HomeMy WebLinkAbout10/21/1998%W
Minutes of a Regular Meeting
October 21, 1998
Town of Los Altos Hills
City Council Regular Meeting
Wednesday, October 21, 1998, 6:00 P.M.
Council Chambers, 26379 Fremont Road
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, Hubbard and
Siegel
Absent: None
Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy
Sloan, Planning Director Curtis Williams, Public Works Manager
Jim Rasp, Finance Director Carol Ferrell and City Clerk Pat Dowd
Press: Carol Tiegs, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointments to Community Relations Committee and Safety Committee
Sylvia Leung, 25386 La Loma Drive, commented on her interest in serving on the Community
Relations Committee and her time to devote to this committee.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed
unanimously to appoint Sylvia Leung to the Community Relations Committee for a two-year
term.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed
unanimously to appoint Michael Duffy, 27474 Sunrise Farm Road, to the Safety Committee for
a two-year term.
3. PLANNING COMMISSION REPORT
The Planning Director reported that the following items were discussed at the 9/9/98 Planning
Commission Meeting: Lands of Nuveen Construction, 27585 Samuel Lane, request for a site
development permit for a new residence and lap pool - approved; Lands of Golukhov, 11195
Hooper Lane, request for a site development permit for an addition - approved; Lands of GTE -
set for public hearing at 10/21/98 Council Meeting; Lands of Marquez, 25665 O'Keefe Lane,
request for a site development permit for a new residence - approved; and Lands of Borns
Construction, 25625 O'Keefe Lane, request for a site development permit for a new residence -
approved. The Planning Director also reported on the items discussed at the 9/23/98 Planning
October 21, 1998
Regular City Council Meeting
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Commission Meeting: Lands of Nextel Communications (Foothill College) - set for public
hearing at the 10/21/98 Council Meeting; Lands of Nextel Communications (Lands of Fenwick),
28011 Elena Road, request for renewal of conditional use permit for operation of an existing
wireless telecommunications facility - approved; and Lands of Blair, 27161 Fremont Road - set
for public hearing at the 10/21/98 Council Meeting.
4. CONSENT CALENDAR
Items Removed: 4.1 - 9/2/98 minutes (Dauber), 4.3 and 4.10 (City Manager) and 4.11 (Mr. Gary
Cleary)
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed
unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: September 28, 1998 (Special Meeting)
4.2 ApprovedWarrants: $1,271,317.91(8/1/98-10/15/98)
4.4 Accepted subdivision improvements, Lands of Reed, Parcel Map
694 M 21 & 22 — Resolution #86-98
4.5 Accepted subdivision improvement, Lands of Clevenger (previously Lands
of Micko), Parcel Map 685 M 23 & 24 — Reso #87-98
4.6 Adopted additional Town of Los Altos Hills Bench Marks — Resolution #88-98
4.7 Accepted dedication of Right of Way, Lands of Hamri, 12580 Miraloma Way —
Resolution #89-98
4.8 Accepted grant of Storm Drain Easement, Lands of Cranston, 23460 Camino
Hermosa — Resolution #90-98
4.9 Issued Proclamation: California Winter Weather and Flood Preparedness
Week —October 26-30, 1998
4.12 Award of Contract for Ascension Drive Storm Drain Replacement Project —
Reso #_
Items Removed:
4.1 Approval of Minutes: September 2, 1998 (Regular City Council Meeting)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed
unanimously to approve the minutes of the September 2, 1998 City Council Meeting with the
following corrections: page 1, add Roberta Wolfe, Deputy City Clerk, City of Cupertino to the
list of staff present; page 2, second paragraph should read: "....commission voted to continue
the project....' ; page 5, third paragraph, the word `presentation' should be `public hearing';
page 5, the second sentence under chimney heights should be moved to the discussion of the
LaPaloma Corridor; page 5, the motion under chimney heights should be changed to read: ".. .
