HomeMy WebLinkAbout10/02/1996Minutes of a Regular Meeting
%W October 2, 1996
Town of Los Altos Hills
City Council Meeting
Wednesday, October 2, 19%, 6:00 P.M.
Council Chambers 26379 Fremont Road
1. Cert TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE
Mayor Hubbard called the Regular Meeting of the City Council to order at 6:05
p.m. in the Council Chambers at Town Hall.
Present: Mayor Hubbard and Councilmembers Casey, Dauber,
Johnson and Siegel
Absent: None
Staff: City Manager/City Engineer Jeff Peterson, City Attorney
Sandy Sloan, Planning Director Curtis Williams, Public
Works Manager Ed Taylor, Finance Director Carol Ferrell
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
Robin Knutson, 27999 Via Ventana, addressed the Council on her interest in
serving on the Environmental Design and Protection Committee.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and
passed unanimously to appoint Robin Knutson to the Environmental Design and
Protection Committee for a two year term.
3. PLANNING COMMISSION REPORT
Planning Commissioner Jinkerson reported on the following actions taken at the
9/25/96 Planning Commission Meeting: Lands of Rutner, 28500 Matadero Creek
Lane - recommended approval of an amendment to the final map to relocate the
access to the property; Lands of Wen, 12228 Via Arline Road - approved request for a
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Site Development Permit for a new residence; Lands of Lohr, 12100 Oak Park Court -
%, approved request for a Site Development Permit for a new residence, and a variance
to allow grading within ten feet of the property line; Lands of Carsten, 13761 La
Paloma Road - request for a Site Development Permit for a secondary unit
continued at the request of the applicant; Lands of Vidovich, Lot 11, Quarry Hills -
approved request for a Site Development Permit for a new residence and a pool and
denied the request for a variance to allow a tennis court to encroach into the setback;
and Lands of Sherlock, 27261 Sherlock Road - approved request for a Site
Development Permit for a major addition and reconstruction of a fire damaged
residence.
4. CONSENT CALENDAR
Item Removed: 4.1 - 9/18/96 Regular Meeting (Siegel)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed unanimously" to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: September I8, 1996 (Special Meeting)
4.2 Approved Warrants: $116,998.64(9/16/96)
4.3 Decided Not To Review the following Planning Commission Actions at
Its Meeting on September 11, 1996:
4.3a Lands of Morsey, 13081 Alta lane South: approved request for a
Site Development Permit for a new residence, detached garage,
pool and spa
"Johnson noted that he lived near this property and believed it would be
appropriate to abstain from the vote on this application.
4.3b Lands of Zatparvar, 26323 Calle del Sol: approved request for a
Site Development Permit for a new residence, tennis court, pool
and spa
4.3c Lands of Moshier, 26810 Quail Lane: approved request for a Site
Development Permit for a new residence, pool and spa
4.3d Lands of Kramer, 27645 Natoma Road: approved request for a
Site Development Permit for a new residence, pool and spa
October 2, 1996
Regular City Council Meeting
` 4.4 Issued Proclamation: October 9, 1996 "SAVE, Stop America's Violence
Everywhere"
4.5 Approved Grant of Conservation Easement, Lands of Stevenson,
27650 Edgerton -- Reso #83-96
4.6 Issued Certificate of Appreciation: Tom Griffiths - Pathways
Recreation and Parks Committee
4.7 Ordered the performance of street striping and awarded a contract
to Safety Striping Service Inc. — Reso #84-%
Item Removed:
4.1 Approval of Minutes: September 18, 1996 (Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to approve the minutes of the September 18, 1996 Regular City
Council Meeting with the following correction: Page 6, Item 9.3, last sentence should
read: "Siegel recommended that the report go to City Council for comment before it
went to the Planning Commission."
5. UNFINISHED BUSINESS
5.1 Report on the status of goals and objectives for the first quarter FY96-97
Council accepted the report dated 10/2/96 on the status of goals and objectives
for the first quarter of FY %-97 and thanked the City Manager for
providing this excellent informational tool.
5.2 Policy on Tree Trimming
Mr. and Mrs. Henry Duque, 26074 Mulberry Lane, referred to the letter they had
written concerning the trees on their property that had been trimmed. They stated
that in the past they had received notification that the trees needed trimming and
sometimes they did it and sometimes the Town did the trimming. Mrs. Duque
commented that on the day the trimming was done she was home and no one even
came to the door to tell her what was going on. They also noted that this time the
trees were trimmed quite high and this did not seem to be at all necessary. They
hoped that in the future there would be a clear policy on tree trimming including
notification of residents.
Staff addressed the efficient use of the Town's crew time. The notification process
could involve a lot of time which would otherwise be spent clearing the paths. In
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Regular City Council Meeting
addition staff had believed the direction from Council was to clear the trees at a
higher level thereby reducing the frequency of tree trimming.
Hubbard realized that notification could prove to be difficult but in the case of the
Duques the tree limbs cut off were quite substantial. Perhaps a determination could
be reached as to the size of limbs to be trimmed. Dauber suggested the formation of
a task force including Planning Commissioners, Public Works Manager and
representatives from Environmental Design and Protection to work on a tree
trimming policy statement. Casey did not think a task force was necessary and
recommended that the Public Works Manager prepare a draft policy statement on
tree trimming.
