Loading...
HomeMy WebLinkAbout10/18/2001 Minutes of a Regular Meeting October 18, 2001 Town of Los Altos Hills City Council Regular Meeting Thursday, October 18, 2001, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Cheng, Fenwick, Finn and O'Malley Absent: None Staff: City Manager Maureen Cassingham, City Attorney Sandy Sloan, Planning Director Carl Cahill, City Engineer/Public Works Director Mintze Cheng, Assistant Planner Angelica • Herrera and City Clerk Pat Dowd, Press: Liz Cloutman, Los Altos Town Crier Casey announced the City Council's support of President Bush's suggestion that every child in the United States send a $1.00 donation to the children in Afghanistan. Casey asked that the children in Los Altos Hills also participate in this program and send their donation to Town Hall to the attention of the America's Fund for Afghan Children. The donations would.then-be sent on to the White House from Town Hall as a show of support for this worthwhile effort. Casey further announced that she had received a Presidential Appointment and would be serving in Washington, D. C. as the Director of Intergovernmental Affairs for the Small Business Administration. She would be also be continuing to serve on the City Council. PASSED BY CONSENSUS: To move Item 6.3 on the agenda (award of contract for consulting services for geotechnical services)to the Consent Calendar. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Interviews and Appointments to North County Library Authority October 18, 2001 Regular City Council Meeting 1 It was noted that both Elayne Dauber and Dottie Harrison-Brown had completed their terms on the North County Library Authority. Elayne Dauber did not wish to be considered for reappointment. Dottie Harrison-Brown did wish to be considered for reappointment. Councilmember Cheng stated her interest in serving on this committee. MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by O'Malley and passed unanimously to appoint Emily Cheng and reappoint Dottie Harrison-Brown to the North County Library Authority, each for four year terms. 2.2 Interviews and Appointments to Town Committees: Pathways Committee and Environmental Design and Protection Committee Council had received eight applications for the one vacancy on the Pathways Committee. Jon Craig, 12910 Cortez Lane, stated that he wanted to become more involved in the community and he had the time to serve on this committee. He noted that he favored property rights but also felt the path system in Town was very important. Les Earnest, 12769 Dianne Drive, noted that he continued to work with the Pathways Committee although he was not a member and he further commented that several of the projects that he had worked on as a former member of the County Trails Committee were now completed. Mr. Earnest reiterated his interest in serving on this committee. Mahmoud Kamanger, 24300 Summerhill Avenue, commented that he had been a resident in the Town for about three years. He had attended some of the committee meetings and noted his interest in serving on the Pathways Committee. He wanted to help with the path system in Town. DuBose Montgomery, 27464 Altamont Road, believed that the paths were a unique and special heritage of Los Altos Hills and he wanted to help on the long-range capital plan for keeping this path system. Concerning his opinion on.the off road path system he suggested that residents be given an opportunity to object to an off road path on their property but exceptions be allowed for emergency access, etc. John Mordo, 27963 Vogue Court, noted that they had lived in Town for only three months and he wanted to get involved in the community. He believed this committee was an interesting one and would be a good way to get to know his neighbors. Mr. Mordo suggested that off road paths be decided on a case by case basis. • October 18, 2001 Regular City Council Meeting 2 Carol Savary, 27297 Byrne Park Lane noted that she was a two year resident in • Yrn � Y the Town and wanted to become more involved in the community. She thought it was particularly important to maintain the current path system. Linley Lyman, 13770 Wildflower, and Carl Silverman, 13332 Lenox Way, were note present. Mr. Silverman had indicated his interest in both the Pathways Committee and the Environmental Design and Protection Committee. Council thanked all those who had applied for this committee. They noted that since there was only one opening on this committee, the applicants were encouraged to apply for other committees. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Fenwick and passed unanimously to appoint DuBose Montgomery to the Pathways Committee for a four year term. Council had received two applications for four vacancies on the Environmental Design and Protection Committee. In addition Sandra Humphries had indicated her interest in being considered for reappointment to this committee. Lysbeth Goodman, 11989 Rhus Ridge Road, commented on her interest in - gardening and her interest in serving on this committee. • Sharyn Brown, Chairman of the Environmental Design and Protection Committee, reminded Council that it was .important that applicants for this committee be available during the day to go on site visits, etc. MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by O'Malley and passed unanimously to appoint Lysbeth Goodman and Carl Silverman to the Environmental Design and Protection Committee each_ for four year terms. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Fenwick and passed unanimously to reappoint Sandra Humphries to the Environmental Design and Protection Committee for a four year term. 3. PLANNING COMMISSION REPORT The Planning Director reported on the following applications discussed at the 10/11/01 Planning Commission Meeting: Lands of Hickman, 26500 Purissima: request for a site development permit for a 1,000 square foot secondary dwelling unit — approved; Lands of Santa Clara Valley Water District: request for an easement over Edith Park for environmental mitigation purposes, S.E. corner of Fremont Road and W. Edith Avenue — recommended approval; and Lands of Goese, 13640 Burke Road: request for a variance to allow an encroachment of patios and landings in property setbacks—continued. • October 18, 2001 Regular City Council Meeting 3 4. CONSENT CALENDAR Item Removed: 4.8 (Mayor Casey) MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Fenwick and passed unanimously to approve the balance of the Consent Calendar specifically: 4.1 Approved Minutes: September 6, 2001 (Regular Meeting) September 20, 2001 (Regular Meeting) 4.2 Approved Warrants: $718,672.75 (9/l/01 - 10/10/01) 4.3 Concurred with Fast Track Application approved by the Planning Director: Lands of Loh, 26870 Taaffe Road: site development permit for a new residence 4.4 Concurred with Fast Track Application approved by the Planning Director: Lands of McCreary, 23750 Ravensbury Avenue: site development permit for a new residence 4.5 Approved amendment to contract with Wilsey Ham for engineering consulting services—Reso #67-01 4.6 Approved contract authorizing Mark Thomas & Company to provide engineering consulting services for the Tracy Court Bridge Replacement Project—Reso#68-01 4.7 Authorized City Manager to call for bids for approved CIP projects—Reso #69-01 4.9 Awarded contract for consulting geotechnical services— Reso#70-01 Item Removed: 4.8 Dedication of right-of-way and grant of pathway easement, Lands of Mendez, 27581 Elena Road—Resolutions# Casey removed this item from the Consent Calendar and asked that it be agendized for additional review. s October 18, 2001 Regular City Council Meeting 4 5. UNFINISHED BUSINESS 5.1 Approval of three-way stop signs at Dawson Drive and Rebecca Lane— Reso #_ MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Fenwick and passed unanimously to adopt Resolution #71-01 approving and authorizing installation of three-way stop signs at the intersection of Dawson Drive and Rebecca Lane and to direct staff to look into the possibility of an additional stop sign at this location. 5.2 Report on customer satisfaction surveys regarding fast-track review process and site development permits The Planning Director noted that customer satisfaction surveys were being sent to all recipients of planning permits issued as of 9/1/01. He had provided Council with copies of the responses and the program appeared to be well received. He . would continue to update Council on this program. Council thanked the Planning Director for his implementation of this program. 5.3 Update on Mayor's Goals • Break ground for a new Town Hall funded by resident donations. • This item was being discussed at the 10/18/01 Council Meeting. • Complete the building and planning fee study and revise fees in accordance with State law. Maximus,the consultant conducting the fee study,will complete their work in January/February 2002 for consideration by Council with the mid-year budget. • Implement a Resident Customer Satisfaction Survey Program. Report given by the Planning Director at the 10/18/01 Council Meeting. Program in place. • Complete an analysis of all Town codes, policies and ordinances for consistency,relevance and conformance with the General Plan. The Committee was working on their analysis and a report would be forthcoming to the Council. October 18, 2001 Regular City Council Meeting 5 • Have broadband internet access available to all residents According to an update received from PacBall everyone in Town (except for a section off Page Mill