October 21, 1998
Regular City Council Meeting
look for those situations where chimneys would be obtrusive and affirmed that they already have
the authority to reduce the height of chimneys were appropriate'; page 5, add the following to the
sentence under garages: "and directed staff to refer the ordinance to the Planning Commission for
review prior to final Council consideration.'; page 5, Item 7, change the word `California' to
`San Jose'; page 6, item 8.3.1, amend paragraph four to read: "Dauber reported that the Santa
Clara Valley Water District had agreed to go ahead with engineering for the Reach 5
improvements even though they don't have all the approvals from the State and Federal levels;
and page 7, Item 9.2 add the following: "Passed by Consensus: Council agreed to loan the Los
Altos Community Foundation the furniture the Town had stored."
4.3 Approval of final parcel map and subdivision improvement (maintenance)
agreement, Lands of Rogez, 25617 Fremont Road — Resolutions #
The City Manager commented that upon further review it was now the staff's
recommendation that Council rather than accept the dedication of stoma drain easement
on Adobe Creek acknowledge but reject irrevocable offer of dedication of storm drain
easement. The City Manager noted that staff had reconsidered their recommendation
because of neighbors' concerns about the eucalyptus trees along the creek and the fact that
this was really a private property issue.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed
unanimously to adopt Resolution #92-98 approving final map for Lands of Rogez, Resolution
#93-98 approving and authorizing execution of an agreement for conservation easement between
the Town and Didier J. Rogez and Isabelle J. Rogez, Resolution #94-98 accepting dedication of
storm drain easement on Lands of Rogez and Resolution #95-98 acknowledging but rejecting
irrevocable offer of dedication of interest in Lands of Rogez.
4.10 Approval of agreement between the Town of Los Altos Hills and Cotton
Shires and Associates, Inc. for geotechnical services — Reso #
The City Manager noted that inadvertently the amendment had been omitted from the staff report
on this item. Council now had a copy of this amendment before them.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed
unanimously to adopt Resolution #96-98 approving and authorizing execution of an amendment
number 2 to the agreement between the Town and Cotton Shires and Associates, Inc.
4.11 Approval of final map, subdivision improvement agreement and Conservation
Easement, Lands of LeFevre, Altamont Road — Resolutions #_
Dr. Cleary, 26410 Altamont, noted that he had four points he would like clarified prior to the
approval of this final map: 1) an improved Silent Hills Lane was covered in condition #19 but
not in the improvements nor on the final map; 2) would like an agreement with the LeFevres
about the type of perimeter fence mound the conservation easement; 3) would like to have input
on placement of trees at the end of the cul-de-sac; and 4) thought that rather than a 50' setack in
front of the house it was supposed to be a percentage of the length of the property.
Tom LeFevre, applicant, noted that the subdivision could not be finalled until improvements
were made to Silent Hills. He further noted that the fence had been removed from the plans and
the tree placement was in the landscaping plans and be would work with the Clearys. The
Planning Director referred to the setback issue and commented that the site development process
would provide an additional review period for the placement of the house, etc.
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Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed
i, unanimously to adopt Resolution #97-98 approving final subdivision map, Lands of LeFevre and
Resolution #98-98 approving and authorizing execution of an agreement for conservation
easement between the Town and Thomas LeFevre.
5. UNFINISHED BUSINESS
5.1 Report on ownership status of Summit Wood Road
The City Manager referred to his staff report which included a background on the title history of
Summit Wood. The history was not clear as it included the following three categories: a twenty
foot wide portion of Summit Wood Road right of way dedicated on Tract 1684 but rejected at
that time by the Council; a right of way granted by deed in 1957 for which there is no record to
indicate whether the Town accepted or rejected it; and a third portion of right of way created by
the use of a record of survey map on which the lot lines are not shown to extend to the center of
the street and no mention is made on the map of an offer of dedication or acceptance. It was the
staffs recommendation to prepare resolutions clearly accepting Summit Wood as a public street
and thereby clear up the historical confusion on this road. The City Manager also noted that a
full reconstruction of Summit Wood would probably have to take place because of its condition
and to bring it up to Town standards.
Dr. Robert Melnikov, 11511 Summit Wood Road, referred to a recent Town Crier article which
included in its comments of news from twenty five years ago that Summit Wood had been
accepted as a public road at that time. He questioned why the street had been maintained for
years and then suddenly was no longer maintained by the Town.
Mr. Gerald Heitel, 11523 Summit Wood Road, believed a good resurfacing was sufficient with a
reconstruction of only the drainage ditch along the side of the road. He also supported center line
striping but not widening as he felt this would only encourage speeding.
