HomeMy WebLinkAbout01/20/1999 Minutes of a Regular Meeting
January 20, 1999
Town of Los Altos Hills
City Council Regular Meeting
Wednesday, January 20, 1999, 6:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER AND ROLL CALL
Mayor Johnson called the Regular Meeting of the City Council to order at 6:00 p.m. in
the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Casey, Dauber, Finn and
Siegel
Absent: None
Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy
Sloan, Planning Director Curtis Williams and City Clerk Pat Dowd
Press: Carol Tiegs, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
• 2.1 Appointment to Pathways Recreation and Parks Committee
Council had before them one application for the Pathways Recreation and Parks Committee.
There were three vacancies on this committee.
Ginger Summit, 13390 Lenox Way, expressed her interest in serving on the Pathways Recreation
and Parks Committee. She noted they had lived in the Town for 30 years and she believed the
pathways were important and that the off-road paths were an integral part of the Town.
Regarding recommendations concerning off-road paths, Mrs. Summit stated that she would look
at the entire path system rather than individual paths as each situation was different.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed by
the following roll call vote to appoint Ginger Summit to the Pathways Recreation and Parks
Committee for a two-year term.
AYES: Mayor Johnson and Councilmembers Dauber and Siegel
ABSTAIN: Councilmembers Casey and Finn
Casey commented that Mrs. Summit's views were contrary to the platform she had run on in the
November election. Casey believed the maintenance of the current pathway system was an
important issue. However, she was encouraged by the statement that Mrs. Summit would look at
each situation on its own merit.
2.2 Appointment to Los Altos Library Commission
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Council had before them two applications for appointment to the Los Altos Library Commission.
• There was one vacancy.
Barbara Lamparter, 12864 Viscaino Road, expressed her interest in the Los Altos Library
Commission. She had had experience in the library system and would appreciate the opportunity
to pursue this interest.
Barbara Vetterlein, 26035 Todd Lane, commented that she was a strong supporter of the library
system and would appreciate the opportunity to enhance this asset in the community.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed by
the following roll call vote to appoint Barbara Lamparter to the Los Altos Library Commission
for a four-year term.
AYES: Councilmembers Casey, Finn and Siegel
NOES: Mayor Johnson and Councilmember Dauber
3. PLANNING COMMISSION REPORT
The Planning Director reported that the following applications were discussed at the January 13,
1999 Planning Commission Meeting: Lands of Denny and Ventura, 25400 and 25398 La Loma
Drive: approved request for a lot line adjustment; Lands of St.Nicholas School, 12816 El Monte
Avenue: request for a Site Development Permit and an amendment to a conditional use permit
for additions of 3,688 square feet for a science classroom, expanded daycare and restrooms with
a maximum height of 17'9" and a negative declaration- sent directly to Council for public
hearing due to lack of a quorum; Lands of Doerfler and Pao, 27636 and 27600 Briones Court:
approved request for a lot line adjustment; Lands of Yeh,24055 Jabil Lane: approved request for
• a site development permit for the addition of a 2,638 square foot basement to an approved new
residence; Lands of Srinivasan, 27835 Lupine Road: approved request for a site development
permit for a 5,311 square foot new residence (maximum height 27 feet) including an attached
three-car garage; and Lands of Denny, 25400 La Loma Drive: recommended approval of a two
lot subdivision of 4.48 acres and a proposed negative declaration.
Casey asked that the Lands of Srinivasan on Lupine be scheduled for Council review at the next
Council Meeting.
Siegel asked for a report on Planning Commission attendance for the last six months. Johnson
noted that he had already done such a report and he would send copies to the Councilmembers.
4. CONSENT CALENDAR
Items Removed: 4.1 (Dauber)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed
unanimously to approve the balance of the Consent Calendar, specifically:
4.2 Accepted Saddle Court- Berry Hill Court Storm Drain Project, Stoloski &
Gonzalez, Inc. —Reso#2-99
4.3 Accepted Ascension Drive Storm Drain Replacement Project, WSP
Trucking Company,Inc.—Reso#3-99
4.4 Introduced Ordinance amending the Emergency Services Code
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Item Removed:
4.1 Approval of Minutes: January 6, 1999 (Adjourned Regular Meeting)
January 6, 1999 (Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Finn and passed
unanimously to approve the minutes of the January 6, 1999 Adjourned Regular Meeting with the
following correction: Item B. second paragraph, second sentence should read "Council also
concurred that it was quite helpful to have a Town Greeter at the meetings and agreed that this
effort should continue at the discretion of the committee.".
