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HomeMy WebLinkAbout09/16/1999 Minutes of a Regular Meeting September 16, 1999 Town of Los Altos Hills City Council Regular Meeting Thursday, September 16, 1999, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Dauber called the Regular Meeting of the City Council to order at 6:10 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Finn, Johnson and Siegel Absent: None Staff: City Manager William Norton, City Attorney Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Leslie Martin, Los Altos Town Crier • 2. APPOINTMENTS AND PRESENTATIONS Dauber noted that the Town had received a Certificate of Achievement from the Integrated Waste Management Board for successfully implementing the programs necessary to achieve the first waste diversion milestone established by AB939 towards the"50 percent by 2000" statewide waste reduction mandate. 3. PLANNING COMMISSION REPORT The Planning Director reported on the following applications discussed at the 9/8/99 Planning Commission Meeting: Lands of Vameghi, 25705 O'Keefe Lane: approved request for a site development permit for a new residence and an attached garage; and Lands of Dykes and Calderon, 12200 Kate Drive: approved request for a site development permit for a new residence including attached garage. Casey referred to the Lands of Kerns and asked that their request for a site development permit for the lower lot on their property be agendized for the October 21" Council Meeting. Council agreed this request should be in writing from the applicants. Council discussed scheduling a Joint Meeting with the Planning Commission and it was agreed the Planning Director would ask the Planning Commission if they were available for an early meeting before the October 21" Council Meeting. • September 16, 1999 Regular City Council Meeting 1 • 4. CONSENT CALENDAR Item Removed: 4.1 —Minutes of Regular Meeting (Casey) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: September 2, 1999 (Adjourned Regular) September 2, 1999 (Special Meeting 4.2 Reviewed Warrants: $65,344.37 (8/24/99 -- 9/8/99) 4.3 Approved Site Development Permit(Fast-Track) for new residence with attached garage at 13944 Fremont Pines Lane, Lands of Vellequette 4.4 Approved execution of City Manager Employment Agreement--Reso#53-99 4.5 Authorized the City Attorney's Office to send a letter expressing opposition to LAFCO's proposal for indemnification agreement on CEQA matters Item Removed: 4.1 Approval of Minutes: September 2, 1999 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed • unanimously to approve the minutes of the September 2, 1999 Regular City Council Meeting with the following corrections: page 3,Item 4.1 the motion should read: ". . . . . .page 2, Item 3, insert the following after the third paragraph: Dauber stated that she could not believe there were issues that could affect Councilmembers such as a house next door and you could not speak on it. . . . ."; and page 6, last paragraph, correct Jim Abraham's comments to the following: "Jim Abraham, 12831 Viscaino Road, agreed that a Planning Commissioner should be above question and suggested this matter go to an arbitrator." the new er, Mark Miller, whose contract Council welcomedCit y Mana g t had been approved on the Consent Calendar and who was in attendance at this meeting. Mark Miller thanked the Council and noted that he was looking forward to working with them as the Town's City Manager. 5. UNFINISHED BUSINESS 5.1 Introduction of Ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way (FIRST READING) Council noted that maps would be included with these agreements and users would be identified. The length of time for such agreements was also discussed and it was agreed to change the time from five to ten years but to also direct staff to report on what other cities did for such agreements and report at the next Council Meeting. • September 16, 1999 Regular City Council Meeting 2 • Bob Fenwick and Evan Wythe, members of the Utility and Information Systems Committee, commented on the impact of such agreements. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to waive further reading and introduce an ordinance enabling the Town to provide for reimbursement agreements for sewer main extensions in the public right of way with the extension of the reimbursement agreements to ten years from five. 11.1 Report on Development Fees (this item is continued to the 10/21/99 Council Meeting) 6. NEW BUSINESS 6.1 Lands of LeFevre, Eshner Court and Silent Hills Lane a.) Request for a Lot Line Adjustment b) Request.to relocate path to east side of Eshner Court Tom LeFevre, applicant, addressed the lot line adjustment requests. He noted that he personally was most interested in lot#2 which was one of the reasons for the request. In addition,this was not an attempt to create additional development area. In fact it reduced it. The conservation easements would also be retained. On the issue of whether they were adjacent, he noted that Lots 2 and 4 touched at the top of Eshner Court. Concerning the path,they were requesting the Town to allow the roadside path to be relocated to the east side of Eshner Court to avoid some • construction complications on the west side near Altamont Road. Shelley LeFevre, applicant, further explained the neighbor's gate and trellis as well as the utility pole was in the path right of way. Relocating the path would be a much better alternative. Also since it was the neighbors' gate and trellis in the right of way she did not understand why they should be required to incur the cost of engineering their path to go around them. Rebecca Chan, 27150 Julietta Lane, commented that she agreed with the path relocation but suggested that it start past her gate and trellis. She also asked Mr. LeFevre to remove concrete slabs that were piled near her property. Mrs. Chan further noted a utility pole was in her view and questioned whether or not it would be removed. Les Earnest, member of the Pathways Parks and Recreation Committee, noted that this path location was different than the one reviewed by the Planning Commission or the Pathways Parks and Recreation Committee. He stated the opinion that the west side was the preferred side for the path. