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HomeMy WebLinkAbout10/15/199716W Minutes of a Regular Meeting October 15, 1997 Town of Los Altos Hills City Council Regular Meeting Wednesday, October 15, 1997, 6:00 P.M. Council Chambers 26379 Fremont Road CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Dauber, Hubbard, Johnson and Siegel 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 Appointment to Environmental Design and Protection Committee Dolores Yelton, 14100 Berry Hill Lane, commented that she was familiar with planting issues and was interested in participating on the Environmental Design and Protection Committee. She further noted that she had the time to attend the meetings of this committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to appoint Dolores Yelton to the Environmental Design and Protection Committee for a two-year term. 2.2 Appointment to Community Relations Committee Ingrid Jackson MacDonald, 12455 Briones Way, expressed her interest in serving on the Community Relations Committee and improving methods of communication and participation in the Town. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously to appoint Ingrid Jackson MacDonald to the Community Relations Committee for a two-year term. 2.3 Appointments to North County Library Authority MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to appoint Dottie Harrison Brown to the North County Library Authority for a four-year term and to reappoint Elayne Dauber to the North County Library Authority for a four-year term. October 15, 1997 Regular City Council Meeting 2.4 Certificates of Appreciation to Shelley Doran, Steve Finn and Viole McMahon for their contributions on the Planning Commission The Mayor presented Viole McMahon with a plaque in appreciation for her contributions on the Planning Commission. Since Shelley Doran and Steve Finn were not present their plaques would be delivered to them. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following applications were heard at the October 8, 1997 Planning Commission Meeting: 1) Lands of Wong, 12354 Priscilla Lane: request for a site development permit for a landscape plan - continued; 2) Lands of Yanez, 26242 Fremont Road: request for a site development permit for a new residence - approved; and 3) Lands of Ferrari, 12500 Corbetta Lane: request for a site development permit for minor additions, detached garage and major remodel of an existing residence over a fault - denied. 4. CONSENT CALENDAR Item Removed: 4.1 (Dauber) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Decided Not To Review the following Planning Commission Action at its meeting on September 24,1997: 4.2a Lands of Stowe, 14555 Miranda Road: approved request for a Site Development Permit and a Conditional Development Permit for a minor addition and variance to exceed the allowable floor area and to encroach into the side yard setbacks. 4.3 Grant of Storm Drain and Conservation Easements, Lands of Do, 11240 Magdalena Avenue — Resolutions #77-97 and #78-97 4.4 Grant of Pathway and Conservation Easements, Lands of Coffman, 25280 Cantata Way — Resolutions #79-97 and #80-97 4.5 Adoption of Ordinance #390 amending Article 10-2.10 (Outdoor Lighting) of the Site Development Code to add a purpose statement and clarifying language Item Removed: 4.1 Approval of Warrants: $84,077.65 (10/1/97) Dauber referred to charges for microfiliming services and wanted to be sure the minutes and agendas were also being saved on disks. Staff advised her that they were. Dauber also referred to the water bill for the little league fields and noted that it seemed quite high. The Finance Director explained the costs and the billing process but Dauber commented that the bill seemed to indicate a leaking sprinkler system. The City Manager reiterated his concerns about the landscaping and watering of the little league fields and the lack of control over this service by the Town as it was handled by the Little League Board. October 15, 1997 Regular City Council Meeting 1%W passed SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to approve the warrants in the amount of $84,077.65 (10/1/97). 5.1 Request for extension of subdivision agreement - Lands of Elmberg, Taaffe Road Jack Elmberg, applicant, was requesting a one-year extension from the Council for the completion of the subdivision improvements. He listed the reasons for the delays, the accomplishments to date and his qualifications for completing this project. He felt certain that the improvements to Taaffe Road would be completed by the end of October. The City Manager gave a brief history of this twelve year subdivision. He stated that this project had been going on for an inordinate amount of time and there were other improvements that needed to be completed besides Taaffe Road. He did think, however, that it was possible to complete the improvements in about six weeks. Casey did not necessarily think it was in the best interest of the Town to pull the bond. She thought the delay had actually been a benefit to the Town in that the land had remained open space. Siegel disagreed stating that this final map had been approved a year and a half ago and the lots could be sold. He thought this put the Town in a vulnerable position. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to deny the request for extension of the subdivision agreement for Lands of Elmberg at 26731 Taaffe Road and to direct the City Manager to either initiate the process to call the bond or to grant an extension if the improvements were not completed %r by October 31, 1997. 