Road) should have DSL capability by the end of the first quarter in 2002. • Adopt and implement a town pathway policy which includes a specific five-year program for the new construction of along side the road paths and a plan which improves the maintenance and materials of current town pathways. Staff is in the process of preparing an inventory of all paths in Town—on and off-road. • Complete the review of setbacks and height limits and revise town ordinances accordingly. These issues are currently being reviewed by the Planning Commission. • Continue to explore alternatives to underground all utilities in Los Altos Hills. Report will be given at the 10/18/01 Council Meeting. • Adopt a plan for the highest and best use of town property for all town residents. (Los Altos Hills owns 27 parcels totaling 168.04 acres of unused and/or underutilized property.) According to Charlene Geers, American Title Company has offered to do the title reports on the Town properties at no charge to the Town. • Approve a five-year capital spending budget to assure the infrastructure of the Town is sound. Completed An additional goal was added: • Joint Meeting of the City Council and Planning Commission A Joint Meeting of the City Council and Planning Commission has been scheduled for Thursday, December 6`h at 6:00 p.m. This meeting will be a Study Session to review planning issues. October 18 2001 Regular City Council Meeting 6 • Dot Schreiner, 14301 Saddle Mountain Drive, suggested adding another goal: General Plan Update with citizen input. 5.4 Approval of letter to residents concerning emails for emergency notifications The City Attorney noted that if the notifications were for emergency situations only the information could be kept confidential. She further noted that the letter should be sent from the City Manager and not the City Council. PASSED BY CONSENSUS: To send a letter to all residents from the City Manager requesting voluntary submittal of emails and fax numbers for emergency notifications from the Town. 6. NEW BUSINESS 6.1 Request from Little League to have extra parking for Opening Day PASSED BY CONSENSUS: To grant the Little League's request for extra parking at their opening day ceremonies in 2002. 6.2 Discussion and approval of space design concept for the new Town Hall Casey noted that she and Mayor Pro Tem Fenwick were continuing their discussions with John Goldman, Goldman Architects, on the Town Hall Project. All Councilmembers now had copies of his recent submittal which showed approximately 7,600 square feet for the new Town Hall. John Goldman, Goldman Architects, referred to the document he had submitted as a result of his meetings with Council, Planning Commission, staff and volunteers. He also noted that the 7,600 figure did not include circulation areas. Council discussed this proposed concept and thought it was too large for a new Town Hall. They commented on current spaces and projected plans and agreed that an appropriate range would be 6,500 to 6,800 square feet including circulation areas. PASSED BY CONSENSUS: To approve a space design concept for the new Town Hall in the 6,500 to 6,800 square foot range including circulation areas and to direct Goldman Architects to bring back diagrams and designs for the new Town Hall within these perameters. 6.2 Award of contract for consulting geotechnical services—Reso # October 18, 2001 Regular City Council Meeting 7 • This item was moved to the consent calendar. 6.4 Adoption of Ordinance amending Chapter 5 (Flood Damage Protection) of Title 7 (Public Works) of the Los Altos Hills Municipal Code regarding Flood Damage Protection (SECOND READING) MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Finn and passed unanimously to adopt Ordinance #416 amending Chapter 5 (Flood Damage Protection) of Title 7 (Public Works) of the Los Altos Hills Municipal Code regarding Flood Damage Protection 6.5 Adoption of Ordinance regarding regular.;,City Council Meetings (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously to adopt Ordinance #417 regarding regular City Council meetings. 