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HomeMy WebLinkAbout08/20/1997Minutes of a Regular Meeting August 20, 1997 Town of Los Altos Hills City Council Regular Meeting Wednesday, August 20, 1997, 6:30 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City Council to order at 6:30 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Dauber, Hubbard and Johnson Absent: Councilmember Siegel Staff: Acting City Manager Carol Ferrell, Acting City Attorney Dan Siegel, Planning Director Curtis Williams, Public Works Manager Jim Rasp, Assistant City Engineer Sheryl Proft and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Environmental Design and Protection Committee Donna Raynor, 12799 Dianne Drive, commented that she wanted to get more involved in the community and she was interested in the Environmental Design and Protection Committee. She had attended a couple of their meetings and had the time to devote to their meetings and projects MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to appoint Donna Raynor to the Environmental Design and Protection Commmittee for a two-year term. 3. PLANNING COMMISSION REPORT The Planning Director commented that the Commission had not met since the last Council Meeting but he did note that the Planning Commission had scheduled a meeting for September 16' to discuss the housing element. 4. CONSENT CALENDAR MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve the Consent Calendar, specifically: 4.1 Approved grant of conservation easement, Lands of Duncan, 12254 Tepa Way -- Reno #62-97 4.2 Approved grant of storm drain easement, Lands of Rogez, 25561 Fremont Road — Reso #63-97 August 20, 1997 Regular City Council Meeting 4.3 Approved final map and subdivision improvement agreement, Reed 1,, fir' Subdivision, 13940 La Paloma Road — Reso #64-97 4.4. Approved Warrants: $239,399.55 (8/8/97) Dauber referred to the new format for the warrant list and commented that she preferred to see the account numbers listed for easy reference. Staff noted that this format was indeed only temporary. 4.5 Accepted Dedication of Right of Way, Lands of Rabbani, 25630 Darling Lane — Reso #65-97 4.6 Approved agreement with Aleuron Systems for Computer Consulting Services — Reso #66-97 5. UNFINISHED BUSINESS 5.1 Update on contract negotiations with LAGCO and request for extension of deadline for negotiations Bill Jones, General Manager - Los Altos Garbage Company, noted that they had received the draft contract this afternoon and were in the process of reviewing it. PASSED BY CONSENSUS: To extend the deadline for contract negotiations with the Los Altos Garbage ComRany until August 29' and if a contract is agreed upon set the public hearing for September 17 . It was further agreed the City Manager would obtain Council comment on the notice to he sent to residents on this issue. 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence It was agreed that the Mayor would send letters to those writing about the yardwaste center advising them that this issue would be discussed at a public hearing of the Council. In addition, it was agreed that Mr.and Mrs. Grey should receive a response to their letter on the proposed school project for the Morgan Manor. Regarding the two letters received concerning the Lands of Butts, it was agreed that if Council wished to respond they could do so individually. 9. COUNCIL -INITIATED ITEMS 9.1 Authorization to attend the Elected Officials Leadership Academy Fall Workshop — League of California Cities, October 11, 1997 - San Francisco August 20, 1997 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed L. unanimously by all members present to authorize attendance at the Elected Officials Leadership Fall Workshop. 9.2 Designation of Voting Delegate for League Annual Conference — San Francisco — October 12-14, 1997 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously by all members present to designate Councilmember Dauber as the Towns' voting delegate unless the Mayor determined she would be able to attend the conference in which case she would be the voting delegate. 9.3 Set date for a Joint Meeting of the City Council and Planning Commission (Mayor Casey) PASSED BY CONSENSUS: To schedule ajoint meeting of the City Council and Planning Commission for Wedesday, October 29'". 9.4 Flood Control (Councilmember Dauber) Dauber commented that she had recently attended a Flood Control Meeting and had received an informational and well done map and pamphlet on San Francisito Creek. 9.5 Outdoor Lighting (Mayor Casey) Casey raised the issue of directing the Planning Director to distribute her comments on the {� outdoor lighting issue to interested parties as well as Council's comments. She further asked that �r a notice on the outdoor lighting policy be included with the Town-wide mailing on solid waste issues. The Acting City Attorney stated that since this was not an agendized item it could not be discussed unless it was voted on as an urgency item. Council did not make such a vote nor did they agree to include a notice on outdoor lighting with the notice on solid waste issues. 9.6 Site Visit to property at 24708 Voorhees Drive (Councilmember Dauber) Dauber inquired about a site visit made to Lands of Butts at 24708 Voorhees Drive by the Planning Director and Mayor after a Council decision on this project. Casey explained that she had gone with the Planning Director because there had been confusion and communication difficulties regarding this project and she wanted to help prevent any further misunderstandings. Councilmembers stated that they thought it was very unusual and inappropriate for the Mayor to make such a visit with staff. Staff should handle the decisions made by the Council. 