a financial impact on their property. She further noted that the Town would not be assessed by the Midpeninsula Regional Open Space District; therefore, they could give an opinion but not file an official protest. Johnson asked why Hubbard and Siegel had to step down from this vote when for instance Councilmembers in the Palo Alto Sewer Basin did not step down from voting on that issue. Siegel pointed out that the Council had no authority over the Midpeninsula Regional Open Space District but did have authority over the rates set for the Palo Alto Sewer Basin. tit Hubbard and Siegel stepped down from consideration of this item. Herb Grench, General Manager - MROSD, and Craig Britton, Assistant General Manager - MROSD, explained the rationale behind the formation of an assessment district to the Council. An appraisal had been done on the property in an amount of $10.2 million. $2 million had been put down on the property and the transaction of the $8.5 purchase price had to be completed by the end of 1992. The District had sufficient fund to go ahead with this project but there were two other priority open space projects for which money was needed. The assessment district process was being undertaken according to the 1972 Landscaping and Lighting Act; informational mailings and neighborhood meetings had taken place; and a protest hearing was scheduled for July 9th at Bullis School. They reported that if Mr. Vidovich did not get approval of his general plan amendment, he could nullify the agreement and he would return the $2 million. The following addressed the Council in opposition to the formation of an assessment disrict by MROSP: Shari Emling, 11853 Murietta Lane; Thornton Fisher, hrJuly 1, 1992 Regular Meeting 7 25603 Fernhill; Wes Caughlan, 10836 West Loyola Drive; and Harry Block, 11751 Winding Way. The issues they raised included the following: there was only one appraisal done for the Vidovich property and it was exhorbitant; it was an important piece of land but an assessment district was not the appropriate way to go about it; difficulties expressed in understanding the boundaries formed for the assessment district - they did not make any sense; not in favor of paying for open space in other areas; misuse of power to form an assessment district; MROSD should work within its budget; assessment district would not benefit the people but rather the property; not sufficient notification; parcel tax in disguise; formation of an assessment district should go to a vote of the people and would require 2/3 vote of the people; no objections raised to the importance of the land as open space but not in favor of unfair taxation; and inequity of assessment. Liz Dana, 25700 Bassett Lane and Ry and Susan Smith, 23230 Ravensbury, spoke in favor of the assessment district noting its importance for the preservation of open space. William Siegel, 24905 La Loma Court, stated his support for the assessment district but did not think it was appropriate for the Council to take a position on this issue. Residents could file a protest with the MROSD. Sid Hubbard, 25228 La Loma Drive, stated his support for the assessment district emphasizing the importance to the Town of open space. Johnson questioned whether an assessment district should be imposed on those haw who do not want it? It appeared to be a parcel tax to him and he thought it would be better public relations if it went to a vote of the people. Tryon supported the acquisition of open space but thought everyone should pay for it. She also did not think that forming an assessment district without a vote of the people was correct. Dauber did not believe Council should take a stand on this issue. She was not in the assessment district but if she were she would not file a protest. She had worked hard for open space as a supporter of Measure B but she did not believe the way the assessment district had been described was the right way to go about it. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to table the discussion of the Town filing a protest against the formation of an assessment district by the MROSD. AYES: Mayor Pro Tern Johnson and Councilmember Dauber NOES: Mayor Tryon ABSTAIN: Councilmembers Hubbard and Siegel tbrJuly 1, 1992 Regular Meeting 8 9.2 Fire on Blandor Way Dauber commented on the recent fire on Blandor Way and the problem with wrought iron fencing. In her opinion Council should look into this as it was a serious safety situation in that people could not get out because of the fencing. 9.3 Composites of Homes Tryon noted that staff had provided pictures of a home at 14850 Manuella (a Bob Owen home) which had also had the computer composite done for it. She noted it was interesting to see the comparison. 9.4 Swimming Pool Fencing Hubbard noted that the Safety Committee had made a recommendation that the Town change the ordinances to include fencing around pools. It was noted that this would be included on the next agenda as part of the discussion of the 1991 Uniform Building Code. 10. CLOSED SESSION 10.1. Pending Litigation -- Government Code Section 54956.9(a) a) Ben-Artzi vs. Town b) McGowen vs. Town 10.2. Decision Whether to Initiate Litigation -- Government Code Section 54956.9(c) This item was moved to the end of the agenda. 