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HomeMy WebLinkAbout07/16/1997Minutes of a Regular Meeting July 16, 1997 Town of Los Altos Hills City Council Regular Meeting Wednesday, July 16, 1997, 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 Hubbard, Johnson and Siegel Absent: Councilmember Dauber Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Stuart, Assistant City Attorney Helene Leichter, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Congratulations to the Bullis-Purissima Elementary School winners of the Tech Challenge The following students were commended by Council for receiving the award for the Most Technologically Innovative Device as part of the Tech Challenge: Matt Bresnahan, Katherine Wantzelius and Aaron Mandle. The team explained to Council the design of their robotic device and how it could safety crash land into a sandy crater then navigate out of the pit to reach a target. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following applications were heard at the 7/9/97 Planning Commission Meeting: Lands of Butt, 24708 Voorhees Drive - request for a modification to the Site Development Permit conditions of approval regarding paint color and width of walkways - forwarded to Council; Lands of Fitzpatrick, 25311 Fremont Road - request for a site development permit for a new residence - approved; Lands of Mendez, 25600 Frampton Court - request for a site development permit for a new residence with attached secondary dwelling unit and variance to allow grading and paving within ten feet of a property line - approved; and Lands of Buchanan, 25525 Bledsoe Court - request for a site development permit for a new residence, secondary dwelling unit, tennis court, pool and spa - approved. 4. CONSENT CALENDAR Items Removed: 4.1 (Siegel) and 4.13 (Hubbard) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed p unanimously by all members present to approve the balance of the Consent Calendar, �w specifically: July 16, 1997 Regular City Council Meeting L 4.2 Approved Warrants: $115,997.72 (6/30/97) 4.3 Decided Not To Review the following Planning Commission Actions at its meeting on June 25, 1997: 4.3a Lands of Stitt, 25703 Lomita Linda Court: approved request for a Site Development Permit for a new residence, pool house and pool 4.3b Lands of Lohr, 24044 Oak Knoll Circle: approved request for a Site Development Permit for a new residence 4.3c Lands of Arias, 10460 Albertsworth Lane: approved request for a Site Development Permit for a major addition and remodel 4.3d Lands of Taylor, 25528 Hidden Springs Court: approved request for a Site Development Permit for a new residence, pool and spa 4.4 Adopted ordinance #389 amending Sections 10-1.502 (Development Area), 10-1.503 (Floor Area), 10-1.504 (Height) and 10-1.505 (Setbacks) of Chapter 1 (Zoning) to include Site Development Policy Purpose Statements 4.5 Accepted vacation of right of way easement and irrevocable offer of dedication of right of way, Lands of Pacific Land Acquisition, Inc., 27863 Black Mountain Road -- Resolutions #42-97 and #43-97 4.6 Adopted policy regarding excavation during a paving moratorium 4.7 Accepted grant of Easement for Pathway, Lands of Breetwor, 12681 Miraloma Drive — Reso #44-97 4.8 Accepted grant of Conservation Easement and Dedication of Right -of -Way, Lands of Carnes, 14090 Tracy Court -- Resolutions #45-97 and #46-97 4.9 Accepted grant of Conservation Easement, Lands of Leach, 11985 Magdalena Avenue — Reso #47-97 4.10 Accepted grant of Storm Drain Easement, Lands of Duhring, 13871 Robleda Road — Reso #48-97 4.11 Accepted grant of Storm Drain Easement and execution of an agreement for temporary construction easement between the Town and Searfoss, Lands of Searfoss, 25531 Fremont Road — Resolutions #49-97 and #50-97 4.12 Approved request from Westwind Barn for authorization to use an audio system and a banner for their Hoedown on September 6, 1997 Items Removed: 4.1 Approval of Minutes: July 2, 1997 (Regular Meeting) July 16, 1997 Regular City Council Meeting V MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to approve the minutes of the July 2, 1997 City Council Meeting with the following corrections: page 4, Item 6. 1, insert roll call vote: Ayes: Mayor Casey and Councilmembers Dauber, Hubbard and Siegel and Noes: Mayor Pro Tem Johnson and page 5, Item 6.4, change "Los Altos County Fire Protection District Commission" to "Los Altos Hills County Fire District Commission". 4.13 Award of Contract for Page Mill Road Retaining Wall Project FY96-97 and recommendation for amendment to capital improvement budget FY96-97 — Resolutions # Hubbard asked if this firm was bonded and the City Manager responded in the affirmative, noting that it was a large, efficient company with excellent references. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to adopt Resolution 951-97 awarding a contract for the Page Mill Retaining Wall Project FY 96-97 and Resolution #52-97 amending the Capital Improvement Budget for FY 96-97. 