10. PRESENTATIONS FROM THE FLOOR Mike Schoendorf, 13435 Byrd Lane, questioned the positioning of the power poles on his neighbors' building project. It was agreed staff would look into this situation. Hill Reiser, 27640 Red Rock Road, referred to his recent letter to the Council on the issue of the rotating beacon light at Moffett Field which negatively impacts certain homes in the hills. It was agreed the Public Works Manager would contact the appropriate people at Moffett to see if this could be resolved. August 20, 1997 Regular City Council Meeting Gary Wesley, Mountain View, and Dave King, Sunnyvale, each addressed Council on the usage of Moffett Field for air cargo services. They strongly urged Council to join Los Altos in their opposition to this use for Moffett Field. They referred to the resolution adopted by Los Altos on this issue and urged the Council to take a similar stand. 11. PUBLIC HEARINGS 11.1 Request for a site development permit and a conditional development permit for a new residence and variances to allow the maximum floor and development areas to be exceeded, Lands of Jansson and Sessions, 26415 Anacapa Drive This project was first heard by the Planning Commission on June 250 at which time it was continued for redesign to reduce the development area. It was next heard at the Commission's July 23rd meeting at which time the project was denied in part because of concerns about the amount of development area and the location of the carport. Kent Sessions, applicant, confirmed that this process had been going on for about eight months. They had worked hard to address the geotechnical concerns and had done additional boring tests. In addition the architect was experienced in hillside development and they had reduced the sine of the house and moved the carport. Mr. Sessions did comment that in 1985 a 7,000 square foot house had been approved for this lot by the Town's Geologist, William Cotton, with no neighbor opposition. Fred Herring, applicant's architect, addressed the geotechnical concerns and commented that the Town's Geologist, William Cotton, had approved this project. Mr. Hering further explained the siting of the house, the revised location of the driveway and the amount of development area of %W the project. David Jones, applicant's engineer, addressed the amount of soil over bedrock, the setting of the house in the hillside, the number of borings done and the results and the use of retaining walls. He supported the project stating that this development would greatly improve the stability of this lot. 09 John Harpoothan, 26435 Anacapa, stated that they lived directly below this project and did not support the application as submitted. He did not concur with the findings of the geotechnical report and thought the house was too large. In addition he questioned the placement of the driveway in a slide area and the visibility of the carport. Mr. Harpoothan further stated that this lot had a history of major slide activity and he believed insurance should be provided by the applicant's engineer for at least a five year period in the event of negative results from the project. Thomas Potter, 13034 LaCresta and John O'Rourke, 13000LaCresta each addressed the Council in support of this project. They had met with the applicants and the geologist and believed the proposed development would improve the drainage in the area. This project also did not impact their views. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed by the following roll call vote to approve the conditional development and site development permits for a new residence and variances to allow the maximum development and floor areas to be exceeded, subject to the findings and conditions of approval as recommended by the Planning August 20, 1997 Regular City Council Meeting Staff and amended by Council as follows for Lands of Janssen & Sessions, 24615 Anacapa Court: 1) direct staff to add conservation easements in appropriate areas to address stability; 2) floor area = 3,800 square feet and development area = 5,600 square feet; 3) enclosed two car garage; 4) shift structure ten feet; 5) back up area at least ten feet from setback; 6) move driveway around pepper tree; 6) references to Los Altos School District should be changed to Palo Alto School District; and 7) the following statement should be deleted from variance finding number one: `similar in size to that on other properties in the surrounding neighborhood'. AYES: Mayor Casey and Councilmembers Hubbard and Johnson NOES: Councilmember Dauber ABSENT: Councilmember Siegel Dauber stated that she voted no on this project because she believed 3,800 square feet was too much floor area for this lot. 11.2 Request for a site development permit for a new residence, pool and spa, Lands of Sachs, 14245 Berry Hill Court The Planning Commission had approved this project on July 23`d with the condition that the height of the house be reduced four feet. An appeal of this decision had been made. Mr. Sachs, applicant, addressed the issue of visual impact and did not believe that his project would have a negative impact because the trees would block the roof line. He believed the project blended into the neighborhood and was aesthetically pleasing. Mr. Sachs