Mr. Fallah, 12374 Priscilla Lane, stated that he did not agree with the wording of his statements
at the January 6`"meeting. He had actually said that he wanted condition#7 deleted and the
sewer issue dealt with separately.
MOTION SECONDED AND CARRIED: Moved by Y Dauber, seconded b Finn and passed
unanimously to approve the minutes of the January 6, 1999 Regular Meeting with the following
corrections: page 6, Item 9.2, second sentence should read: "Staff confirmed that the Town was
ready to start testing."; page 6, change Mr. Fallah's statement to read as follows: "Mr. Fallah,
12374 Priscilla Lane, reported that in September of 1998 he had received approval of a minor
addition on this house. One of the conditions of approval for this permit required that a
sewer plan prepared by a registered civil engineer for the extension of the sewer main from the
existing manhole be approved by the City Engineer prior to acceptance of plans for building plan
check. Mr. Fallah asked that this condition be deleted and the sewer issue be addressed separately
from the building permit. In response to Casey's request that this matter be agendized for
discussion, Council agreed that the City Manager would provide them with a report and if, after
reading it,they wanted to agendize the matter they could let him know."; page 8, Item 11.1, last
• _ paragraph, last sentence, change the word'increase'to 'improve'; page 8, Item 11.2, add the
following statement: "Dauber complimented Mr. Willig on the design he presented for a
landscape screening plan."; and page 8, Item 11.3, add the following statement after Mr.
Osterlund's inquiry: "The Planning Director responded that a new secondary dwelling would
probably trigger a need to upgrade the property to include a two-car garage."
5. UNFINISHED BUSINESS
5.1 Goals and Objectives—Second Quarter Status
Council discussed the second quarter status report on the goals and objectives. As the projects
were discussed,the City Manager stated that due to staff and time limitations it was going to be
necessary to prioritize these projects. Dauber referred to the goal of developing the parcel data
base and having this information available for the public. She noted that this had been a project
for a long time and it's completion was high on her priority list. Siegel suggested that the parcel
data base information be made available as an informational item to the Planning Commission
when reviewing a project. Dauber also noted that the resolution of the public/private road issue
was high priority in her opinion. Casey listed the following as high priority projects: discussion
of Town Color Board, distribution of a Town Survey, direction to the Finance Committee to look
at the Town's fee structure, and agendizing a public hearing on the Master Pathway Plan for the
Southwest Corner of Town(continued from a year ago). Casey thought that the residents had
waited long enough for the continued discussion of the paths in their area. Siegel stated however
that he thought it was not the correct approach as it was much too large an area. Individual paths
should be reviewed with a staff report available on the maintenance, connecting easements, etc.
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Casey did not agree but strongly urged Council to agendize the Carse path for review as she
believed these residents deserved a decision in the near future. Johnson agreed with Siegel that
paths should be looked at individually to determine in part if they were redundant. Dauber
believed that before Council began looking at the paths, a set of guidelines was needed as well as
objective criteria on what paths the Town wanted. She further noted this was the responsibility
of the Pathways Committee. Casey believed the number one criteria was whether the residents
whose property was affected wanted the path. Casey also referred to the sewer system in Town
and stated that she thought the goal of developing a long range maintanence and replacement
program for the Town's sewer system should be funded out of fees imposed on those on sewers.
She did not think it was right for those on septic to help pay for the sewer system.
PASSED BY CONSENSUS: To direct the City Manager to bring back a report at the next
Council Meeting on the goals and objectives and at that time Council will prioritize the list of
projects.
6. NEW BUSINESS
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND COUNCILMEMBERS
ON OUTSIDE AGENCIES
8. STAFF REPORTS
8.1 City Manager
8.1.1 Webpage
The City Manager reported that presently the Town was running a webpage parallel with the one
• at the Town Crier. Staff was being trained and when that was completed the Town would handle
its own webpage. Email training was scheduled for next week and an email policy was being
formulated for Council's review. In addition the Council subcommittee (Johnson and Siegel)
would be reviewing the webpage for appropriate items of interest to add.
8.1.2 Stop sign at Altamont, Bryne Park Lane and Taaffee
The City Manager reported that the stop sign approved for Altamont, Bryne Park Lane and
Taaffe Road had been installed.