5. UNFINISHED BUSINESS 5.1 Proposed Policy on Outdoor Lighting The staff report before Council noted that the Council Subcommittee on Planning Issues had addressed the issue of lighting and discussed ways to provide more specific direction to applicants as to what types and amounts of lighting were appropriate. The Town's Design Guidelines currently included language such as `the minimum wattage lights which will safely illuminate the area' limiting the use and extent of outdoor lighting, and also that outdoor light sources shall be shielded so as not to be directly visible from off-site. The proposed policy was a clarification of existing ordinances. Abe Ostrovsky, 24115 Hillview Road, did not support the proposed policy. He believed such low levels of lighting negatively impacted the disabled and elderly and were not safe. Ruth McMahon, 13531 Burke Road, did not think the proposed policy was safe. Hanna Wiseman, 26666 Birch Hill Way, stated she was a lighting designer as well as a resident and she did not concur with the policy. She highly recommended getting input from architects, lighting designers, etc. who worked on Town projects and who were familiar with lighting issues and options. She did not think it was appropriate for the Town to regulate lighting down to the wattage allowed. She also inquired as to the number of lighting complaints received by the Town is the last two years and was advised it was approximately six. Paul Simon, 12271 Windsor Court, supported the policy noting that offensive lighting was indeed a problem. He further noted that safety was the main issue. Sandra Humphries, 26238 Fremont Road, took issue with the flyer she had receivedjust the day before this meeting. This flyer which addressed the lighting policy and urged residents to attend this meeting, in her opinion contained inaccurate information and there was no way to reach those responsible for the mailing. July 16, 1997 Regular City Council Meeting Mrs. Griffiths, 13630 Roble Alto Court, supported the policy in concept but believed such a policy needed input from lighting experts. She questioned how `safety' was defined and did not believe the present policy provided for adequate lighting. She commented that she had received the flyer just the day before but she had been glad to get it. Betty Ng, 12700 Leander Drive, believed the Town was creating a bureaucracy. She saw no reason why the Town should regulate the wattage of bulbs when the neighbors could work out lighting issues amongst themselves. Donald Rutherford, 25551 Burke Lane, believed residents should be able to choose their own lighting on their property. Tom LeFevre, 14850 Manuella Road, stated that he was a member of the Los Altos Hills Civic Association which included about sixty members and was established as a subcommittee for social and communication issues. Their goals were to 1) encourage friendship amoung residents; 2) inform residents of issues; and 3) encourage residents to get involved in Town government. The association had sent out the flyer encouraging residents to attend this meeting and as they got more organized the mailings would be done in a more timely manner. Concerning the policy, he thought there was a difference between what lighting was safe and what lighting did not offend neighbors. He also did not believe the policy allowed residents to enjoy and use their outdoor living spaces. William Evans, 13334 La Cresta Drive, suggested the Town was working too hard on this policy. Such detail was not needed and was difficult to implement. As it was, holiday lights would not be allowed. He believed aesthetics were important as well as safety. %hr Jim Abraham, 12831 Viscaino Road, recommended writing a new lighting ordinance which addressed the needs of the Town. Dot Schreiner and Carol Gottlieb, Planning Commissioners, noted that the Planning Commission was encountering more lighting problems as the larger homes were coming in for review. When the homes were 7-10,000 square feet, the first and second floors were lit, the trees were lit and there were skylights, the cumulative effect of the lighting could have quite an impact on the neighbors. The proposed policy was the Town's effort to control some of these situations. Mrs. Sheene, 12376 Purissima Lane, appreciated receiving the notice about this meeting. She believed residents paid a lot of money for their homes and should have the freedom to put in the lighting they want. There apparently had been so few complaints, the Town should let the neighbors work out any problems. Mr. Kwok, 26837 Purissima Road, commented that both sides had valid points. He believed different family situations resulted in different lighting needs, i.e. homes with children needed more light. Lalla Carsten, member, Los Altos Hills Civic Association, believed the residents wanted to know more about Town issues such as lighting and she hoped the Town would give more notice of such discussions. She did not think that the residents needed any more restrictions. Charles Wiseman, 26666 Birch Hill Way, recommended that there be a committee formed that would hear appeals of lighting problems. July 16, 1997 Regular City Council Meeting Johnson stated that he did not support