5.2 FY 97-98 Goals and Objectives — First Quarter Status Report Council thanked the City Manager for the well done first quarter status report of FY 97-98 goals and objectives. 6.1 Award of Contract for the Byrd Lane Storm Drain Culvert Replacement - Resolution # MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to adopt Resolution #81-97 awarding a contract for the construction of the replacement Byrd Lane Storm Drain Culvert. 6.2 Proposal to Relocate Pathway Easement and Public Utility Easement at 2615 Altadena Drive, Lands of Korman/Fink Mr. Korman, applicant, explained their request to the Council that the off-road path over the former Lowell Lane connecting Altadena Drive to Esther Clark Park be abandoned and the pathway located along Kinsley Way be designated as the best all-weather connection to Esther Clark Park. Mr. Korman commented that for years his parents agreed to the use of the path on their property but in the past few years he and his family were having to act as policemen. There had been a marked increase in traffic and they had experienced some October 15, 1997 Regular City Council Meeting very unpleasant and nasty people using the paths. They felt the all-weather path path was inappropriate for the rural nature of this path and there was also a parallel path along Kinsley. Dean Clarke, Los Altos, stated that he used to own this property and he gave a brief history of the lots. At one point the Town did not want access to Esther Clark Park at that location. In 1988 a section of Lowell Lane was vacated and abandoned as public right of way, a public utility easement was retained and a pathway and trail easement was granted. Stephen Combs, 26640 Snell Court, supported Mr. Korman's request for abandonment. The path on Lowell was under water most of the time in winter and could not be an all weather path. He also noted that there was a parallel path on Kingsley. Rosemary Bittman, 14350 Manuella, stated that in her opinion this was a very important access to Esther Clark Park which had been used as a path for fifty years. She further stated that this decision would affect a lot of people other than those who lived nearby and she did not think it had been properly noticed. PASSED BY CONSENSUS: To continue this matter to the November 5, 1997 City Council Meeting and to schedule it for a public hearing on that date. Council further noted that the legal notification process would be done including dial agenda and agenda digest in the Town Crier. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Community Relations Committee 7.1.1 Community Relations Committee attendance at Council Meetings Roy Woolsey, Chairman of the Community Relations Committee, addressed the committee's suggestion that they attend Council Meetings, assist in handing out agendas, possibly provide coffee and/or refreshments and perhaps have questionnaires available to get input from applicants. Council discussed these suggestions and in general agreed with them. They did note however that serving refreshments may not be convenient or appropriate as the Chambers were not very large. Council also recommended that the committee members attend Planning Commission Meetings. In this regard, as there were not very many committee members, they may want to be selective as to which City Council or Planning Commission Meetings they attended. Regarding the questionnaire, Council suggested that the committee further discuss what they would envision this questionnaire to include. Roy Woolsey, Chairman of the Community Relations Committee, thanked the Council for their input and stated they would discuss this further at their next meeting. 7.1.2 Approval of letter regarding Los Altos Hills Town Float for Festival of Lights Parade Roy Woolsey, Chairman of the Community Relations Committee, referred to the letter the committee wanted to send to local organizations regarding the Town Float In this letter they were asking if anyone was interested in sponsoring the float for the Town. This sponsorship would include refurbishing as well as storing the float. October 15, 1997 Regular City Council Meeting `, Council concurred with this letter but requested the committee to also include the option of giving the float to anyone who might want it. 8. STAFF REPORTS 8.1 City Manager 8. 1.1 Emergency Operations Meeting The City Manager reported that an Emergency Operations Meeting was scheduled for December 4' at Town Hall. 8.1.2 Robleda Storm Drain Project The City Manager reported that this project had been completed. 8.1.3 Page Mill Road Retaining Wall Project The City Manager reported that this project had been completed. 8.1.4 Pavement Management Project The City Manager reported that this project was almost done. 8.2 City Attorney 8.3 City Clerk 9. COUNCIL -INITIATED ITEMS 9.1 Request of Council to Consider Setting a Study Session Regarding 11890 Francemont Drive (Kerns). Betty Kerns, applicant, presented the Council with ten letters of support and a petition (139 signatures) for their project. She stated that they had additional information to present and were requesting a study session with the Council to discuss their project. Specifically they were looking for guidance from the Council on the aesthetic issues of their project. If the technical issues of the lot were resolved, she wanted to know if they could build on the upper site. Mr. Joseph Goodman, 11199 Rhus Ridge, commented that he had lived in Los Altos Hills since 1962 and the proposed Kerns' home was across from his. He thought this home improved his view and also noted that his house was on a ridge line and it fit into the land. Hubbard stated that he thought the decision on this project had been clearly stated at the September 17" City Council Meeting and the upper lot was not acceptable. Johnson pointed out that the Council would be seeing information at this proposed study session which had not been reviewed by the Planning Commission and he thought this was inappropriate. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed by the following roll call vote to deny the request to schedule a study session on the Lands of Kerns. October 15, 1997 Regular City Council Meeting AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Casey 9.2 Los Altos Garbage Company (Mayor Casey) Casey inquired about the status of the discussions with the Los Altos Garbage Company on the yardwaste center. The City Manager responded that the Council subcommittee had met to discuss this matter and presently the General Manager of the Los Altos Garbage Company was putting together a report which included a mix and match method of different services including a cost per service statement. The Council would be updated as these preliminary reports were received and reviewed. 9.3 City Selection Committee (Mayor Pro Tem Johnson) Johnson reported that he needed some direction from Council regarding appointments to the Metropolitan Transportation Commission. Jean McCown had one year left on her term on the MTC but she would be leaving the Palo Alto City Council in November. Council agreed that continuity was needed as well as knowledge of the issues at hand. They agreed that not only should such appointments be made from elected officials but also from the membership of the Valley Transportation Authority. 9.4 League of California Cities (Councilmember Dauber) Dauber reported that the resolution concerning ambulance services had been modified but passed. In addition the League was supporting increasing the standards on sports utility vehicles. She further commented that she attended a session on group problem solving which was interesting. 9.5 Letter to the Editor (Councilmember Hubbard) Hubbard reiterated his concerns about the misleading statements on tumarounds in setbacks which had gone out in a postcard from the Los Altos Hills Civic Association. In response he had written a letter to the editor of the Town Crier which he asked the Council to sign. Casey stated that she could not sign the letter as prepared by Hubbard because although she agreed there were some incorrect statements in it, the postcard had informed residents about an important issue. She repeated that she had asked Council before to send out notices to residents on such issues. Council had not agreed with her but she believed if it were done that way the information going out would be correct. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to send the following letter to the editor of the Town Crier: "The Town Council commends the efforts of the Los Altos Hills Civic Association to inform our citizens and encourage participation in Town Government. However, having taken on this responsibility, they must do their homework and get the facts straight. Iva October 15, 1997 Regular City Council Meeting Unfortunately, this past week information (yellow postcard) sent by the Los Altos Hills Civic Association to many of our residents was not accurate. The mailing which stated that the Town Council voted to bar driveways from the side yard setbacks and require homeowners to tear out non -conforming driveways when remodeling is not correct. There has not been any vote or Council initiated action regarding barring driveways from side yard setbacks. The only item being discussed is whether to restrict backup and parking areas from the setback areas. Los Altos Hills Town staff had to spend many hours, of what could have been productive working time, explaining to homeowners the misconceptions and inaccuracies in the postcard. The inaccurate, alarmist information became a disservice to the Town and its residents. Caring citizens with accurate information are vital to the decision making process of the Council. We urge the Los Altos Hills Civic Association to check their message with Town staff for any future mailings." AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Casey 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Proposed Uses of Moffett Field Vanya Sloan and Sally Lieber, representing the Alliance for a New Moffett Field, expressed their interest in seeing the future uses of Moffett Field serve the communities and enhance the quality of life. They concurred with the strong positions taken by Monte `' Sereno and Los Altos against the use of air cargo at Moffett. Lee Bright, Sunnyvale, referred to the Kraft Program and noted that up to thirty eight airlines would be able to use Moffett for air cargo, if approved, not just DHL and UPS. This could soon escalate to hundreds of flights a day and could ultimately end with Moffett an international airport. The following expressed their opposition to the use of Moffett for air cargo: Marjorie Evans, 14511 DeBell Drive; Carl and Myra Orta, Los Altos, Lois Hogle, Old Page Mill Road; Gary Wesley, Mountain View; Bill Moynes, Los Altos; and Bob Russ, 12374 Melody Lane. Their concerns included safety, noise and air pollution. Mr. Wesley noted that the pressure was on NASA to use other parts of Moffett Field and they will surplus the land and open it up to other groups. Mrs. Orta believed this was a regional issue and that