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to deny the request to relocate the pathway to the east side of Eshner Court and to keep it on the west side beginning past the utility box. Staff referred to the lot line adjustment request and noted that there were actually two. The Planning Commission had recommended approval of the proposed lot line adjustment between Lot 4 of the Eshner Court parcel map and Parcel l of the Silent Hills Lane parcel map. The Commission recommended denial of the lot line adjustment between Lots 2 and 4 of the Eshner Court parcel map. The Commission based this denial on the awkward configuration of the connection • September 16, 1999 Regular City Council Meeting 3 • between Lot 2 and the conservation easement. The Commission reasoned that such a connection was not consistent with the Town's Zoning Code, as it provided additional development area and floor area for Lot 2 without a concurrent increase in buildable area on the lot(the strip connecting to the conservation easement was not buildable). Gary Cleary, 26410 Silent Hills Lane, stated his opposition to the lot line adjustment between Lots 2, 4 and the conservation easement. He felt this was unusual and unnecessary. In addition he did not believe that this lot line adjustment was in compliance with the Town's Zoning Laws nor in compliance with the State Government Code as it related to the Subdivision Map Act. Mr. Cleary continued that this lot line adjustment was not adjacent to the parcels involved and questioned the real purpose for this narrow connector. Jeffrey Widman, real estate attorney for the Clearys, asked if this lot line adjustment would have been approved at the time of the tentative map approval and thought not. He reiterated that this lot line adjustment was not in conformance with the Town's Zoning Laws nor the Subdivision Map Act. Nobuko Cleary, 26410 Silent Hills Lane, noted that the Planning Commission had reviewed this lot line adjustment request and denied it. She also submitted a petition signed by 58 neighbors opposing the `stringbean' shape of the lot line adjustment. They stated in the petition that they wanted to keep the conservation easement as open space, free of buildings and structures. The following spoke against the lot line adjustment between Lots 2 and 4 of the Eshner Court parcel map: Helen Kupka, 27319 Julietta Lane; Robert Fenwick, 28011 Elena; Lynn Miller, • 27320 Julietta Lane;Nicholas Dunkel, 12171 Cortez Court; Leo Quilici, 27350 Julietta Lane; and Richard Harapat, 27360 Julietta Lane. They emphasized that this lot line adjustment would negatively affect the conservation easement and had no purpose. Harry Price, attorney for the LeFevres, stated that the Town had limited inquiries which could be made as far as lot line adjustments were concerned. He specifically referred to conformance to zoning and building ordinances. Mr. Price stated that this lot line adjustment had no impact on the neighbors, did not create non-conforming lots, did not eliminate the conservation easement nor attempt to change it to development area. Stephen Pahl, attorney for the Clearys, referred to his letter dated 8/19/99 to the Town on this application. He briefly outlined the historical background of the original Eshner estate and subsequent subdivisions. Addressing this specific lot line adjustment, Mr. Pahl stated that it was not in compliance with the Town's zoning ordinances and had no purpose. He further emphasized the importance of preserving the conservation easement. The City Attorney referred to the Government Code Section of the State Subdivision Map Act and what options were available to the Town regarding lot line adjustments. She stated that Council had to determine if these lots were adjacent and whether or not this request was in compliance with the Town's Zoning Ordinances. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the lot line adjustment request between Lot 4 of the Eshner Court parcel map and Parcel 2 of the Silent Hills Lane parcel map and to deny the lot line adjustment request between Lots 2 and 4 of the Eshner Court parcel map. September 16, 1999 Regular City Council Meeting 4 Councilmembers stated that they did not believe the second lot line adjustment request was in compliance with the Town's zoning ordinances because it would create an odd shaped lot that was poor planning. The Council (except for Councilmember Casey) also found that the lots were not adjacent. Council further stated that they would not approve this `stringbean lot' and this request would not have been approved at the time of tentative map application. Council further recommended that staff prepare an ordinance addressing the issues of lot line adjustments. 