Charlene Archibeque, 11511 Summit Wood Road, suggested that adequate water removal was
needed as well as `slow down' signs.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed
unanimously to direct the City Manager to prepare resolutions to complete the acceptance of
Summit Wood Road as a public street from Tepa Way to La Loma Drive and to bring these
resolutions back to the Council for adoption.
6. NEW BUSINESS
6.1 Consideration of recommendations to fill a vacancy on the Commission of
the Los Altos Hills County Fire District
Council had before them a request from the City Attorney asking for their opinion on
whether Sid Hubbard should be reappointed to the Fire Commission even though he will no
longer be a councilmember or whether the Council would prefer a councilmember to
replace Sid Hubbard. The resolution adopted in 1981 states: "Commissioners may be
councilmembers of cities within the District; in the event a councilmember is appointed
commissioner and thereafter ceases to be a councilmember, the Office of Commissioner
shall thereby automatically become vacant." Historically, the Fire Commission
recommends to the County Board of Supervisors who it wishes to be selected for a vacancy
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Regular City Council Meeting
on the commission. A letter had been received from the President of the Los Altos Hills
County Fire District, Marilyn Halliday, strongly supporting the continuance of this process.
A letter had also been received from Bill Siegel in which he states his opinion that it is
important that the Council be the body that decides whether a Los Altos Hills resident or a
councilmember should hold two seats on the commission. (Since 1981 two seats on the
commission have been held by councilmembers although former councilmembers have also
served on the commission.) Siegel further recommends that the Council recommend
appointments to the Fire Commission to the Board of Supervisors and to further request the
Commission to refrain from making such recommendations.
PASSED BY CONSENSUS: To direct the Mayor to send a letter to the Los Altos Hills
County Fire Commission recommending Sid Hubbard for reappointment to the Fire
Commission.
6.2 Recommendation for agreement with Los Altos Hills County Fire District
regarding services provided by Jeanne Evilsizer — Reso #
This item has been continued to the November 4, 1998 City Council Meeting.
6.3 Fiscal Year 1998-99 Goals and Objectives - First Quarter Status
Council thanked the City Manager for this excellent report.
6.4 Report from Solid Waste Subcommittee on first half of year under new contract
The City Manager presented a summary of his report on the first half of the year under the new
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contract with the Los Altos Garbage Company. He reported that while total revenues fell short
by approximately $40,000, budgetary savings in Town expenses as well as in Browning Ferris
Industries (BFI) tipping fees resulted in approximately $52,000 added to the solid waste
operations reserve account. There has been very minimal can attrition during the first six months
of the contract and it appeared that an increase in debris box rates was warranted. A recent
survey done by the County showed that the debris box rates charged by the Town were
substantially less than the county -wide average for the same size containers in other cities. The
City Manger's report also included tonnage figures on the curbside yardwaste collection program
as well as the dropoff program at Foothill College. A request had been received from the Los
Altos Garbage Company for the Town to reconsider pursuing delinquent accounts that had been
carried on the Los Altos Garbage Company's books for years. The City Manager was requesting
Council direction on this request as well as on the issue of asking the garbage company to
provide lids for the recycling containers.
Betsy Bertram, 11854 Page Mill Road, commented that although recycling seemed to be down
somewhat now, it would increase again in the spring.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed _
unanimously to direct staff to agendize a public hearing for consideration of revised rates for
debris boxes, to direct staff to obtain additional information from the Los Altos Garbage
Company on the issue of delinquent garbage accounts and to contact the Los Altos Garbage
Company about obtaining lids for the recycling bins.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON
OUTSIDE AGENCIES
October 21, 1998
Regular City Council Meeting
8. STAFF REPORTS
8.1 City Manager
8.1 Report on the Town's Webpage
The City Manager reported that a domain name had been obtained and an internet service
provider (Best) had been selected. For the webpage, dsl lines and email the charge would be
about $3,600 per year with a one time charge for the modem. The Town should be up and
running in a couple of weeks with full operation in about a month.
