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HomeMy WebLinkAbout12/18/1991 (2) Minutes of a Regular Meeting December 18, 1991 Town of Los Altos Hills City Council Meeting Wednesday, December 18, 1991, 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, and Tryon Absent: Councilmember Siegel Staff: City Manager Les Jones, II; City Attorney Sandy Sloan; former Director of Public Works Bill Ekern; Engineering Consultant Jeff Peterson; Town Planner Linda Niles and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Pathways, Recreation and Parks Committee Dot Schreiner, Chairman - Pathways Recreation and Parks Committee, noted that Mrs. Muriel Knudsen had been unable to attend this meeting due to a previous conflict. She had spoken with Mrs. Knudsen however about the committee and Mrs. Knudsen had a good background and experience for this committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to appoint Mrs. Muriel Knudsen to the Pathways, Recreation and Parks Committee for a term of two years. 3. PLANNING COMMISSION REPORT Planning Commissioner A. Richard Jones reported that at the December 11th Planning Commission Meeting the Lands of Becker's request for a site development permit for a new residence and swimming pool was approved and the request for a site development permit for a new residence for Lands of Ahrens was continued. December 18, 1991 Regular Meeting 1 Tryon asked Commissioner Jones to see that the draft Planning Commission Minutes reflect the fact that she abstained from the Council vote on Lands of Oshima. 4. CONSENT CALENDAR Items Removed: 4.1 - 11/6 and 11/20 minutes (Tryon), 11/19 minutes (Planning Commissioner A. Richard Jones) and 4.6a) (Tryon) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: December 5, 1991 4.2 Approved Warrants: $39,118.91 (11/27/91) 4.3 Approved Agreement for Santa Clara County Abandoned Vehicle Abatement Service Authority -- Reso #61-91 4.4 Approved First Amendment to Countywide Household Hazardous Waste Collection Agreement -- Reso #62-91 thr 4.5 Ordered and Called a General Municipal Election to be held in the Town on June 2, 1992; requested the services of the Registrar of Voters; requested consolidation of elections and specified certain policies and procedures for the consolidated election; and provided for giving notice of the election -- Reso #63-91 Items Removed: 4.1 Approval of Minutes: November 6, 1991 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the minutes of the November 6, 1991 Regular Meeting with the following corrections: page 15, first paragraph should read: "A. Richard Jones, 12660 LaCresta Drive, questioned the arguments raised in Johnson's report and made three specific points. First, any government function which is not a user fee function involves a cross subsidy; second when you are talking about these cross subsidies it is better to consider how much the subsidizers each spend instead of how much the subsidizees each get; and third Mr. Jones stated he was happy to spend as much as he spends on this. He did not think this was a lot of money." and page 15, Item 11.7, first paragraph, second sentence should read: "It was a canyon with one lane roads." December 18, 1991 Regular Meeting 2 4.1 Approval of Minutes: November 19, 1991 Special Meeting A. Richard Jones, 12660 La Cresta Drive, noted that the minutes reflected the questions which were asked by those present but he believed they should also include more detailed information on the answers which were given. Council stated that they thought the minutes as drafted appropriately reflected the discussions which took place on the 19th. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to approve the minutes of the November 19, 1991 Special City Council Meeting. 4.1 Approval of Minutes: November 20, 1991 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the minutes of the November 20, 1991 Regular City Council Meeting with the following correction: page 9, Item 11.2, first paragraph, add the following sentence: "Tryon stated her belief that establishing zoning overlays for any reason definitely changed the zoning of the Town." 4.6 Consideration of Whether To Review the following Planning (�. Commission Action at Its Meeting on December II, 1991: 4.6a Lands of Becker, 14290 Saddle Mountain Road, request for a site development permit for a new residence and swimming pool Council requested review of the Planning Commission's approval of a request for a site development permit for a new residence and swimming pool for Lands of Becker, 14290 Saddle Mountain Road. Mr. Becker, applicant, questioned the timing of the appeal process and asked if this appeal exhausted the administrative remedies regarding his application. The City Attorney responded positively. 