6.6 Report on issues related to Undergrounding Utilities At the request of Council the City Attorney had prepared a report on working with PG&E and the PUC on undergrounding utilities and also on the formation of an assessment district. She noted that because of the current situation with PG&E the Town would need to do the work of underground utilities. Toward this end the Town would need to negotiate with PG&E and the PUC to agree to the undergrounding. The City Attorney further noted that it might be possible for the town to underground utilities and own them itself but have PG&E maintain them. In that case,the Town should negotiate a lower rate for the distribution system with PG&E so that in return for owning the facilities less expensive rates would be available. The City Attorney recommended that Don Maynor, an experienced municipal utility attorney, be retained by the Town to proceed with these discussions with PG&E and the PUC. Concerning paying for the undergrounding and the possible formation of an assessment district the City Attorney noted that when capital improvements are financed by bonds property owners may not defer payment to when their property was sold. Such a district would need to be financed by an outside source. Amir Rosenbaum, Chairman of the Utility & Information Systems Committee, commented on bonds secured by property value, municipal bonds, cost of construction, and structure of the deal. He believed the funding was available but first PG&E needed to be asked if we could do it. October 18, 2001 Regular City Council Meeting 8 PASSED BY CONSENSUS: To direct the City Attorney to arrange a meeting with PG&E including the Mayor Pro Tem Fenwick, Councilmember O'Malley, the City Manager, Amir Rosenbaum and the City Attorney to discuss these options and to to authorize retaining Don Maynor at a cost not to exceed $1,000 for a preliminary look at these options and their feasibility. 6.7 Proposed Resolution to repeal Design Review Guidelines, exterior colors of structures and fence policy and Site Development Policy Statement— Reso # The Planning Director referred to his staff report in which he noted that the Council had directed staff to review the report from the Municipal Code and Policy Review Committee (submitted at the 9/20/01 Council Meeting) and develop a prioritized list for reviewing various design guidelines and development policies and incorporating relevant portions into the Zoning and Site Development Code. The following is a list, in descending order of priority, of the design guidelines and policies that will be reviewed by the Planning Commission: exterior colors of structures and fence policy; conservation easements; grading policy; driveway design; architectural features and neighborhood compatibility; siting and high site visibility; fences and walls and entry gates and columns; lighting policy; development area and tennis/sport courts, driveways and impervious surfaces policy; landscaping; and site development policy statement. In the meantime the recommendation was to repeal the use of the design guidelines, the exterior colors • of structures and fence policy and the site development policy statement in that they are rather ambiguous and in some cases not consistent with the Town's Codes. Dot Schreiner, 14301 Saddle Mountain Drive, commented that the four goals of the Design Guidelines were taken from the General Plan: Retain and enhance the open natural atmosphere of Los Altos Hills; Design your home to fit the site and to be unobtrusive in the neighborhood; Design your house to minimize the appearance of bulk; and Design for your needs,the needs of the Town and those of your neighbors. Carol Gottlieb, 24290 Summerhill, commented that the design guidelines were referred to in the Town's Codes. She also suggested that the guidelines be revised not repealed. Jim Steiner, 14195 Wild Plum, concurred with Carol Gottlieb's comments. He noted that the purpose of the design guidelines was to have a user friendly document. Ginger Summit, 13390 Lenox Way, commented that a vacuum will occur between the repeal of the design guidelines and the completion of the committee review. October 18 2001 Regular City Council Meeting 9 Evan Wythe, Municipal Code and Policy Review Committee, stated that they intended to rewrite the design guidelines to be in conformance with the Town's Code and the General Plan would be clearly followed during this review period. He also noted that they believed the design guidelines was very helpful in the planning/building process and simply wanted to clarify its contents. Sandra Humphries, 26238 Fremont Road, asked if the rules in place needed to be followed or could someone go back and change something previously approved. She was advised that one could not go back and change the rules for the time of their approval. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Fenwick and passed unanimously to adopt Resolution #72-01 repealing the design review guidelines, the site development policy statement and the policy on exterior colors of structures. 6.8 Establishment of an Emergency Communications Committee Council had received a proposed list of charges for an emergency communications committee. Scott Overstreet had reported that mailings had gone to the ham radio operators in Town, a meeting had been held and several potential members of this committee had been identified. The charges before Council outlined the • responsibilities of this committee and once approved would be incorporated in the resolution on committees. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Fenwick and passed unanimously to approve the establishment of an Emergency Communications Committee with Scott Overstreet named the initial chairman and Fenwick named the Council liaison. 6.9 Establishment of the Information and Safety Committee (combination of the Safety and Utility&Information Systems Committees) Amir Rosenbaum, Chairman of the Utility and Information Systems Committee, commented that their committee had completed their charges regarding undergrounding utilities and now that issue was with Council. Their committee had not been meeting therefore on a regular basis. He did note that a common area of interest between the two committees was that of dissemination of information in an emergency situation. Scott Overstreet, member of the Safety Committee, commented that they did not see the benefit of merging the two committees. The Safety Committee worked on issues such as stop signs,bicycle issues and neighborhood safety programs. • October 18, 2001 Regular City Council Meeting 10 Casey thought this combination of committees would be a blending of talent and expertise that would result in a new way of thinking. MOTION SECONDED AND CARRIED: Moved by Fenwick, seconded by Finn and passed unanimously to establish an Information and Safety Committee and to direct Amir Rosenbaum to act as Chairman and arrange an organizational meeting of the committee. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Report on Town resolution on standing committees—Reso# PASSED BY CONSENSUS: To approve the following changes to the Town's resolution on committees: delete section 3.e. on assigning Planning Commissioners to certain committees; Section 5.d.ii.d change to read: to meet with the City Manager or her designee to render advice on pathway activities, priorities and necessary maintenance as necessary; Section 5.d.ii.e change to read: to communicate to residents the concepts and locations of paths and trails in Town as approved by the Town Council; and Section 5.e.ii.a — add "and adults". Council further noted that committees should let the City Manager know in advance if staff representation was needed at certain meetings. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously to approve the recommended changes to the resolution on committees and to agree to defer adoption of this resolution to include charges for the newly established Emergency Communications Committee and Information and Safety Committee. 7.2 COPS Funding Recommendations—Safety Committee Council had before them recommendations from the Safety Committee for the COPS funds which were available from the State for certain safety related projects. MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by Fenwick and passed unanimously to approve the following recommended uses for the COPS (Citizen Option for Public Safety) funds as proposed by the Safety Committee: hire a public safety officer ($57,000 per year), replacement of street name signs ($1,250); and purchase alarm system for Heritage House ($2,500). The total estimated expenditure of the available COPS funds is $60,750. 7.3 Joint Volunteer Awards Committee • October 18, 2001 Regular City Council Meeting 11 Fenwick noted that the Volunteer Luncheon was scheduled for November 30th and letters had gone out requesting nominations. 7.4 Community Relations Committee Fenwick reported that the Community Relations Committee had met on 10/16/01 and discussed plans for next year's Town Picnic as well as another Newcomers' Party. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.2.1 Report on Bicycle Laws The City Attorney referred to her report which included addressing the issue of single-file bicycle riding. Vehicle Code Section 21202(a) implied that bicyclists going less than the speed of vehicular traffic should proceed furthest to the right in a single-file manner. However, this section did not require or mandate single file riding all the time. Officers however patrolling in the jurisdictions of Cupertino and Saratoga have enforced a single file riding requirement under Vehicle Code Section 21202(a). The City Attorney concluded that while the Council could not mandate single file bicycle riding in the Town, it could encourage single file riding by encouraging the deputy patrolling in the Town to make citations under Vehicle Code 21202(a) where appropriate. Mr. Ed Dunn, Chief of the Foothill DeAnza Police Department, introduced himself to the Council and noted that he was looking forward to working with them. He concurred with the City Attorney's comments on single file bicycle riding in the Town. In addition, for Council's information he noted that Foothill College was about to start a major building project which should take about four years. There would be impacts on traffic which they would work to minimize. Council thanked Mr. Dunn for his comments and welcomed him to the Foothill DeAnza College Community. Council also asked that Chief Dennis Bacon of the Sheriffs Department be invited to the next Council Meeting to comment on this bicycle issue. 