neighbors should help each other out. She further commented that the grandfathered rules for San Jose would not apply to Moffett and the quality of life would be negatively impacted. Mr. Rust commented that uses change such as the change in the use of the Presidio. Dave Pilling, 12849 Canario Way, commented on the strong smell of kerosene near airports. Les Earnest, 12769 Dianne Drive, stated that he had lived in Town for thirty one years and he did not believe the sound of planes overhead was a real issue. He suggested that those with their own political agendas fight their own battles. Nancy Fouquet, 13470 Robleda, stated that she had lived in Town for thirty four yews and she was also a pilot. She thought this was a non issue in the Town as the air traffic did not go directly over Los Altos Hills. Ms. Fouquet noted that Moffett was an important facility and should be appropriately used for aviation purposes. October 15, 1997 Regular City Council Meeting Scott Overstreet, 23200 Encinal, concurred with Ms. Fouquet's comments. He believed the presence of NASA at Moffett was an important one and the Town should take a position that would make Moffett financially feasible. Mr. Overstreet concluded by saying that the majority of residents in Los Altos Hills came after Moffett Field. Hubbard did not support issuing a resolution stating the Town's opposition to air cargo use at Moffett Field. Los Altos Hills had not been asked to participate in the study group on this issue and he thought it was insulting to Mountain View and Sunnyvale to adopt such a resolution without studying the entire issue. Hubbard understood there might be a budget shortfall for NASA to stay and limited flights might be necessary to keep NASA at Moffett. He believed the Town should abstain from voting on this issue. Johnson did not believe that the shortfall to NASA which was mentioned was significant; they had a huge budget. Dauber recommended that Moffett be considered as the new site for the United States Geological Survey. Siegel commented that this was a federal issue but supported adopting a resolution against the use of Moffett for air cargo or commercial and/or general aviation. Casey noted that this was a complicated issue and one could understand the arguments on both sides. However, she would vote in support of adopting such a resolution because she was concerned about the Town having no control over future decisions for Moffett. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to direct staff to prepare a resolution to be voted on at the November 5" Council Meeting stating that the Town strongly opposes the use of Moffett Federal Airfield for any of the following uses: air cargo, commercial and/or general aviation, expanded aircraft maintenance, an engine testing facility or the expansion of airfield operations beyond that which is reasonable and necessary to provide for the transport or government and commercial space products proposed as one of the initiatives itbr of NASA Ames. AYES: Mayor Casey and Councilmembers Dauber, Johnson and Siegel ABSTAIN: Councilmember Hubbard 11.2 Request for a modification of a condition of approval of an approved Site Development Permit requiring construction of a pathway, Lands of Simmons, 26350 Esperanza Drive Mr. Simmons, applicant, noted that he supported the Town's pathway system but in this case would rather pay a pathway fee which could be used in a more suitable location. The proposed path on his property in his opinion did not make any sense since there was a path already there and since the path did not go anywhere. In addtion he felt that a Type IIB path would unsightly from his neighbors' viewpoint. Mr. Simmons further commented that he felt there was a serious safety issue in putting in such a path with cars coming over the hill with limited site visibility. Les Earnest, Chairman of the Pathways Committee, reiterated the committee's recommendation that a Type IIB path be installed at this location. Regarding safety he felt that path users could hear cars coming over this hill. He commented that a Type IIB path was an all weather path and in his opinion the cost of installing a Type IIB path was the real issue. Jack Valladao, 26363 Esperanza, noted that he had lived in the Town for thirty four years and he supported the statement that this was a real safety issue. There had been several vehicle accidents on Esperanza and he believed pedestrians using this proposed path would be a real safety concern. October 15, 1997 Regular City Council Meeting Leonard Sherman, 12795 Viscaino Road, inquired if anyone used the path there now and commented that he did not think the Type IIB path made any sense. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to grant the applicant's request to delete the requirement for construction of a Type IIB pathway along the property frontage at 26350 Esperaom and to require a pathway fee to be paid to the Town. 11.3 Adoption of Ordinance amending Section 10-1.505(A) of the Zoning Ordinance to limit backup and turnaround areas within required setbacks (SECOND READING) Hubbard referred to the postcard on this issue which had been mailed by the Los Altos Hills Civic Association. He was quite concerned because it had included several misleading comments, although he felt it was a well intentioned effort to inform the residents. The Planning Director commented that driveways had always been permitted in setbacks but turnarounds had been a rather ambiguous issue. The Planning Commission had been seeing a lot of new homes which tended