5. PRESENTATIONS FROM THE FLOOR Edwina Comiso, Chairman - Joint Volunteer Awards Committee, noted that they would be having their final wrap-up meeting in the near future and requested that the Council make appointments to this committee at their January meeting. Presently appointments were made in the Fall and since the event was held in November/December this did not work out very well. Also December 18, 1991 Regular Meeting 3 the terms of several members from the Town were expiring. Johnson commented that when this matter was scheduled for a Council meeting he had comments on the procedures followed by the committee. Council agreed that that these appointments would be scheduled for the January 15th meeting and the newspapers would be asked to run articles noticing these committee vacancies. 6. PUBLIC HEARINGS 6.1 Request for Approval of a Conditional Exception and Approval of a Tentative Map for a Two-Lot Subdivision, Lands of Merrill, 25355 La Loma Drive Garth Pickett, applicant's attorney, referred to his letter to the Council dated 12/16/91 in which he requests the Council deny the Merrill application without prejudice. The letter also notes that his clients waive the time limit set forth in the Subdivision Map Act and request a 90-day extension of time under the Permit Streamlining Act as found in Government Code Section 65957. Mr. Pickett noted that his clients were in the process of successfully negotiating a non-exclusive ingress and egress easement across the neighboring property so that the easement road could be moved outside the building circle. The neighbors were out of Town but it was hoped this could be resolved after the first of the year. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to deny without prejudice the request for approval of a conditional exception and approval of a tentative map for a two-lot subdivision for Lands of Merrill, 25355 La Loma Drive, to note that this application will come back directly to Council and there will be no additional fees imposed. 6.2 Request for Approval of a Site Development Permit for a New Residence, Tennis Court and Swimming Pool, Land of Ben-Artzi, 27800 Via Feliz Council had before them the Director of Public Works report which included the recommendation that the Ben-Artzi request for a site development permit for a new residence, tennis court and swimming pool at 27800 Via Feliz be denied as the new plans retained the vertical elements of the previous project and Councilmembers had indicated at an earlier meeting that this was not an appropriate site for a two story house. Bob Owen, applicant's developer, referred to the revised plans and explained the differences between the proposed houses. The elevation of the house December 18, 1991 Regular Meeting 4 had been changed (lowered two feet) and the new house had less of a box look (widened by approximately twenty feet). Tryon noted that she had a message from Jan Fenwick (28011 Elena) and although Mrs. Fenwick was unable to attend this meeting due to illness, she still had several concerns about the Ben-Artzi project. Mr. Ben-Artzi, applicant, explained that he was not going to repeat the information that had been presented at November 6, 1991 City Council Meeting. He did have a slide presentation prepared, however, which he wanted to present to the Council at this time. Most of the slides were a naked eye view, but for some he used different sized zooms. The slides addressed the issue of exposure of the house on IS280. Mr. Ben-Artzi showed slides of houses that could presently be seen off IS280 and slides of what his house would look like from IS280. He stressed that the whole east side of the property was secluded by oak trees approximately 27' tall and the new house which would be 23' would be behind the trees. He stated that only on one 100 foot stretch of highway would one be able to see the proposed house. Mr. Ben-Artzi also commented on the issue of where and what is a hilltop and presented slides of what his house would look like from different sites such as LaCresta, Middle Fork. Other slides showed views from the Ben-Artzi lot and homes in the area to indicate ` the character of the neighborhood. Mr. Ben-Artzi further commented on ir the issue of whether or not the house had a three-story exposure. To address this Mr. Ben-Artzi made a presentation on the scientific measure of the line of the site. He referred to the lower terrace which created an angle by which there was a line of sight at which one could see the lower floor of the basement and therefore created the impression of a three story house. Mr. Ben-Artzi elaborated on why scientifically this did not result in a three story house. Mr. Owen, applicant's developer, stated that he believed the house conformed to the Town's General Plan, was within the allowed development area and would be an asset to the neighborhood. He believed the house would not be obtrusive especially with the landscaping they had planned and that the concerns of the neighbors would be met by the mitigating measures they had proposed. Brigita Sitins, 27693 Lupine Road, stated that she had lived in the neighborhood for twenty-five years and was concerned about the Ben- Artzi project. She believed it was a very grand mass that did not belong on top of a hill and approval of this project would set a precedent for the neighborhood. She commented on the visual impact on her property and the Deans' property (which Mr. Ben-Artzi did not