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence
It was noted that the issues raised in Mr. Schoendorf s letter would be scheduled for Council
discussion on February 3, 1999 and the Mayor would respond to Mr. Cranston's letter about Y2K
issues. Casey referred to a letter she had received from a Mr. Cefalu concerning the Town's
sewer reimbursement policy. She asked that this be agendized for Council discussion but it was
decided to add this to the list of goals and objectives to be discussed at the February 3, 1999
meeting.
9. COUNCIL-INITIATED ITEMS
9.1 Discussion of future Council agenda items (Councilmember Casey)
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This was discussed in connection with goals and objectives.
• 10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
11.1 Draft Circulation and Scenic Roadways Element of the General Plan, including
proposed policies and implementation measures regarding: maintenance and
dedication of private roadways;right-of-way widths; the aesthetic design of
roadways; road capacities and traffic levels; regional traffic problems;roadway
safety measures; emergency access routes; standards for drainage; reducing
impacts of regional traffic;bicycles and other alternate transportation modes; and
coordination with the Town's Pathways Element and pathway network; and
proposed Negative Declaration(continued from the January 6, 1999 meeting)
Max Brown, 12670 Dianne Drive,referred to the statement that sound walls along 280 shall be
prohibited. He supported sound walls but also suggested that trees could be used or trees in front
of sound walls. He just thought that the word prohibited was too strong. The other issue he was
concerned about was the statement that a park and ride lot in close proximity to the El Monte
Road and Magdalena Avenue ramps at 280 be supported. He and his neighbors suggested
Foothill College might be a good location for a park and ride but any other location in this
vicinity would create traffic and safety hazards.
Mrs. Butts,Voorhees Drive, also expressed concern about the sound wall issue and the park and
ride location. Their home was located at El Monte and 280 and the sound issue was of great
concern. They had wanted a sound wall on their property but Caltrans refused saying the noise
decibals were not high enough. They had also tried to get approval from the Town for a berm but
• were denied. Mrs. Butts also stated that the traffic was such at this location that she could not
support an additional park and ride. In response to Mrs. Butts' comments and in response to an
inquiry from Casey, staff noted that Mrs. Butts could request a variance for a fence on their
property. The berm had been turned down because the blockage of the drainage ditch was an
issue.
Chuck Ber hoff 12780 Dianne Drive referred to the suggestion fora park and ride at El Monte.
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He did not support this noting that the traffic in this area was already intense and safety would be
a very real issue. Furthermore,he did not support a park and ride on the Foothill College campus
either for these same reasons.
Denise Cote, 24970 O'Keefe, commented that the park and ride at Page Mill Road never
appeared to be full so it did not seem necessary to have another park and ride.
Casey referred to three letters which had been received on the circulation element. The letter
from Charlene Geers, 12742 Leander Drive, did not support 60 foot road right of ways or
increased setbacks; supported driveways in setbacks and sound walls and did not support
accommodating bicycle traffic by discouraging auto traffic; Robert Harvancik did not support
accommodating bicycle traffic by discouraging auto traffic and did not support the park and ride
at El Monte; and Bill May supported detailed scientific study of the issue of sound walls before a
decision was made.
Dot Schreiner, 14301 Saddle Mountain Drive, addressed several issues which were before
Council concerning the Circulation Element and which had been commented on by the Los Altos
Hills Civic Association. The standards for road right of ways had been developed,with safety a
primary concern, and had been in place for decades. The Town's General Plan was a general
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• statement of the Town's goals. If the right of way standards were changed at this time it would
be very difficult. Setbacks and conservation easements were determined on a case by case basis.
Concerning the park and ride,Mrs. Schreiner noted that the park and ride at Page Mill and
Arastradero was often overflowing especially on weekends in the summer. Mrs. Schreiner
further noted that the issue of sound walls needed more study. The Planning Commission often
preferred a double stand of trees and fences rather than sound walls.
Lala Carsten, 13761 La Paloma, objected to the 60 foot road right of way issue. She thought this
was excessive. She also reported that she had conducted a random survey of 22 residents none of
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whom supported the 60 foot road right of way. In addition most did not even know about this
requirement and thought it was excessive. Ms. Carsten did not agree that the standards for road
right of ways had been in place for decades. In her case originally there was a 10 foot easement
which was then increased to 60 feet.
Fred Osterlund, 26238 Fremont Road, did not support sound walls noting their impact on
domestic animals and the problem of graffiti. He also did not support turnarounds and backups
for driveways in setbacks.