8.2 La Cresta Drive Landslide Repair Project
The City Manager reported that the LaCresta Drive Landslide Repair Project was scheduled to
begin on October 22"a
8.3 Edgerton Road Median Slope Stabilization Project
The City Manager reported that the Edgerton Road Median Slope Stabilization Project was
scheduled to begin in about a week and a half.
8.2 City Attorney
8.3 City Clerk
`. 8.3.1 Report on Council Correspondence
Regarding the letter from Mr. Smith on the request for a stop sign at Byrne Park Lane and Taaffe
Road at Altamont Road, the City Manager reported that staff was looking into various related
issues such as site distance. The City Manager further reported that a `no u -tum' sign was going
to be installed at Berry Hill Court. Concerning the request from the residents on Colina Drive
that their street be made public, the City Manager stated that he had advised them that this
request would be discussed at the time of the circulation element review or the residents could
undertake the process for formally applying for a road to be made public. The City Manager also
noted that he had received a letter from Lee Emerson concerning debris left by a contractor. He
stated that before the contractor was given a notice of completion for the project, the debris
would be cleared.
9. COUNCIL -INITIATED ITEMS
10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
11.1 Request for approval of a two -lot subdivision of 3.07 acres and a proposed mitigated
negative declaration, Lands of Blair, 27161 Fremont Road
Robert Blair, applicant, commented that he agreed with all of the proposed conditions except for
condition number 11 which in part required the following: applicant shall construct the
necessary storm drainage improvements so that the 100 year storm flow in the creek is
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October 21, 1998
Regular City Council Meeting
contained within the creek banks and is also carried under Fremont Road and into the
continuation of the creek on the other side of Fremont Road. Improvements for Fremont
Road can be either a larger culvert to replace the existing culvert or an additional parallel
culvert to provide the necessary additional capacity. Mr. Blair did not think it was
reasonable for him to pay for the entire cost of these drainage improvements as the drainage
resulted from several properties. He agreed that he should share in the cost but not the
entire cost.
The City Manager/City Engineer addressed the drainage issue, the history of drainage at this
Fremont Road location, the resulting conditions being required of the applicant and the
approximate costs involved.
Betsy Bertram, 11854 Page Mill Road, stated that she did not think the children should be
responsible for the sins of their fathers. She believed the Town should remove the
condition regarding the culvert but disclosure should be made to future owners of this
property that there was a drainage issue.
Colette Penne, 27080 Fremont Road, commented that they lived across the street and were
concerned about the possible placement of the guest house in the front of the lot. It was
shown on the conceptual plan and she urged that a condition be made that it could not be
placed at that location. She also thought it should be stated that the guest house would have
to be subordinate to the main house, the riparian areas would be protected and the fence
would be low key perhaps a split rail. Ms. Penne also suggested the placement of a path
along this property connecting to Beth Am.
�Aw Stan Gamble, applicant's developer, explained the initial idea of moving the creek and the impact
of a new culvert on the 100 year flood plain.
Robert Blair, applicant, commented on the creek corridor and his plans to increase the number of
native riparian plants. He also referred to the conceptual dwellings on the plans and noted
that he was not planning as large a home as shown. He also wanted to be a good neighbor
and get neighbors' input but he did not want to legally be precluded from putting the guest
house toward the front of the lot.
MOTION FAILED DUE TO LACK OF A SECOND: Dauber moved to limit the floor area of
the house to 8,000 square feet.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed
unanimously to add condition #31 as follows: "The residences shown on the Tentative Map
plan are conceptual only and no approval of any residence is indicated by approval of the
Tentative Map. Because of site constraints including setback requirements, conservation
and storm drain easements, and secondary dwelling unit guidelines, development of the
property southeast of the creek may be restricted and the maximum development and floor
areas on Parcel 1 may not be achievable."
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed
unanimously to approve the request for a two -lot subdivision of 3.07 acres and a proposed
mitigated negative declaration for Lands of Blair, 27161 Fremont Road, subject to the
findings and conditions of approval as recommended by the Planning Commission with the
addition of condition #31 as approved by Council.
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Regular City Council Meeting
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Casey stated she voted affirmatively on this motion because she supported the subdivision.
However, she did not concur with the storm drain requirements being imposed on the
applicant.