show slides of) and kar December 18, 1991 Regular Meeting 5 stated that she viewed this property from all but two rooms of her house, and so the height of the structure would impact her view. Mrs. Silins also commented on the removal of trees from the Ben-Artzi property and the ineffectiveness of requiring landscaping as it was often not put in after a project was approved. June Dean, 27677 Lupine Road, stated her concerns about the Ben-Artzi project. She saw still a massive, obtrusive, three-story home on a hillside that would have a significant negative impact on her property. She showed pictures of the Ben-Artzi property from her land and the Silins property and noted the impact on the neighborhood of the trees that had already been removed from the Ben-Artzi project. The pictures showed today's low level one-story home and she believed you could not possibly put a two-story home there and mitigate the view. Young Kim, 27830 Via Feliz, commented that he believed the good neighbor policy was important but he had concerns about the applicant's attitude. It appeared he believed he could do whatever he wanted with his property and Mr. Kim did not agree with this approach. Mr. Kim also noted a conversation he had had with Mr. Ben-Artzi about an antenna on his property for which Mr. Kim noted he had received the appropriate permits. There seemed to be a difference of opinion between Mr. Young and Mr. Ben-Artzi over the conditions, covenants and restrictions and the deed restrictions of the subdivision concerning this antenna. Dot Schreiner, 14301 Saddle Mountain Drive, stated that the slides presented by Mr. Ben-Artzi were misleading. The Ben-Artzi site was very visible now and would be even more so when the house was built. The house was definitely on a hilltop. The eucalyptus trees did not shield the proposed house which she believed was two and one half stories, with three sets of windows visible. Theresa McDaniel, Chairman - Environmental Design and Protection Committee, noted that the purpose of the Town ordinances was to get away from stacked houses because when a house sits on a hillside and then another house sits on a hillside, that is the problem - you lose the distance between them. She believed the proposed Ben-Artzi project was a large massive house on a hillside. Mrs. McDaniel referred to the Fenwick house and believed it was very well designed. It was "of the hill" not "on it". She further did not believe that the proposed oaks were going to mitigate the project. Brigita Silins, 27693 Lupine Road, concurred with Mrs. McDaniel's comments. She too had no objection to the Fenwick house and thought it was December 18, 1991 Regular Meeting 6 architecturally beautiful. Mrs. Silins stated that there were many factors to IIW take into consideration when reviewing a project. Peter Shaw, applicant's landscape architect, stated that what makes a difference is the integrity of site planning, the landscape design and the height of the structures. Carol Gottlieb, 24290 Summerhill, stated that the purpose of the new Site Development Ordinance was to not allow houses with three-story facades. From what she had seen, she believed the Ben-Artzi house was three-story on one side. Mrs. Gottlieb noted that the house should fit in with the land, and if it doesn't, no landscaping will hide the house. Sharyn Adkisson, 27673 Lupine Road, commented that Mr. Ben-Artzi had removed all of the eucalyptus trees and she did not understand how he could do this. Peter Shaw, applicant's landscape architect, commented on the screening planned for the property. He stated that at least twelve oaks were going to be planted and within two or three years they would be almost solid. He stated that he was an expert at environmental design, had done landscaping for all types of homes and could prove that native screening would be solid. Mr. Shaw believed the 25' to 30' tall oak trees would be a mitigating factor for the Ben-Artzi project. Bob Owen, applicant's developer, stated that they had removed the trees they were supposed to and none others. June Dean, 27677 Lupine Road, stated that there were two trees in front of the property which were supposed to be removed but five were removed. Mr. Ben-Artzi, applicant, responded to several of the comments made. Regarding the eucalyptus trees he said they had to be taken out because they were a fire hazard. He had received warnings from his attorney and insurance company. He was willing to include all mitigation measures as conditions of approval and believed that the 27' high oak trees provided adequate mitigation on the east side of the property. Mr. Ben-Artzi stated that his number one priority was privacy and seclusion. blur December 18, 1991 Regular Meeting 7 Hubbard referred to the impact of the house on the view from certain areas. He was concerned about the preservation of the ridgeline and believed it should be a one story house. Johnson referenced the section of the code on siting and stated that in his opinion there were two problems: the fact that this was a ridgeline and the fact that it should be a one story house. The proposed house appeared to be a three story house and did not meet the intent of the Town's Code or General Plan. Casey believed the house could not be more appropriately sited. The applicant had lowered the house to 23' and a 23' two story house would be the same as a 23' one story house. Casey further commented that she believed the neighbors did not like the architecture and the size of the home and also noted that the Fenwick's house was a three story house. She believed if Council wanted to make these decisions they should have architectural control and change the ordinances. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to approve a site development permit for a new residence, tennis Court and swimming pool for Land of Ben-Artzi, 27800 Via Feliz., MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to tentatively deny ` without prejudice the request for a site development permit for a new IW residence, tennis Court and swimming pool for Land of Ben-Artzi, 27800 Via Feliz and to direct the Planner to return at the January 15, 1992 Council Meeting with a statement of specific findings for the denial. AYES: Mayor Hubbard and Councilmembers Johnson and Tryon NOES: Councilmember Casey ABSENT: Councilmember Siegel Douglas Aikins, applicant's attorney, asked for a clarification of the vote to deny "without prejudice" and asked if that meant all administrative remedies had been exhausted. The City Attorney responded positively. 6.3 Request for a Variance to the Fence Height/Setback Requirements of the Zoning Code, Lands of Forward, 10575 Blandor Way Council had received a letter from the applicant, Dr. Forward, stating that she was unable to attend the meeting and also stating that she did not find the recommendations made at the November 20th Council Meeting acceptable. December 18, 1991 Regular Meeting 8 Johnson noted that the requested application was for a fence around the 41100 property but it would not go across the creek. In his opinion this did not make any sense as it would not enclose her property and keep animals in and people out. Dr. Forward should be building the fence on her side of the property to accomplish these goals. Dr. Peter Schubart, 24624 Olive Tree Lane, reiterated his concerns about Dr. Forward's request. In the first place the fence was started without permit. Additionally, he did not undertstand why the request for a fence was being made; it would not keep animals in or people out. He asked why Dr. Forward just didn't plant a screen if she wanted to identify her property. If a fence was permitted, Dr. Schubart believed it should not be chain link, the posts should be painted and the fence should be unobtrusive. A. Richard Jones, Planning Commissioner, stated that when this was discussed at the Planning Commission meeting, Dr. Forward had stated she wanted a fence around the entire perimeter of her property and also noted that Dr. Forward had apparently not understood the easement issue on her property. MOTION SECONDED AND FAILED: Moved by Hubbard, seconded by Tryon and failed by the following roll call vote to approve with conditions the request for a variance to the fence height/setback requirements of the Zoning Code for Lands of Forward, 10575 Blandor Way. AYES: Mayor Hubbard and Councilmember Casey NOES: Mayor Pro Tern Tryon and Councilmember Johnson ABSENT: Councilmemer Siegel Tryon stated that she did not vote in favor of this request for a variance because the applicant, although she had submitted a letter, had not been present at the Council Meeting to answer questions and concerns raised by the Council and a neighbor regarding her application. 7. UNFINISHED BUSINESS 8. NEW BUSINESS 8.1 Request for Action on Regional Governance Issues Council commented on the statement of Town Policy made at the September 18, 1991 Council Meeting on the issue of a regional form of government for the San Francisco Bay Area. At that meeting Council stated that the primary position of the Town concerning the formation of a regional form December 18, 1991 Regular Meeting 9 of government was that if such a regional agency was formed it should have proportional representation and should be comprised of all elected officials. Council further encouraged the Santa Clara County Cities Association to hold a convention of all Santa Clara County City and County officials to discuss the issue of regional government. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to strongly state opposition to Senate Bill 797 creating a Bay Area Regional Government; to further state support for regional planning and working with organizations on regional issues but not support of another layer of government. It was further stated that the Mayor would send a letter to Senator Morgan stating this Council action and a copy would be sent to the Santa Clara County Cities Association. 