8.3 City Clerk 8.3.1 Report on Council Correspondence • October 18 2001 Regular City Council Meeting 12 9. COUNCIL-INITIATED ITEMS • 9.1 Statement condemning hate related incidents and crimes (Mayor Casey) Casey read a letter the Council had received from the National Association of Letter Carriers. In this letter they stated their concern for the growing number of hate related incidents and crimes throughout the country. In view of this they requested Council to make an outspoken statement of condemnation and committed prosecution of all acts perpetuated due to race or ethnic reasons. On behalf of the City Council, Casey stated their support of the concerns raised by the National Association of Letter Carriers and urged all residents of the Town to strongly condemn any and all acts perpetuated due to race or ethnic reasons. 10. PRESENTATIONS FROM THE FLOOR Dot Schreiner, 14301 Saddle Mountain, expressed her concerns about the General Plan update. She noted that this issue had been continued for the results of the Municipal Code and Policy Review Committee. Mrs. Schreiner questioned this approach noting that updates of general plans should have a large amount of citizen input and participation and she did not see this happening. Roy Woolsey, 26649 Snell Lane, raised the issue again of his neighbor's air conditioning unit and the negative impact this has had on his property because of the noise. Mr. Woolsey noted that in August of 2000 the neighbor had written a letter stating that he would build a sound wall around his air conditioner to mitigate the noise. To date this has not been done. Mr. Woolsey believed the Town's review and approval process was flawed to allow this piece of equipment. He further stated that the noise was loud enough to interrupt their enjoyment of their deck and property and certainly as loud as the rooster which had been recently been an issue in Town. Mr. Woolsey reminded Council that in that case they had taken the comments of the neighbors into account and after attempts to resolve the issue ultimately directed the owners of the rooster to remove it from the property. Mr. Woolsey asked Council to please help him get this issue resolved. 11. PUBLIC HEARINGS 11.1 Request for a variance to exceed the maximum fence height of six feet, Lands of Kruep, 27466 Sunrise Farm Road Casey stated that she had appealed the Planning Commission's denial of this variance based on the merits of the case. She noted that at the 9/13/01 meeting there had been only three commissioners present and the Chairman had not realized that he was in a position to cancel the meeting because of the September 11th events which caused travel difficulties and other disturbances. Furthermore, Chairman Wong noted that he had not been able to visit the property. Casey stated • October 18, 2001 Regular City Council Meeting 13 that the fence on the Kreup property was legal with the exception of the posts. The variance request was for a trellis which would block the barbed wire fence next door. Casey further noted that this barbed wire fence had been in place for about thirty years and Council had no authority to require its removal. Mr. Kreup, applicant, commented that he was sorry they all had to be participants in this situation. He noted that he and his wife had made several improvements to the property including removing old structures, enhancing the view, undergrounding the utilities, siting the house to fit in and building it well below the allowed maximum development area. The fence they had in place was there with permit and was contoured to fit the land so it was not even six feet in all places. They were asking for a variance to put in a trellis to block the barbed wire fence next door and the posts to allow for this trellis had been left on the fence pending the Council's decision . He noted it was much easier to cut them off if they did not get the variance rather than trying to add them on. Mr. Kreup stated that they would definitely protect the view corridor and were willing to work toward a modification of this request to everyone's satisfaction. Mrs. Kreup, applicant, reinforced her husband's comments and also stated her concerns for the safety of their children around the barbed wire fence. Paul Simon, 12271 Windsor Court, suggested mediation between the involved