11.2 Request for a site development permit, conditional use permit and negative
declaration for the placement of four panel antennas on an existing pole, GTE
Mobile Communications, 2350 Page Mill Road at Highway 280, (Lands of the
State of California, Department of Transportation)
Peter Maushardt, representing GTE, thanked the Council and staff for their assistance with
this application.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed unanimously to approve the request for a site development permit, conditional use
permit and negative declaration for the placement of four panel antennas on an existing
pole for GTE Communications at 2350 Page Mill Road at Highway 280 (Lands of the State
of California, Department of Transportation).
11.3 Request for a site development permit and conditional use permit to allow eight
panel antennas on the facade of the gymnasium and a 10' x 20' equipment shelter
adjacent, Nextel Communications, Inc., 12345 El Monte Road, (Lands of Foothill
College)
Wayne Lowell, representing Nextel Communications, thanked the Council and staff and
noted that he was available to answer any questions.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and
passed unanimously to approve the request for a site development permit and conditional
use permit to allow eight panel antennas on the facade of the gymnasium and a 10' x 20'
equipment shelter adjacent for Nextel Communications, Inc. at 12345 El Monte Road
(Lands of Foothill College).
11.4 Request for a site development permit and variances to allow encroachment into
side yard setbacks, grading within ten feet of the property line, to exceed the
allowable floor area (MFA) and development area (MDA) and to exceed the
maximum allowable height for a new residence, Lands of Lambert, 24700
Olive Tree Court
Mrs. Lambert, applicant, presented an overview of their project and how they had
addressed issues raised by Council. They had moved the house, reduced the height,
improved the foundation, complied with requirements from the Fire Department regarding
driveways and turnarounds, added a turnout so cars could pass and added trees. Mrs.
Lambert further noted that all of the neighbors concurred with their project and the changes
that were being proposed. Mr. Lambert presented examples of building materials and
ground cover for Council's information.
Dauber suggested moving the garage and larger study to the upper level which she believed
would reduce the turnaround area, save the applicants money and reduce the number of
retaining walls. Hubbard did not concur with this suggestion noting that the upper level
had a stunning view which would be wasted on a garage. Hubbard suggested, however, that
the applicants delete at least one parking space and work with staff toward reducing the
paving area.
October 21, 1998
Regular City Council Meeting
Dr. Upp, applicants' eningeer, commented that they could remove a parking space but the
the turn around area would still be there so the reduction of paved area would not be
significant. Dr. Upp also addressed the driveway issues, the Fire Department requirements
regarding tum around areas, the location and number of retaining walls and the drainage in
the parking areas.
Mr. Winkelbaum stated that he supported this project. He felt it was a vast improvement
over the old home and would be an asset to the neighborhood.
Mrs. Lambert commented that she was the mother in law and it was her guest room that
had been planned for the upper level.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to approve the request for a site development permit and variances to
allow encroachment into the side yard setbacks, grading within ten feet of the property line,
to exceed the allowable floor area and development area and to exceed the maximum
allowable height for a new residence for Lands of Lambert at 24700 Olive Tree Court
subject to the conditions of approval as recommended by the Planning Commission and the
following amendments by Council: 1) condition #12 — if pathway fees were paid on the
house that burnt down, this condition shall be deleted; 2) condition 915 - grading shall be
allowed as conditioned by the variance; 3) add the following condition "The applicant shall
ask Midpeninsula Regional Open Space District to grant a 30' easement along the
Lamberts' property to allow for clearing of brush."; and 4) the applicants shall request the
Town to abandon the utility easement.
11.5 Adoption of a proposed capital improvement budget for the fiscal year 1998-99 —
Reso #_
Dauber suggested making this a fifteen month budget and then going on a calendar year
CIP budget. Dauber also referred to the Tracy Court bridge replacement and noted that she
supported a bridge but not a culvert. Casey noted that pathways were not even 10% of the
Capital Improvement Budget and she did not think this was enough funding for the
important asset of the Town's off-road pathway system.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed unanimously to adopt Resolution #99-98 adopting the Capital Improvement Budget
for Capital Year 1998-99.
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council Meeting was
adjourned at 11:10 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the October 21, 1998 City Council Meeting were approved at the
November 4, 1998 City Council Meeting.
October 21, 1998
Regular City Council Meeting