6.2 Report on condition of Town Hall Buildings Siegel recommended that a subcommittee be formed to review this report on the condition of Town Hall buildings including related costs and options. Finn believed this also'included review of how they Town planned on conducting business in the future including systems planning and procedures study. PASSED BY CONSENSUS: Council agreed that each one of them would appoint a Town resident to serve on a Town Hall Building Committee. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Joint Volunteer Awards Committee Membership Johnson reported that two more volunteers from the Town were needed for this committee. In addition the Los Altos City Council had not concurred with the Town's recommendation on changes to the By-Laws concerning membership and Johnson stated he would be submitting • another proposal for consideration. 7.2 Utility and Information Systems Committee 7.2.1 Presentation on televising City Council and Planning Commission Meetings This item was continued to the next Council Meeting. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence PASSED BY CONSENSUS: To appoint Roy Woolsey, Chairman of the Community Relations Committee to the Land Use Subcommittee. 9. COUNCIL-INITIATED ITEMS 11.1 Request that Solid Waste Subcommittee review driveway rates and lids on recycling containers (Mayor Dauber) • September 16, 1999 Regular City Council Meeting 5 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to request the solid waste subcommittee to review driveway rates and lids on recycling containers. 10. PRESENTATIONS FROM THE FLOOR Jim Abraham, 12831 Viscaino Road, commented on the Pacific Bell lines in Town and asked Council to urge them to clean up their overloaded cables. He believed the telecommunications infrastructure in Town was important and suggested that undergrounding utilities should ultimately save the Town money. Mr. Abraham also requested speed limit signs and speed limit enforcement on Viscaino. He stated that speeding was really a problem in that area. Council asked the City Manager to have the radar truck record the speeds so problem areas could be documented. Ray Inglin, 27855 Moody Road, recommended that the ordinances be strengthened concerning owners rights regarding the grading of easements. Council suggested he send a letter outlining his concerns. Betsy Bertram, 11854 Page Mill Road, addressed the Council with her concerns about the September 2nd Council Meeting and the discussion of Charles Wong remaining on the Planning Commission. Mrs. Bertram did not think this was appropriate. 11. PUBLIC HEARINGS 11.1 Discussion of the Town's requirements for limiting the exterior color of new homes • and roofs Council addressed the issue of the following standard condition of approval for projects concerning the color policy: "Paint colors shall be chosen by the applicant and approved by staff in conformance with the Town's adopted color board, and shall exhibit a light reflectivity value of 50 or less. Roofs shall use materials which have a light reflectivity value of 40 or less. White trim area should be minimized, particularly on large surfaces such as doors, columns,railings and trellises. A color sample shall be submitted to the Planning Department for approval prior to painting of the exterior of the residence. All applicable structures shall be painted in conformance with the approved color(s)prior to final inspection." Dot Schreiner, 14301 Saddle Mountain Drive, commented on the reflectivity value and the color samples on the current color board. She noted that most communities do regulate colors and she believed the color board did work. Mrs. Schreiner recommended a timeframe of five years for landscaping and that historical homes be exempted. She also believed the issue of glossy sheen reflectivity needed to be addressed. Bob Stutz, 25310 Elena, commented that the color board was designed to use softer earth tone colors. Marjorie Evans, 14511 DeBell Drive, addressed the issue of reflectivity and urged Council not to allow a higher reflectivity value. The following addressed the Council in support of the color board: Carol Grable, 14520 Miranda; Richard McAulay, 27501 Elena; Dave Ewald, 13830 Page Mill Road; Valerie Chown, 13822 Page Mill Road; Betsy Bertram, 11854 Page Mill Road; Fred Osterlund, 26238 Fremont • September 16, 1999 Regular City Council Meeting 6 • Road; Carol Gottlieb, 24290 Summerhill; Tim Chown, 13822 Page Mill Road; Ramona Chown, 13822 Page Mill Road; Harry Emerzian 11670 Dawson Drive; and Jan Fenwick, 28011 Elena Road. They commented on the importance of homes blending in with the surroundings and concurred the five year landscape period was good. Valerie Chown also commented that reflectivity of roofing materials was really important as this would not be mitigated by landscaping. The following residents who addressed the Council were not in support of the color board: Valerie Stitt, 25703 Lomita Linda; John Gorman, 24004 Oak Knoll Circle; Kathleen Weiler, 26089 Fremont Road; and Cyrous Gheyri, 27400 Elena.