the policy as it was now proposed. It went into too much detail such as the statements regarding high density lighting and dimmer controls. In addition he pointed out that to address lighting by the source and not the effect was the wrong approach. Hubbard did not believe the policy should go into so much detail but that there should be a policy that would be fair to all. He noted he was hearing different suggestions from those present and it was important to arrive at some policy that everyone followed. He also noted that mediation required all parties to attend and it did not always work. Siegel commented that the policy only applied to new homes and it was designed to guide staff and applicants. Casey believed the mediation process and the nuisance complaint process were in place and this detailed policy on lighting was not needed and not fair to those with new homes and remodels as it only affected them. The intention of the policy was good but it was not flexible enough. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to continue the discussion of the proposed policy on outdoor lighting to the next Council Meeting and to direct staff to amend the proposed policy to include comments made by Council during the 7/16/97 Council Meeting. In addition, residents may submit suggestions if they want to and the Planning Director may consult with architects and lighting consultants for input. 5.2 Request for renewal of a conditional use permit for the operation of a commercial stable, riding programs and summer horse camp, Lands of Cole (Full House Farm), 23219 Ravensbury Avenue MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously by all members present to approve the revised conditions of approval for the Full House Farm use permit, as modified by the City Council on July 2, 1997, with full review low required again in two years (1999) and five years (2002) 5.3 Hearing to contest proposed nuisance abatement action at 12234 Tepa Way, Lands of Roscoe Council had before them a staff report outlining the history of code violations at 12234 Tepa Way. In February of 1997 staff had begun contacting Mr. Roscoe concerning the location of his recreational vehicle including tarp and frame in his driveway. A nuisance complaint had been filed by neighbors, Mr.and Mrs. Yochem at 12264 Tepa Way, who looked directly out on this vehicle. The Town's Code states that recreational vehicles are not to be located within setbacks for more than thirty days out of any consecutive forty five days. Mr. Roscoe had moved the vehicle from one location as a result of neighbors' complaints and mediation discussions. The new location however negatively impacted the Yochems. Mr. Roscoe relocated the vehicle to his present home at 25431 Tepa Way (he rents the Adobe Lane house to others) but did not dismantle the tarp and frame. Having received no response from Mr. Roscoe that he planned to correct this violation, the matter was scheduled for Council hearing. Mr. Yochem, 12254 Tepa Way, commented that they had lived in Town for thirty years and this issue had actually begun late in 1995. The property at 12234 Tepa Way was negatively affecting the rural environment of the area. He showed photographs which specifically depicted the impact on his property. He requested that Council have this nuisance abated. Ken Lamneck, 25538 Adobe Lane, commented that he had been involved in the mediation process involved with this lot. Mr. Roscoe had initially parked the recreational vehicle at the Adobe property across the street from this house and rarely used it. At that time he agreed to ,—� move it to his other property. July 16, 1997 Regular City Council Meeting Bill Gurtner, 25525 Adobe Lane, noted that this large vehicle was not in keeping with the rural character of the Town. He did not want to see this vehicle moved back and forth between the two properties. Gil Duncan, 12254 Tepa Way, referred to the driveway on which the recreational vehicle had been parked and noted that it was also being used by the renters to store debris. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to authorize the City Attorney to proceed with nuisance abatement action as deemed appropriate for Lands of Roscoe at 12234 Tepa Way. 5.4 Response to Grand Jury's Final Report on the Review of Public and Private Agency Response to Domestic Violence MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to approve the response to the Grand Jury prepared by the City Attorney and dated 7/16/97 stating that the Town supported the Santa Clara County cities analyzing the formation of a Joint Powers Authority within the next six months to address domestic violence problems. 6. NEW BUSINESS 6.1 Planning Commission Appointment Process It had been brought to the Council's attention that Planning Commissioner Doran had recently sold her home and was currently no longer living in the Town. She had indicated however that �w she was looking for a new home in Town and hoped to be moving here again in the near future. While it was noted that the Town did not specifically require its Planning Commissioners to live in Town, Siegel stated that he did not think it was appropriate for a Commissioner not to reside in Town. Hubbard concurred stating that Doran should be thanked for her contributions to the Town by serving on the Commission but that her term should be ended. Casey on the other hand thought Commissioner Doran brought a needed balance to the Commission and since she did plan on moving back to Town no action should be taken. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to terminate Commissioner Dorm's term on the Planning Commission as she was no longer a resident of the Town. AYES: Mayor Pro Tem Johnson and Councilmembers Hubbard and Siegel NOES: None ABSENT: Councilmember Dauber ABSTAIN: Mayor Casey It was also noted that with the recent resignation of Commissioner Finn, the Planning Commission had reached a membership of five which had recently been agreed upon by Council. Thus, no new appointments would be made. 6.2 Approval of Encroachment Permit for Construction of Sewer Line for Quarry Hills Subdivision through Juan Prado Mesa Preserve Jim Sisk, representing the applicant Mr. Vidovich, noted that they concurred with the proposed conditions. yow July 16, 1997 Regular City Council Meeting James Scott, arborist, commented on the tree locations as related to the proposed sewer line and answered questions from Council about the impact on certain of these trees. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously by all members present to approve the encroachment permit for construction of a sewer line for Quarry Hills Subdivision through Juan Prado Mesa Preserve subject to the conditions stated in Exhibit A to the 7/16/97 staff report, with the following additions: summer watering shall be done and the large oak new manhole #3 shall be included. Jim Sisk, representing Mr. Vidovich, noted that Mr. Vidovich would like to put in four foot curbs. Council stated that this matter had not been agendized for discussion at this meeting and would need to be scheduled for a future Council Meeting. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8.1.1 Set Special City Council Meeting to award contract for Robleda Drainage Basin Storm Drain Improvement Project FY 96-97; or consideration of rescheduling Council Meetings in August PASSED BY CONSENSUS: It was agreed this meeting would be scheduled for 5:00 p.m. (,, on Monday, July 28'". �r 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL -INITIATED ITEMS 9.1 Cities Association (Mayor Pro Tem Johnson) Johnson reported that Mike Evanhoe had given an excellent presentation on deficiency plans and impact fees. 9.2 Magdalena Path (Mayor Casey) Casey referred to the letter from Mr. May concerning the path on Magdalena and noted that she agreed with the Chairman of the Pathways Committee that the path across the street from Mr. May's home was in better shape that the one on his side of the street. However, she thought the entire Magdalena Path was in poor shape and asked staff to look into it. 9.3 Magdalena and Stonebrook Connecting Path (Mayor Casey) Casey asked about the status of this path and the City Manager responded that the owner was thinking of developing the area in which case the path would be included at that time. Discussions would also take place with California Water regarding rights to the path. July 16, 1997 Regular City Council Meeting 9.4 League of California Cities Conference (Mayor Casey) Casey noted that they had received the announcements for the Annual League of California Cities Conference to be held in October in San Francisco. PASSED BY CONSENSUS: Authorization was given for any Councilmember to attend the Annual League of California Cities Conference and to stay in San Francisco for up to two nights ifthey wished. 9.5 Planning Commission Attendance at Council Meetings (Mayor Casey) Casey stated that she did not think Planning Commissioners should address the Council during appeal public hearings. She did not think this was fair to the applicants. PASSED BY CONSENSUS: Council agreed that it was inappropriate for Planning Commissioners to address the Council during discussions of appeals unless they were immediate neighbors or asked questions directly by Council. 10. PRESENTATIONS FROM THE FLOOR Jim Abraham, 12831 Viscaino Road, addressed the issue of using Moffett Field for air cargo purposes and urged Council to take a strong stand against this. He had years of experience as a pilot and was familiar with air cargo operations. Air cargo was noisy, was done late at night and involved the use of older planes which raised a safety issue. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a new residence, Lands of Clevenger, 14400 Kingsley Avenue This request for a site development permit for a new residence at 14400 Kingsley Avenue had been approved by the Planning Commission at their June 1 F" meeting. An appeal had since been filed by Councilmember Siegel questioning whether the house had been appropriately sited on the lot to protect the neighbors' views. Walter Chapman, applicant's designer, addressed the location of the house. Before they had submitted their plans they had met with the neighbors and as a result of their input had relocated the house on the site. It had seemed a compromise that everyone accepted. Since then they had received negative input from a neighbor about the location. They realize that they can not please all the neighbors and are looking to Council for direction. Mrs. Korman, 26157 Altadena, commented that she lived across from the project and had lived in Town for twenty five years. She supported the current siting of the house. If it was moved further up she believed it negatively impacted open space and if moved farther down it resulted in a crowded corner. Mr. Ewald, 26131 Altadena, noted that they were buying a lot in this area and had understood that the Clevenger house would be in the location approved by the Planning Commission. He supported this location. Erik Cleage, 26140 Rancho Manuella Lane, did not support the present location of the house. It resulted in a loss of privacy on his lot and he did not believe it was in conformance with the Town's design guidelines. July 16, 1997 Regular City Council Meeting Robert Frank, 2858 Sacramento Street, requested that the proposal as submitted be rejected. It was not in the best interest of the neighbors and had a negative effect on property values. John Komo, applicant's contractor, commented that in addition to being involved with this project, he was also a resident of the Town. In his opinion the Clevengers were very diligent, had worked with the neighbors, had complied with the rules and were very interested in moving back to their hometown. Council discussed the various options for locating this house and agreed that the present siting seemed to be the best compromise. They agreed that there was no location on this lot which would please everyone but the site development process would include extensive review of the landscaping of the house. At that time neighbors would again have the opportunity to comment on the project. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve the site development permit for a new residence and modification of condition of map approval limiting floor area for Lands of Clevenger at 14400 Kingsley Avenue, subject to the conditions of approval as recommended by the Planning Commission. 11.2 Request for a Site Development Permit for a new residence, Lands of Vellequette, 25505 Bledsoe Court The Planning Commission approved this request for a site development permit at its June 11'" meeting with the following added condition: "The tower element on the front elevation shall be lowered such that the roofline is at approximately the same level as the highest adjacent roofline of the structure". The applicants had appealed this added condition. Mrs. Vellequette, applicant, explained to the Council their reasoning for wanting to keep the tower element at its proposed height. She noted that the design of the home was Santa Barbara Mission Style and this was an important architectural feature. They were aware of the visibility from Moody Road and therefore high emphasis was placed on screening. They had also doubled the setback from Moody Road. All of the neighbors were supportive of their project. Term Knorr, applicant's architect, referred to the plans and stated that if the tower element was lowered it flattened out the roof which negatively affected the house design by making it look more massive. He believed the tower element provided needed relief. Mr. Knorr also addressed the screening plans for the project. Dot Schreiner, Planning Commissioner, believed the impact of the house needed to be reduced and the height could be reduced by reducing the size of the house. It appeared to be a three story house and the tower element became a dominant feature of the house. Council discussed the request before them for the tower element. They commented on the well done design of this home and concurred that the element did not impact the neighbors and was a part of the integral design of the home. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously by all members present to approve the request for a site development permit for a new residence for Lands of Vellequette at 25505 Bledsoe Court, subject to the conditions of July 16, 1997 Regular City Council Meeting approval as recommended by the Planning Commission with the deletion of the following condition: "The tower element on the front elevation shall be lowered such that the roofline is at approximately the same level as the highest adjacent roofline of the structure". 11.3 Adoption of Ordinance amending Section 10-2.10 (Outdoor Lighting) of Chapter 2 (Site Development) to provide a purpose statement and clarifying language (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to continue this item to the next Council Meeting at which the outdoor lighting policy will be discussed. 4. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:20 p.m. Respectfully submitted Patricia Dowd City Clerk %W The minutes of the July 16, 1997 City Council Meeting were approved at the September 3, 1997 City Council Meeting. July 16, 1997 Regular City Council Meeting 10