to want to use all of the development area and this ordinance was a further protection of the setback areas. For existing lots there would be no change unless the owners were exceeding existing development area when remodeling. The following residents addressed the Council stating their opposition to the proposed ordinance limiting backup and turnaround areas within required setback areas: Mr. Douglas Pedersen, 26910 Dezahara; Al Jackson, 26088 Duval; Ms. Fog, 26800 Taaffe Road; Mrs. Tiets, 12640 Corte Madera; Gary Hill, 13870 Canario Way; Pete Foley, 13124 Byrd; David Sandlin, 25720 Charado Court; Bob Hall, 12140 Foothill Lane; Andy Danver, 13474 Robleda; Mr. Chang, 27220 Carrington Circle; Dave Pilling, 12849 Canario Way; Hugh March, 13101 La Paloma; Resident, 27741 Via Cerro Gordo; Mr. Cano, 28300 Christophers Lane; Anthony Chan, 24801 Prospect Avenue; Robert Kelly, 26644 Purissima; Bob Russ, 12374 Melody Lane; Tony Jurvetson, 27765 Via Ventana; John Ploss, 13349 La Cresta; Scott Byrd, 25961 Venedo Lane; Scott Overstreet, 23200 Encinal Court; Tom Ciotti, 26635 Taaffe. They believed this ordinance was too restrictive, would negatively affect property values, would limit any changes they might want to make to their lots; would virtually make all of their lots nonconforming; and would negatively impact the personal enjoyment of their lots. Furthermore, they did not understand why, if there had been so few complaints concerning turnarounds, this ordinance was being discussed at all. They did state their appreciation for receiving the postcard even if it did contain some misstatements. They expressed concerns that such an ordinance could be passed without public input. On a different subject, Donna Gorzynski, 12400 Casa Mia Way asked that the issue of patios and pools in setbacks be readdressed by the Council. Sandra Humphries, 26238 Fremont Road and Jean Struthers, 13690 Robleda stated their support for the ordinance. They commented that over the years the Town's ordinances changed thus making probably the majority of lots in the Town nonconforming. This should not be a concern in their opinion. They further stated that this ordinance was a vehicle for protecting the setbacks and the mral character of the Town. They also expressed concerns about the flyer which contained misinformation which in their opinion intentionally created chaos. Dauber stated that this ordinance did not negatively affect property values. The Town's setbacks were being intruded upon and this ordinance was intended to promote a feeling of 1%W October 15, 1997 Regular City Council Meeting space. The ordinance was also drafted with the option of exceptions. Hubbard supported s minimizing intrusion into setback areas but the ordinance before them allowed for so ` many exceptions and encouraged garages facing the street contrary to the design guidelines that he supported the Planning Commission's recommendation to allow turnarounds in setbacks. Hubbard further stated his support of continued communication with the residents on such issues and noted that the agendas could be found on the internet and in the Town Crier. Siegel stated that this ordinance really pertained to new homes and did not negatively affect property values. He also noted that almost all the lots in Town were legally nonconforming. However, he further commented that while this ordinance was a noble effort, it contained too many exceptions and he therefore supported allowing turnarounds in setbacks. Johnson believed there were misunderstandings in the ordinance before them and it contained too many exceptions. Casey reiterated that she had asked Council to send a postcard to the residents on this issue so that their input could be obtained. Council did not agree to doing this. She did not agree that the Town Crier and Dial Agenda were adequate vehicles for informing the public on such issues. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously to reintroduce the ordinance which stated that: "No structure, nor portion thereof, other than driveways, including necessary backup areas; walkways; minor ornamental garden structures subject to the height limits specified in Section 10-1.504(1); fences, driveway light fixtures, limited to one fixture on each side of a driveway, for a maximum of two (2) fixtures per lot, subject to the height limits specified in Section 10- 1.504(h); or underground utility facilities, shall be constructed, altered, or maintained so as to be located between the property line and any setback line, except as otherwise permitted by the provisions of this chapter." 11.4 Adoption of Proposed Capital Improvement Budget, FY 1997-98 — Reso # Siegel inquired about the parcel data base and the City Manager responded that he would provide Council with a status report on this project. Dauber asked to see which storm drain projects were being planned. She also suggested that a computer be put in the reception area so that interested parties could pull up the microfilm to review. The City Manager responded, however, that the reception area could get quite crowded and there just was not room for a computer at this time. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to adopt Resolution #82-97 adopting the Capital Improvement Budget for Capital Year 1997-98. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:20 a.m. Res ect�s�ubm�tted, Patricia Dowd City Clerk The minutes of the October 15, 1997 City Council Meeting were approved at the November 5, 1997 City Council Meeting. October 15, 1997 Regular City Council Meeting 10