8.2 Ordinance # amending Title 5 of Chapter 7 of the Los Altos Hills Municipal Code Regulating Hours of Construction (FIRST READING) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to waive further reading. Council discussed the holidays which were included in the ordinance. Casey reiterated her comments from the last meeting that 'public holidays' on which construction work was not allowed in the Town should include the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Tryon supported including Veteran's Day. MOTION SECONDED AND FAILED: Moved by Hubbard,seconded by Casey and failed by the following roll call vote to amend the ordinance regulating hours of construction in the Town to include the following public holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. AYES: Mayor Hubbard and Councilmember Casey NOES: Mayor Pro Tem Tryon and Councilmember Johnson ABSENT: Councilmember Siegel MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and carried by the following roll call vote to amend the ordinance regulating hours of construction in the Town to include the following public holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. December 18, 1991 Regular Meeting 10 AYES: Mayor Hubbard and Councilmembers Casey and Johnson 11610 NOES: Mayor Pro Tern Tryon ABSENT: Councilmember Siegel MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by all members present to introduce ordinance amending Title 5 of Chapter 7 of the Los Altos Hills Municipal Code Regulating Hours of Construction as amended. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Council Sub-Committee (Siegel and Tryon) on Planning Issues Hubbard commented that he had received a call from someone who had drawn up plans for a project in Town only to find out that the Town does not allow eaves in the setbacks. Tryon also noted that she had spoken with someone and she suggested they write a letter which they did not do. Hubbard suggested that since this sub-committee had several issues to address it might be possible to take them one at a time and to take the issue of eaves first. Tryon stated that she would ask Siegel for his comments on this suggestion. %kv 10. STAFF REPORTS 10.1 City Manager 10.1.1 Adjustments to City Council, Planning Commission and Committee Compensation Council had before them the City Manager's staff report dated 12/18/91 which noted that in July 1991 the IRS had issued a directive which changed the status of the expense allowances earned by Councilmembers, Commissioners and certain Committeemembers. Per this directive, as of July 1, 1991 these forms of compensation became subject to deductions from FICA and this amounted to a 7.65% deduction from the gross amount. The staff report includes the following options for implementation until June 1992: 1) Establish all compensation ($150, $50 and $20) as "salary"; 2) Reduce the compensation by the required amount of FICA as required by the IRS Circular; and 3) Allow City Council members to apply for and be reimbursed for actual and necessary expenses incurred in the performance of official duties per Government Code Section 36514.5. December 18, 1991 Regular Meeting 11 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to adopt the staff recommendations as follow: 1) Establish all compensation ($150, $50 and $20) as "salary"; 2) Reduce the compensation by the required amount of FICA as required by the IRS Circular; and 3) Allow City Council members to apply for and be reimbursed for actual and necessary expenses incurred in the performance of official duties per Government Code Section 36514.5. In addition a limitation of $150 will be placed on reimbursement of monthy expenses and the City Manager shall prepare a policy statement on what expenses shall be reimbursed. The City Manager thanked Bill Ekern for attending this Council Meeting, wished him well at the San Jose Redevelopment Agency and welcomed the new Town Planner, Linda Niles. 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence Council agreed that the Mayor would send a letter to Dr. Frank Martin honoring his good works in the community. 11. COUNCIL-INITIATED ITEMS 11.1 Draft Paratransit Plan for Santa Clara County - request for comments (Plan available at Town Hall for review.) -- Mayor Pro Tern Tryon Tryon asked Councilmembers to let her know if they had any comments on the Draft Paratransit Plan for Santa Clara County. Tryon also thanked Bill Ekern for attending the meeting and wished everyone a Merry Christmas. 11.2 Cable TV and Los Altos Garbage Contract Hubbard noted that there were some outstanding issues regarding cable tv and the contract with the Los Altos Garbage Company. He suggested appointing sub-committees of the Council to work with the City Manager on these issues. Council discussed this approach and decided to not to make these appointments at this time. December 18, 1991 Regular Meeting 12 11.3 November 19, 1991 Special City Council Meeting Hubbard reminded Councilmembers to let him know if they had any comments from the November 19th Special Meeting on what the Town could learn from the Oakland fire. 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 11:05 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the December 18, 1991 Regular City Council Meeting were approved at the February 19, 1992 Regular City Council Meeting. December 18, 1991 Regular Meeting 13