- They believed the color board was too restrictive and the majority of the colors rather dark. In addition they cautioned against over regulation of a highly subjective area. The comment was also made that it was unfair to impose this only on new residents. Casey reported that of the written correspondence received on this issue ten said the color board was not necessary, thirteen said to retain it,two commented on reflectivity and three said to expand the color board. Johnson referred to the color policy in place but did not believe in reality it was working very well. He suggested considering a policy allowing for screened lots to not have to adhere to the color board and he also suggested directing staff to do a wide range search of colors with 50 percent reflectivity. Johnson was not in favor of increasing the reflectivity value. Casey noted that 90 percent of the homes in Town were not covered by the color board and the colors of these homes was not a major problem in the Town. She further noted that the intent of the color board • was to be used for highly visible homes; however, it was imposed on all new homes. Siegel commented that the reflectivity standards were based on scientific theories. He also noted that the color of roofs was an important issue and the Town should control the colors of new roofs as well as re-roofs. Dauber suggested that the current color policy be reinterpreted and restated. Finn believed less government was better and referred to the original intent of the color policy;- MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to direct staff to research a wide range of colors with a 50 percent reflectivity. In addition staff was directed to select homes in the Town with different reflectivity values (40%, 50% and 60%) so that Council could see what the different levels looked like. 11.2 Request for a modification to an approved Site Development Permit regarding exterior color, Lands of Weiler, 26089 Fremont Road Mr. and Mrs. Weiler, applicants, addressed the Council concerning the color of their house. They noted that their house was single story,had a stone front and had mature landscaping. They had understood from staff that the color they wanted was an acceptable color and they had not painted their home an unacceptable color on purpose. The Weilers commented that they had full support from their neighbors and asked for support from the Council. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to approve a modification to an approved Site Development Permit regarding exterior color for Lands of Weiler, 26089 Fremont Road. AYES: Mayor Pro Tem Finn and Councilmembers Casey, Johnson and Siegel NOES: Mayor Dauber • September 16, 1999 Regular City Council Meeting 7 Dauber stated that she did not vote for this modification because she believed all applicants carefully read their conditions of approval and knew what was expected of them. 11.3 Request for a Site Development Permit for a new residence, Lands of Wythe/Vitu, 13828 Moon Lane Dauber stated that she had appealed this approval of a site development permit by the Planning Commission because she had received phone calls from neighbors who were not in agreement with the approval. Glenn Cahoon, applicant's architect, explained the project before Council. He noted that it was within the Town's ordinances and guidelines with no variances being requested. The house was within the height limits and under the allowed maximum development area and maximum floor area. The house was not encroaching in any setbacks and was well screened. The following addressed the Council expressing their concerns about this site development permit: Sally and David Ewald, 13830 Page Mill Road; Valerie, Tim and Ramona Chown, 13822 Page Mill Road; and Dot Schreiner, 14301 Saddle Mountain Road. They did not believe this house fit into the neighborhood nor did it comply with the Town's ordinances and guidelines. They commented that this house would dominate the natural landscape and would tower over other neighboring homes. Tim Chown also referred to a letter sent by Eric Bredo, 13820 Page Mill Road, which concurred with their comments. Sandra Humphries, 26238 Fremont Road, referred to the trees on the property and noted that several of them did not appear on the plans. She urged that the trees not be removed. • Cyrous Gheyri, 27400 Elena, stated his support of this project. He believed the architect had done an excellent job. Janet Vitu, applicant, stated that they were keeping as many trees as possible. She noted that they believed they had a flat pad and their home would be screened and not visible. Evan Wythe, applicant, also commented that the majority of the house was on cut not fill. Bruce Chan, applicant's landscape architect, addressed the issue of what trees would be impacted by requiring the house to be lowered four feet. He noted that a two foot lowering was problematic but could work. Finn noted that the landscaping in a few years would screen the house and saving the trees was most important. Dauber stated that the siting of the house pad should be on natural grade. This house was too big for the site and artificial pads should not be accepted on slopes. Siegel concurred with Dauber. This was a flat land house on a hillside. Johnson believed the strongest characteristic was the landscaping and added screening. If this house was moved down hill it would not do anything but make it more prominent. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to approve the request for a site development permit for a new residence, Lands of Wythe/Vitu, 13828 Moon Lane with the change to condition of approval#1 that the house be lowered two feet not four. AYES: Mayor Pro Tem Finn and Councilmembers Casey and Johnson NOES: Mayor Dauber and Councilmember Siegel • September 16, 1999 Regular City Council Meeting 8 • 12. ADJOURNMENT Council thanked Bill Norton for serving the Town as Acting City Manager. There being no further new or old business to discuss,the City Council Meeting was adjourned at 12:10 a.m. es ect�fully submitted, Patricia Dowd City Clerk The minutes of the September 16, 1999 Regular City Council Meeting were approved at the October 7, 1999 Regular City Council Meeting. • • September 16, 1999 Regular City Council Meeting 9