Evan Wythe, 13826 Page Mill Road, recommended a 40 foot road right of way as a standard
with 60 foot as the exception. Furthermore, he suggested in cases where this would result in a
nonconforming lot, an easement be taken instead.
Les Earnest, 12769 Dianne Drive, noted that bicyclists have an irrevocable right to use the roads.
He further commented that the Pathways Committee had recommended that a sign be put up
regarding the merging at El Monte and 280. Mr. Earnest supported a park and ride at Foothill
College.
• Carol Gottlieb, 24290 Summerhill, supported sound walls and 60 foot road right of ways.
MOTION SECONDED AND FAILED: Moved by Casey, seconded by Finn and failed by the
following roll call vote to delete the following objective on page 10: "Driveways should be
minimized within the required side yard setback area to provide for landscaping,to enhance
privacy, and to maintain a safe distance between adjacent driveways."
AYES: Councilmembers Casey and Finn
NOES: Mayor Johnson and Councilmembers Dauber and Siegel
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by
the following roll call vote to amend the last objective on page 10 to read: "Driveways should be
located to provide for landscaping between properties,to protect privacy and to maintain a safe
distance between adjacent driveways."
AYES: Mayor Johnson and Councilmembers Casey, Dauber and Siegel
NOES: Councilmember Finn
PASSED BY CONSENSUS: On page 12, add a new implementation measure to read: "The
Town should request that CalTrans evaluate measures to address safety concerns on El Monte
Road and Magdalena Avenue near the ramps at I-280."
Siegel did not think that sound walls made sense and that alternate ways of lessening the sound
along 280 should be studied. He noted that if and when 280 was widened an environmental
• impact report would be done and at that time mitigation measures for noise would be discussed.
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MOTION SECONDED AND FAILED: Moved by Dauber, seconded by Siegel and failed by the
• following roll call vote to add the following sentence to the second policy on page 13: "Alternate
mitigations of sound such as berms are encouraged."
AYES: Mayor Pro Tem Dauber and Councilmember Siegel
NOES: Mayor Johnson and Councilmembers Casey and Finn
Casey did not think that this motion addressed the issues that had been raised.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed
unanimously to amend the second policy on page 13 to read: "The construction of sound walls is
generally discouraged along the 1-280 corridor but may be considered in conjunction with future
noise mitigation studies."
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Finn and passed
unanimously to change the wording of the fifth policy statement on page 13 to read: "The Town
shall request conservation easements where necessary to ensure the preservation of scenic areas,
native vegetation immediately adjacent to roads and to preserve creeks."
PASSED BY CONSENSUS: To amend the fourth policy statement on page 20 to read: "Bicycle
traffic shall be accommodated by discouraging thru traffic and providing adequate road
shoulders;. . ..".
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed
unanimously to change the wording of the fourth implementation measure on page 20 to read:
"Evaluate the provision of a park and ride lot on the Foothill College property."
• PASSED BY CONSENSUS: To add a new implementation measure on page 24 to read:
"Encourage better utilization of Deer Creek Road to relieve traffic on Arastradero Road."
Council discussed the implementation measure on page 8 which stated: "Develop right of way
standards to generally accommodate roadway pavement, drainage, vegetative screening, utilities,
slopes and pathways and to avoid excessive cuts or fills. A general guide for width would be 60
feet although this will vary depending on conditions. Additional easements for slope or line of
sight may be required."
Siegel commented that the Town was essentially built out with no more large subdivisions. The
streets were in place and there was no reason to change the policy now. In 1989 the Council had
established a road right of way policy which should be put into the Town's ordinances. Casey
stated that this was taking property away from owners without their knowledge. She also noted
that remodels were affected as they triggered the additional road right of way requirement. This
in some cases created sub-standard lots. Johnson concurred with Siegel stating that staff should
be directed to prepare an ordinance including the road right of way policy and also including in
the ordinances causes for exceptions. Finn questioned the reasoning behind the need for 60 feet.
He believed roads rarely had paths, drainage swales or utilities on both sides. In addition,
equipment was usually not stored on both sides. He supported 40 feet as being the needed
amount. Dauber noted that these issues were true for straight streets of which there were few in
Town. For example, a path rarely stayed on one side of a street. She supported stating 60 foot
road right of ways in the General Plan document which set forth the Town's goals and include in
the ordinance the exceptions which could be implemented at a later time.
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MOTION SECONDED AND FAILED: Moved by Finn, seconded by Casey and failed by the
following roll call vote to include the statement in the implementation measure on road right of
ways that if the dedication of 60 feet would cause the lot to become substandard an easement
would be taken.