11. PRESENTATIONS FROM THE FLOOR 12. PUBLIC HEARINGS 12.1 Appeal of Planning Commission's Denial of Request for a Variance to the Maximum Development Area Limitation of the Zoning Code and a Site Development Permit for a Swimming Pool, Lands of Tuttle, 13660 Golden Hill Court July 1, 1992 Regular Meeting 9 Mr. Tuttle, applicant, referred to the Town Planner's staff report dated July I, 1992 which in part addressed the development area allowed on the property. He did not agree with the Planner's figures which stated that he was requesting an additional 1,354 square feet when in fact he was asking for 1,240 square feet. Mr. Tuttle agreed that the allowed maximum development area was exceed by 3,891 square feet but he pointed out that the allowed development area was different when he built his home in 1985 and at that time he was of the understanding that he had another 1,600 square feet of development area available to built a modest pool. Mr. Tuttle stated that he had built the house in good faith and according to the guidelines at the time. Since then staff had advised him that he would be able to have a small pool. Mr. Tuttle further commented that he had maintained the natural vegetation but had no outdoor living area on the property. Soren Johnson, 13600 Golden Hills Court, and Elaine Yen, 13638 Golden Hills Court, supported the Tuttle's request for a pool. Dot Schreiner, 14301 Saddle Mountain Drive, commented that many residents found themselves in a situation of having the Town rules change. Council expressed their sympathy for Mr. Tuttle but stated that the rules law changed and they could not make the findings for this variance request. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to uphold the Planning Commission's denial of a variance to exceed the maximum development area and of a site development permit for a swimming pool for Lands of Tuttle, 13660 Golden Hill Court, subject to the findings proposed by the Planning Commission. 12.2 Request for a Site Development Permit for a New Residence, Lands of Young, 27840 Saddle Court Aaron Green, applicant's architect, noted that they had attempted to comply with the Town's regulations and address the neighbors' concerns. He apologized if he had offended anyone at the Planning Commission Meeting. It was a one-story project; had an earth color roof; was not on a 10Ir July 1, 1992 Regular Meeting 10 ridge line; and the drainage issue had been addressed by the soils engineer and the Town Engineer. In addition he addressed the master landscaping plan which included the placement of trees for privacy. Mr. Green also explained the impact of the proposed house on the neighbors, the Andersons, and commented on the placement of the Anderson's house on their property. He noted that they had gone through the site analyis process and he understood that they were using all of the allowed development area. He did point out that it had not been made clear to him that the ordinances indicated the maximums allowed but not necessarily what would be allowed. He had believed they were working within the Town's regulations for the project. Drew Anderson, 27820 Saddle Court, commented that the proposed house was a lovely design but it was much larger than the other homes in the neighborhood. She presented slides to show the impact of this development on her home and noted that they were trying to work with the applicant on this project. Dr. Robert Anderson, 27820 Saddle Court, also presented slides to show the view of this house from their living room and to show that the proposed house sat high on the property and needed to be lowered into the ground. Dr. Anderson addressed the issue of ridgelines and the impact on the neighborhood. He suggested that the Youngs move their house around %It on the site which would result in a less negative impact on their property. Eric Bredo, 13820 Page Mill, commented on the visual impact of the property, the proposed maximum use of the allowed development area and the drainage issue, particularly the drainage impact on Moon Lane. He did not believe they could rely on tree planting. Ramona Chown, 13822 Page Mill, noted that the project was silhouetted on the ridgeline and stated that her major concern was drainage. A dissipator had been approved on Moon Lane by a former Council but it was not effective. When it rained in Town, Moon Lane flooded. David Ewald, 13830 Page Mill, stated that he was especially concerned about drainage. With the Wilson and the Schwartz subdivisions having gone in, drainage was a serious issue. He believed they needed a sewer line and would be willing to help pay for it. July 1, 1992 Regular Meeting 11 Jack Smith, 27860 Saddle Court, believed it was a well designed house but it had a bulky appearance. It was using the maximum development area allowed and there was no room left for expansion in the future. Dot Schreiner, 14301 Saddle Mountain, believed this was a statement home and that it was much larger than the other houses in the neighborhood. It was a very visible home which is why she did not think it was advisable to allow the use of the maximum allowed development area. Mrs. Schreiner also questioned that all future owners would understand and accept the fact that no future develoment was allowed on this lot. Mary van Tamelen, 23570 Camino Hermoso, commented on designers working with applicants who love the Town and want to move in. Not all houses were the same and the Town did not have architectural control. However, over the years the Town's ordinances had been changed to address the issue of bulk. Regarding the Young application, van Tamelen stated her support of this project. It had gone through the site analysis process and fit into the environment. However, although the design was good, it had a negative impact on the neighbors and this was a concern. Also drainage was an issue and the using all of the allowed development area was a serious problem. Harry Hicks, Portola Valley, stated that he had been a developer and a builder for 40 years. He suggested that the Young house be pivoted and shifted on the lot thereby lessening the impact on the Andersons. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to go past the 11:00 p. m. hour of adjournment. Council discussed several options concerning this project such as the applicant sharing the driveway with the neighbor; an agreement being signed for future owners stating that no variances for this lot would be approved; and the placement of a retaining wall. Tryon pointed out that if the house was moved, the driveway would have to be lengthened and the applicant was already at the maximum allowed development area. Tryon further noted that the Council should not attempt to micro manage a complex project. She believed it was an excellent proposal (horizontal, earth tones, etc.) but the allowed numbers for development needed to be reduced. Siegel believed the project was too big and had too much of a negative birsc July 1, 1992 Regular Meeting 12 impact on the Andersons. Hubbard noted that whatever house was put on the lot would have an impact on the Andersons. Dauber stated two concerns: impact on the Andersons and use of maximum allowed development area. She recommended scaling down the project and using the neighbors' driveway. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed by the following roll call vote to continue the request for a site development permit for a new residence for Lands of Young at 27840 Saddle Court to the August 19, 1992 City Council Meeting. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber and Siegel NOES: Mayor Tryon and Hubbard 12.3 Approval of FY 1992-93 Operating and Project Budget and Adoption of Appropriations Limit -- Reso # Siegel raised the issue of the recommended 4.5% cost of living increase for staff in view of the impact of the State budget decisions on the Town. He suggested waiting until the State made a decision before granting this raise. Hubbard agreed with Siegel's concerns but Johnson and Tryon did not agree that the cost of living increases should not be included in the budget. Dauber suggested giving 2.5% now with the other 2% to be decided upon after the State makes its decision. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously to approve a 2.5% cost of living raise at this time, retroactive to July 1, 1992, and to consider an additional 2% cost of living after the State makes its decision - possibly the August 19th meeting. If an additional cost of living raise is approved it will be retroactive to July 1, 1992. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #29-92 adopting the budget for fiscal year 1992-93 and adopting the appropriations limit of $2,055,637.00. 12.4 Adoption of Palo Alto Sewer Service Charge Final Report and Authorizing Transmittal to the Santa Clara County Assessor's Office -- Reso # July I, 1992 Regular Meeting 13 Johnson stepped down from consideration of this item. Mr. Jim Abraham, 12831 Viscaino Road, stated that he did not agree with the proposed increase for those in the Palo Alto Sewer Basin. There had been a large increase a few years ago and he did not understand why those in the Palo Alto Basin paid so much more than those in the Los Altos Basin. Mr. Abraham questioned the estimated expenses for preventative maintenance and administrative charges. The Director of Public Works explained the distribution of the crew's time over several funds and also stated that the rate structures between Los Altos and Palo Alto were very different because of the way the lines were maintained. Philip Dauber, Chairman - Finance Committee, noted that the issue of the Los Altos Sewer Basin being underreserved had been raised several years ago but no action had been taken to correct this situation. He also pointed out there there was some confusion between the budget figure ($81,000) and the figure in the staff report ($38,000) for the reserves for future sewer replacement (Palo Alto Basin). Council closed the public hearing on this issue and asked staff to explain the financial questions raised at the next Council Meeting. PASSED BY CONSENSUS: To continue this item to the July 15, 1992 City Council meeting. 12. CLOSED SESSION 10.1. Pending Litigation -- Government Code Section 54956.9(a) a) Ben-Artzi vs. Town b) McGowen vs. Town 10.2. Decision Whether to Initiate Litigation -- Government Code Section 54956.9(c) The City Council adjourned to a Closed Session for purposes of pending litigation and a decision whether to initiate litigation at 12:15 a.m and reconvened at 1:00 a.m. July 1, 1992 Regular Meeting 14 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 1:00 a.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the July 1, 1992 Regular City Council Meeting were approved at the July 15, 1992 Regular City Council Meeting. klboiJuly 1, 1992 Regular Meeting 15