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HomeMy WebLinkAbout01/17/1996 (2)i6w Minutes of a Regular Meeting January 17, 1996 Town of Los Altos Hills City Council Meeting Wednesday, January 17, 1996, 6:00 P.M. Council Chambers 26379 Fremont Road 1. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 6:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Dauber, Hubbard and Johnson Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney ` Sandy Sloan, Planning Director Curtis Williams, Public Ir Works Manager Ed Taylor and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT The Planning Director reported that the following actions were taken at the January 10, 1996 Planning Commission Meeting: Lands of Wayman, 26220 Moody Road: request for a site development permit for a major addition/remodel - approved; Lands of Chang, 26228 Scarff Way: request for a site development permit for a new residence, pool, spa, secondary unit and greenhouse - continued for redesign; and Lands of Rouse, 27979 Baker Lane: request for a site development permit for a secondary dwelling unit - denied. 4. CONSENT CALENDAR Item Removed: 4.5 (Dauber) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unanimously to approve the balance of the Consent Calendar, specifically: January 17, 1996 Regular City Council Meeting �bv 4.1 Approved Minutes: December 6, 1995 n 4.2 Approved Warrants: $50,016.60 (12/13/95) $482,914.77 (12/29/95) 4.3 Issued Certificates of Appreciation: Margie Utzinger, Pathways Recreation and Parks Committee and Kelyn Dewar, Environmental Design and Protection Committee 4.4 Issued Proclamation: Vietnamese Community Week: February 10 - 18,1996 4.6 Approved acceptance of Grant of Conservation and Open Space Easement, Lands of Lohr (Capps Homes, Inc.), 12101 Oak Park Court -- Reso #1-96 4.7 Approved vacation of Public Access Easement, Lands of McCready & Kellman, 12105 and 12109 Oak Park Court -- Reso #2-96 4.8 Rejected Claim: 4.9 Rejected Claim: Item Removed: Burns/Shirley Searfoss John/Lauren Lopez 4.5 Acceptance of Completion of Subdivision Improvements for Adobe Creek Estates, Tract No. 8207, August 1995 Project - Gradetech,Inc. -- Reso # Dauber inquired about the landscaping issue and was advised by the City Manager that Hardesty Associates had completed a landscaping plan which was part of the subdivision improvements. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to adopt Resolution #3-96 Accepting Completion of Subdivision Improvements for Adobe Creek Estates, Tract No. 8207, August 1995 Project - Gradetech,lnc. 5. UNFINISHED BUSINESS 5.1 Status Report on Parcel Data Base Project; Recommendation for Purchase of Hardware and Software 2 January 17, 1996 Regular City Council Meeting The City Manager noted that the parcel data base system was intended to become the primary source of the private property and street right of way information. To achieve this goal, staff and the Technology Improvement Committee had held several meetings and the recommendations included purchasing LandTech Parcel Data Base system software and converting to a PC based platform. The City Manager further commented on the training involved and the impact on staff. Council agreed that it was beneficial to not change everyone over to PCs at once thereby allowing for a gradual training process. They also asked for clarification of the technical services contract (a service contract on something that should work?) and staff was directed to find out what the Town of Woodside did regarding this issue. Council also inquired about the value of the three year warranty. Council recommended faxes at the workstations, clarification of the number of workstations and the installation of a generous amount of memory. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the purchase of the LandTech Parcel Data Base system, to approve a budget of $59,000 for this project and to direct staff to request proposals for the purchase of the computer hardware. 6. NEW BUSINESS 6.1 Report on Survey concerning Bullis School Auditorium Project Mary Hinckley, representing the Gymnasium/ Auditorium Committee, reported that of 279 responses, 164 were for the project and 110 were against, with 5 uncertain. She commented that while there was great enthusiasm on the part of some, there was also serious opposition. Mrs. Hinckley noted that they decided not to pursue the project at this time. 6.2 Report on Home Computer Survey William Johnson, member of the Technology Improvement Committee, referred to the report he had prepared for Council on the home computer survey. He noted that the response rate was 14% which in his opinion was high. Only 7% said thev had no computers at home; the type of computers was almost equally divided between Apple and IBM; most residents were connected with modems to Internet, CompuServe, their companies, etc.; and over 80% said they would occasionally or frequently contact Town Hall for information. Council thanked Mr. Johnson for his report. Johnson suggested an article be put in the next newsletter reporting on the results of this survey. Dauber and Siegel commented that this computer contact with Town Hall for information could be extremely time consuming for staff and cautioned that the impact on staff should be January 17, 1996 Regular City Council Meeting carefully analyzed and, if found to have a significant impact, staff should not move forward without Council approval. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8.1.1 Goals and Objectives for FY 95-96: Second Quarter Status Casey recommended that before a lot of time was spent by staff on the yardwaste site issue, this matter be agendized for Council discussion. Siegel asked that Councilmembers provide written proposals on this issue. She further noted that she had some information for the City Manager on costs of building homes as related to the goal of analyzing building and planning fees. Casey referred to the gate situation on Olive Tree and it was agreed the City Attorney would look into the keyed gate to Midpeninsula Open Space off this private road. She also commented on the emergency road at Dawson and it was agreed the City Manager would look into getting this gate removed. Casey urged the City Manager to include Ravensbury on the road repair list and she further suggested that the joint meetings with committees be held twice, not once, a year. Dauber referred to the joint meetings with committees and recommended that they be given a month's notice of these meetings. She further recommended that a follow up report on the issue of private/public streets be included in the next newsletter. On the subject of animal control, Dauber asked the City Manager to find out what animal service the Town had to provide. Council thanked the City Manager for his excellent report. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated January 11, 1996 Council asked that those letters shown as agendized for Council action be included with the Council Correspondence report. They further requested that the City Clerk send replies to those sending letters January 17, 1996 Regular City Council Meeting resulting in Council action acknowledging their correspondence and advising them when their issues would be addressed. 9. COUNCIL -INITIATED ITEMS 9.1 Request for appointment to fill vacancy on the Solid Waste Commission of Santa Clara County (Mayor Siegel) No action was taken on this item 9.2 Request for nominations to the Santa Clara Valley Water District Flood Control Zone Advisory Committee and the Santa Clara Valley Water Commission (Mayor Siegel) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to recommend reappointment of Councilmember Dauber to the Santa Clara Valley Water District Flood Control Zone Advisory Committee and the Santa Clara Valley Water Commission 9.3 Appointment of Council Subcommittee to review Purissima Hills Water District Lease (Mayor Siegel) It was agreed the City Manager would review the lease with the Purissima Hills Water District. 9.4 Clean Up Day --January 20, 1996 (Councilmember Casey) Casey noted that the Los Altos Garbage Company had eliminated the Magdalena and 280 site for residents of the Town as one of the clean up day locations. She strongly disagreed with this action and thought it unfair for the section of Town served by this location. Casey recommended that the Garbage Company be contacted and told not to turn any Town residents away this Saturday and then agendize this matter for Council review. Carol Gottlieb, 24290 Summerhill, supported Casey's comments. It was agreed the City Manager would call the Los Altos Garbage Company. 9.5 Flood District (Councilmember Dauber) Dauber commented on the proposed landscaping plan for Adobe Creek by the Santa Clara Valley Water District which included taking down certain eucalyptus trees. January 17, 1996 Regular City Council Meeting 9.6 Yardwaste Site (Councilmember Johnson) Johnson commented that the Town's cost for the yardwaste center was $11-$14 each time a resident used the yardwaste center. 10. PRESENTATIONS FROM THE FLOOR Clyde Noel, Los Altos Town Crier, presented the Council with the "Council Harmony Award", one of the 1995 Town Crier Bell Ringer Awards. 11. PUBLIC HEARINGS 11.1 Council Review of Planning Director's approval of a minor variance for a gate and fencing in the right-of-way, Lands of Saah, 24024 Oak Knoll Circle Dr. Saah, applicant, explained his request for an encroachment permit and a minor variance to allow gates and fencing for the excess right of way area adjacent to his property. In 1994 he had been given approval to purchase this piece of land but he believed the appraisal and staff costs at that time were excessive so he did not pursue the purchase. Dauber referred to her letter in which she stated her concerns about the applicant's request for a variance to fence off Town property for his own use. These concerns include the liability issue of the fence, the fact that the ordinance does not allow fencing of property that does not belong to the applicant and the inability to make the variance findings. Council did discuss the piece of land under discussion and the request from Dr. Saah to fence it. They also discussed with Dr. Saah the option of purchasing the property at this time believing this would be the best solution to the situation at hand. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to accept Dr. Saah's offer to purchase the approximately 3,000 square feet of land adjacent to his parking and turnaround area for $1,000, this amount to include deposits already paid; to approve the resulting lot line adjustment; to refund encroachment permit fees and deposits; and to agree that Dr. Saah would pay the attorney costs of preparing the resulting legal documents. Dauber did not believe fencing off Town property was the intent of the Town's ordinances and she asked that this issue be clarified. *ftw January 17, 1996 Regular City Council Meeting 11.2 Request for approval of a negative declaration, conditional exception and tentative map for a proposed two lot subdivision of 2.75 acres, Lands of Reed, 13940 La Paloma Road The City Manager commented on the drainage issue in the LaPaloma area. He noted that the neighbors in the area had been contacted and a drainage study had been completed. However, the issue of easements was of concern to the neighbors and they had not been in support of the recommended improvements in the report. Concerning this subdivision, the City Manager referred to the addendum to the negative declaration which stated in part: '...the project contribution (to the drainage basin) would be insignificant and would not impact the flood levels on affected properties...' Mrs. Reed, applicant, stated that she wanted Bob Owen, who was developing a neighboring property, to share in the cost of implementing the drainage conditions for her subdivision in front of the Tsui property at 13928 LaPaloma. She further requested that the height be reduced from 22 1/2' to 22' and the setback be increased from 55' to 65'. Mrs. Reed further commented that she did not want to have to underground utilities as others in the neighborhood had not been required to underground. She wanted to see native plants and shrubs used along the driveway in the landscaping plan and she strongly supported the road remaining private. Mrs. Anita Tsui, 13928 LaPaloma, supported the increase in setback from 55to 65on LaPaloma. The City Manager noted that he had discussed the drainage issue with Bob Owen and Mr. Owen had agreed to contribute to the drainage costs on a pro rata share based on what the respective projects would add to the runoff. PASSED BY CONSENSUS: To amend condition #18 to reflect a 22' height limit and a 65' setback. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously to approve the negative declaration with addendum, the conditional exception and the tentative map for a proposed two lot subdivision of 2.75 acres, Lands of Reed, 13940 La Paloma Road, subject to the conditions of approval as recommended by the Planning Commission and amended by Council. 11.3 Consideration of Notice of Code Violation at 25391 O'Keefe Lane, Lands of Sayar The Planning Director referred to his report dated 1/17/96 and on file at Town Hall in which he outlined the history of code violations on the Sayar property. fie L January 17, 1996 ir+ Regular City Council Meeting specifically addressed the owner's enclosure of a carport into living space, the addition of an aluminum shed to that structure and framing for a further addition to the structure. This construction was all done in the setback and done without permit. Mr. Michael Sayar and his son Kevin explained to the Council the building that had taken place on their property. They referred to on site meetings with Linda Niles who was then Planning Director. The Sayars stated that during these meetings the Planning Director concurred with their use of the carport stucture. They further referred to a family emergency at the time which necessitated the revised use of the carport. They referred to correspondence to Town Hall confirming these conversations and did not feel responsible that the Town did not have these letters. In response to inquiries from Council they Sayars confirmed that no inspections had taken place by the Building Official and they did have three structures on their property. Mr. Brown, 401 S. Henry Street, San Jose, stated that he was a witness to the on site conversations during which Linda Niles stated the garage could be an enclosed structure. Casey believed there were mitigating measures and the Sayars should be allowed to apply for permits for work done on the property. She further questioned the definition of secondary dwellings and believed the Council should be consistent in application of this definition. Hubbard stated that this project never would have been approved as a closed structure especially since there was already a secondary dwelling on the property. Johnson thought there was a series of misunderstandings which could be corrected. MOTION SECONDED AND WITHDRAWN: Moved by Dauber, seconded by Hubbard and withdrawn to direct City Attorney to file a Notice of Code Violation with the County Recorder for Lands of Sayar at 25391 O'Keefe Lane. PASSED BY CONSENSUS: To continue this issue to the February 7, 1996 Council Meeting to allow Mr. Sayar the opportunity to present a written proposal to the Town for correction of code violations. Council discussed the situation and provided the following direction to the Sayars. Siegel, Casey and Johnson recommended that the Sayars assure Council that the structure under discussion was not being used as a secondary dwelling. Hubbard stated that a carport would be acceptable. Dauber commented that of the two present secondary units without permit the one at the front of the lot would be preferable and would have less impact. January 17, 1996 Regular City Council Meeting 11.4 Introduction of Ordinance adopting 1995 California Building Standards Code and Proposed Negative Declaration (FIRST READING) This public hearing has been continued to the February 7, 1996 City Council Meeting. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:15 p.m. Respectfully submitted, ? Patricia Dowd City Clerk The minutes of the January 17, 1996 Regular City Council Meeting were approved at the February 7, 1996 Regular City Council Meeting. January 17, 1996 Regular City Council Meeting