AYES: Councilmembers Casey and Finn
NOES: Mayor Johnson and Councilmembers Dauber and Siegel
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed by
the following roll call vote to make no changes to the following the implementation measure on
page 8 which stated: "Develop right of way standards to generally accommodate roadway
pavement, drainage, vegetative screening,utilities, slopes and pathways and to avoid excessive
cuts or fills. A general guide for width would be 60 feet although this will vary depending on
conditions. Additional easements for slope or line of sight may be required."
AYES: Mayor Johnson and Councilmembers Casey,Dauber and Siegel
NOES: Councilmember Finn
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Finn and passed
unanimously to adopt Resolution#4-99 adopting the Circulation and Scenic Roadways Element
of the General Plan and adopting a Negative Declaration as amended by Council. It was further
agreed that the Planning Director would work with Siegel the pictures to be used and their
identification.
11.2 Request for a site development permit and an amendment to a conditional use permit
for additions of 3,688 square feet for a science classroom, expanded daycare and
• restrooms,with a maximum height of 17'9" and a negative declaration, Lands of St.
Nicholas School, 12816 El Monte Avenue
John Miller, applicant's architect,referred to his letter dated 1/19/99 in which he raised the
following issues in the conditions of approval for discussion: in condition number 4 the term
event needed to be defined; in condition number five the number should be raised to 350; in
condition number 7 the public address system would be needed for one afternoon event; and
number 12 in the conditions of approval for the site development permit they would like to adjust
the property line rather than merge the two existing lots.
Sister Barbara, St.Nicholas' School, commented on the event schedule for the school and noted
that most of them were inside and there was little if any impact on the neighbors. A couple of
years ago there had been some parking issues on Voorhees but they had begun a shuttle service
which had addressed everyone's concerns. She did note that their request to use the public
address system for an outside event was for their annual October outdoor religious festival and
service.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed
unanimously to amend condition number four to read: "Evening events sponsored by the
applicant shall be concluded no later than the hour of 11:00 p.m. on weeknights and 12:00
midnight on Friday and Saturday evenings and shall not adversely affect the neighbors."
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed
unanimously to amend condition number 5 by changing the number 250 to "the available parking
capacity".
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PASSED BY CONSENSUS: To amend condition number 7 by changing the second sentence to
read: "No other outdoor sound amplification shall be allowed on the site except for one annual
event held during daytime hours."
PASSED BY CONSENSUS: To amend the site development permit condition number 12 to
read: "A Certificate of Compliance shall be issued by the Town for this property which shall
reflect the merger of the two properties into a single parcel, or a lot line adjustment in
compliance with Town zoning and side development codes. . . . ."
Dauber suggested that the required landscape screening include screening to the height of a car
along the Voorhees fence.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed
unanimously to approve the request for an amendment to the conditional use permit and a site
development permit for additions of 3,688 square feet for a science classroom, expanded daycare
and restrooms, with a maximum height of 17'9" and a negative declaration, Lands of St.
Nicholas School, 12816 El Monte Avenue as amended by Council.
12. CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9b
EXPOSURE TO LITIGATION—APPROVAL OF SETTLEMENT AGREEMENT
FOR DRAINAGE CLAIM
The City Attorney reported that this issue did not have to be discussed in Closed Session. It was
a follow-up to a decision reached at a previous Council Meeting .
MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Casey and passed
• unanimously to adopt Resolution#5-99 approving and authorizing execution of a settlement
agreement and release between the Town of Los Altos Hills and Bruce J. Cann and The Bruce J.
Cann and Shelagh M. Cann Trust dated 11/28/84.
13. CLOSED SESSION: Public Employee Performance Evaluation- City Manager:
PURSUANT TO GOVERNMENT CODE SECTION 54957.6
This closed session had been continued to this meeting from an Adjourned Regular Meeting
originally scheduled for January 20, 1999 at 5:00 p.m. That meeting had been cancelled.
PASSED BY CONSENSUS: To continue the City Manager's Performance Evaluation to an
Adjourned Regular Meeting at 5:00 p.m. on February 3, 1999.
14. ADJOURNMENT
There being no further new or old business to discuss,the City Council Meeting was
adjourned at 11:30 p.m.
Res ect�su fitted,
Patricia Dowd
City Clerk
The minutes of the January 20, 1999 Regular City Council Meeting were approved at the
February 3, 1999 Regular City Council Meeting.
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