parties and taking down the barbed wire fence. • John Metcalfe, 12933 Tripoli Court, did not support a variance for a fence over six feet and also commented on the barbed wire fence issue. Sandra Humphries, member of the Environmental Design and Protection Committee, believed the problem resulted from allowing encroachments into setbacks. By doing this there was no longer any room for landscaping to mitigate such structures as the barbed wire fence. Mr. and Mrs. Sasaki, 12922 Tripoli Court, explained to the Council their reasons for opposing this variance. They believed it was an erosion of the Town's ordinances and negatively affected the atmosphere of their neighborhood. Mrs. Sasaki noted that this variance had been denied at the Planning Commission by all three Commissioners present. She further referred to the mailing they had done to over three hundred residents and they submitted letters and petitions from those opposing this variance. She believed that neighbors and community feelings do count when discussing this issue. In response to an inquiry from Casey as to why the Sasakis did not get a variance for the fence on their property, Mrs. Sasaki responded that because they were replacing an existing fence they did not know they needed one. When they found out they did, they immediately applied for a permit. October 18 2001 Regular City Council Meeting 14 Steve Grimes, applicant's contractor, stated that the proposed fence was not to designed to block the view but to block the barbed wire fence. Brian Gilbert, 12930 Tripoli Court, stated that his mother was the owner of the property with the barbed wire fence and they did not intend to remove it. The neighbors knew about it before they moved in and he felt that people needed to be responsible for their actions. He did however support the variance request as did his mother. Mr. Gilbert pointed out that the information given in the letter sent by Mr. and Mrs. Sasaki that the Gilberts had signed an agreement with the Kreups was totally untrue and in addition his mother was perfectly capable of making her own decisions. DuBose Montgomery, 27464 Altamont Road, stated that he supported the variance request. Duncan MacMillan, 27345 Natoma, commented that aesthetics were in the eye of the beholder. He personally would like to see the barbed wire fence removed. He also commented that if a councilmember obviously felt strongly one way or the other about an application maybe they should step aside. I Dot Schreiner, 14301 Saddle Mountain, noted that two variances were being requested, one for the trellis and one to encroach into the setback. She also noted that Council would need to make findings for approval and staff had only made • findings for denial. Mr. Kreup played a tape from the last Planning Commission Meeting of John Miller's comments. Mr. Miller, 27462 Sunrise Farm Road, was unable attend this meeting. Mr. Miller stated his support of the variance request. Evan Wythe; Chairman of the Muncipal Code and Policy Review Committee, stated that their committee was going to be reviewing the fence policy. Denise Williams, 25462 Altamont, stated that she thought the variance was unnecessary. Stephen Pahl, attorney for Mr. and Mrs. Sasaki, stated that it was required that findings be made for approving a variance. In this case he questioned that the property was unique and also stated that the intent of the ordinances was not supported by this variance. Finn and Casey stated that they could make the findings for allowing this variance. It was a unique situation with the barbed wire fence next door and six foot fences were certainly allowed and in many locations in Town. Cheng, Fenwick and O'Malley stated that they could not make the findings for allowing this variance. All Councilmembers stated that this was an issue which they wished the neighbors • could have worked out themselves. October 18, 2001 Regular City Council Meeting 15 MOTION SECONDED AND FAILED: Moved by Finn, seconded by Casey and failed by the following roll call vote to approve the request for a variance to exceed the maximum fence height of six feet by eight inches, Lands of Kruep, 27466 Sunrise Farm Road based on the fact that the same variance had been given to the neighbors at 12930 Tripoli Court thirty years ago. AYES: Mayor Casey and Councilmember Finn NOES: Mayor Pro Tem Fenwick and Councilmembers Cheng and O'Malley Casey asked the Susaki's to provide a list of names they mailed to regarding this variance issue. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:55 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the October 18, 2001 Regular City Council Meeting were approved at the November 1, 2001 Regular City Council Meeting. October 18, 2001 Regular City Council Meeting 16