commented on the requested height for the house and explained that the height was needed for the desired internal living space. On the subject of the proposed height, he also commented that the story �W poles had been incorrectly placed and the height was actually two feet lower than the poles indicated. Dan Adams, applicant's architect, explained the design of the home and how the reduction in height would result in a boxy look to the house. Tom Griffiths, 14125 Berry Hill Lane, supported the Planning Commission's decision to reduce the height of this house by four feet. He did not believe this house blended in well with the neighborhood and the trees would not block the view of the house. Lloyd Yelton, 14100 Berry Hill Lane, stated his objection to the size of this home, the height and pool location. He thought the house was too big, the pool was too close to his home and his view would be negatively impacted. Mrs. Yelton, 14100 Berry Hill Lane, commented on the landscaping on Berry Hill. The trees already blocked clear visibility and more trees could increase the possibility of accidents. Lance Sachs, applicant's son, explained the error in placing the story poles and the negative impact a height reduction would have on the house design. Council discussed the height issue before them and noted that the story poles had been incorrectly placed. Hubbard stated that while he agreed that some sites required additional restrictions, he did not believe this site was one of those. Casey agreed with Hubbard. Hubbard moved approval of the site development permit without the height restriction. Casey seconded ` the motion. Johnson stated that the motion would be a two -two tie. Therefore, Hubbard tar withdrew his motion and Casey her second. August 20, 1997 Regular City Council Meeting %V Iq L7 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unanimously to approve a site development permit for a new residence and pool for the Lands of Sachs, 14245 Berry Hill Court subject to the conditions of approval recommended by the Planning Commission and amended by Council as follows: Condition A.1, first sentence should read: `The height of the residence shall be reduced by two feet through lowering of the building pad, finished floor or plate lines, and/or changing of the roof pitch'. 11.3 Appeal of notice of violation for grading without permit, Lands of Garces, 26101 Elena Road Council had before them the staff report which outlined the background on the Garces project. It was noted that since the summer of 1994 the Town had attempted to require that the illegal grading be corrected including the removal of unpermitted fill. Specifically, the fill which was added should be removed and the grades at the property line should be revised to match the previously existing levels; the fill should be removed so that the drainage swale matched the approved plans and so that the grades at the property line matched the grades at the neighboring property level; and the retaining walls should be moved to the thirty foot setback and dirt removed to restore the grade within the setback to that shown on the approved plans. Robert Burmeister, Jr., Mr. Garces' attorney, referred to the July 22, 1997 letter to Mr. Garces from the Town's planning director and stated that Marvin Wolfe was at the project completing some of the requirements at this time. Further, they planned to complete all the requirements within a couple of days. He asked that the Council defer filing the notice of violation until September 171band if the work was completed extend the site development permit as requested. Richard Pierce, attorney for Mr. and Mrs. Douglas, stated that his clients, neighbors of the Garces, had been dealing with these violations for two and one half years. They had contacted the Town about the initial violations and had repeatedly asked that the situation been corrected. Mr. Pierce shared pictures of the Garces property to verify the concerns of his clients. Mr. and Mrs. Douglas, 12469 Robleda Road, addressed the Council with their concerns. This situation had been going on over two years and they still had what amounted to a thirteen foot wall when one looked at the piled dirt over the fence top. They had experienced flooding as a result on their property as well as having their landscaping ruined. They had even tried to sell their home they were so upset but potential purchasers expressed concerns about the neighboring property as well and questioned when it would be resolved. Mr. Fabian Garces, 26101 Elena Road, apologized to his neighbors and acknowledged that mistakes had been made. He was, however, in the process of getting the work done. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to direct staff to file the Notice of Violation immediately on 26101 Elena Road; to direct the City Attorney to initiate legal action to require the remedial grading to be completed, if such grading is not completed to the satisfaction of the City Engineer prior to September 15, 1997; and to direct staff to deny the applicant's request for extension of the site development permit for a major addition, remodel, pool and cabana. August 20, 1997 Regular City Council Meeting 01 MO 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned at 11:55 p.m. Respectfully submitted Patricia Dowd City Clerk The minutes of the August 20, 1997 City Council Meeting were approved at the September 3, 1997 City Council Meeting. August 20, 1997 Regular City Council Meeting