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
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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.
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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
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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
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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