Les Earnest, Chairman of the Pathways Recreation and Parks Committee, supported
communication with the neighbors including putting tree trimming standards in
the Town Newsletter. He also suggested letting residents know if the standards
were not met by them then the Town would take care of the trimming.
Jean Struthers, member of the Environmental Design and Protection Committee,
stated that this was a change in policy. She had been told in the past that tree
trimming was her responsibility. She recommended putting a schedule for tree
trimming (Le north part of Town to be done in January, south part in February) in
the Town Newsletter. She believed good public relations was important including
notification of the neighbors.
PASSED BY CONSENSUS: To direct the Public Works Manager to prepare a policy
statement on tree trimming including sizes of branches to be trimmed, notification
of neighbors, etc. In addition it was agreed this policy statement once adopted would
be included in the Town Newsletter.
6. NEW BUSINESS
6.1 Request by Westwind Barn for placement of signs into Byrne Preserve
The City Manager reported that he had received a request from Westwind Barn to
place signs both at Byrne Preserve and Westwind Barn. This request was made as a
result of the review of Westwind Barn's insurance policies and related safety
practices by their insurance agent. The signs basically would say "Pass at your own
risk. You assume that risk, whether known or unknown in the presence of horses."
The recommendation from staff was that the signs be placed at Westwind Barn but
not at Byrne Preserve as this would result in inconsistent marking of Town pathway
facilities. It was further noted that staff would work with Westwind on the size,
material and location of the signs.
October 2, 1996
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to approve the request from Westwind Barn to place signs on
their property at the driveway entrance to the barn off of Altamont Road and at the
trail entrance to the lower riding area.
6.2 Consideration of request by Metricom for Wireless Modem Network
The Planning Director referred to his staff report which included background on
Metricom and outlined their request. Metricom provided wireless data
communications for personal computers and industrial applications. They also
provided wireless modem service for connections to the Internet, local area
networks and databases. Metricom was requesting permission to install 30-40
antennas on utility poles in the Town and recommended a consent agreement with
franchise provisions including collection of a 5% franchise fee to compensate the
Town for the use of the right-of-way.
Mr. Christopher Sinclair, representing Metricom, addressed the Council with their
request. He noted their experience in other locations; explained their installation
procedures; and referred to their agreement with PG&E. He commented that the
franchise fee would be based on the adjusted gross revenues of subscriptions to the
service with Los Altos Hills addresses. Mr. Sinclair did not agree with the
suggestion that review fees be charged for each installation. He stated that in certain
other communities an inspection fee was charged only for the first installation to
ascertain that all was being done according to code.
A question was raised about the use of Los Altos rather than Los Altos Hills for
addresses at the Post Office. This could confuse the issue of the franchise fee and it
was agreed the Planning Director would look into this issue.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to direct the City Attorney to prepare a franchise agreement
with Metricom including an encroachment permit for installation and requiring a
franchise fee of 5%. This agreement shall be agendized for Council review.
Casey stated her support of this request but her strong objection to the franchise fee.
She did not think this charge was necessary at all and was in fact a hidden tax.
6.3 Request for approval to award contracts for Lupine Pathway Project
Resolutions #
October 2, 1996
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to adopt Resolution #86-96 awarding a contract for the
construction of the Lupine to Elena Pathway Retaining Wall and Resolution #87-96
awarding a contract for the construction of the Lupine to Elena Pathway Storm
Drain Improvements.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
8. STAFF REPORTS
8.1 City Manager
8.2 City Attorney
8.2.1 Searfoss/Lopez Lawsuits
The City Attorney reported that the Searfoss/Lopez lawsuits had been
settled and both had dismissed the Town from the lawsuits. The
City Attorney commended the City Manager's participation in
the successful solution of this matter.
8.3 City Clerk
8.3.1 Report on Council Correspondence
9. COUNCIL -INITIATED ITEMS
9.1 Town Policy regarding Residents donating Land to the Town
(Mayor Pro Tem Casey)
Casey inquired if the Town would accept land from a donor. Hypothetically, a
person would purchase land so that it would remain open space and would donate
it to the Town with favorable tax consequences. The City Attorney responded that
in brief the Town would accept such land but there were other options such as
conservation easements and the person should contact a tax attorney.
9.2 Consideration of changing the date of the January 1, 1997 City Council
Meeting (Mayor Hubbard)
PASSED BY CONSENSUS: To cancel the January 1, 1997 City Council Meeting and
to review the agenda for the December 18th City Council Meeting at a later date to
determine if that meeting will be cancelled.
October 2, 1996
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` 10. PRESENTATIONS FROM THE FLOOR
Ar Katherine Stella, 27975 Via Ventana, noted that she had attended the 9/11/96
Planning Commission Meeting and was distressed by Mayor Pro Tem Casey's
actions at that meeting. She believed it was disappointing and shameful that Casey
was seen with applicants at that meeting. Ms. Stella believed that proper channels
should be followed and that this behavior was an undermining of staff and
Planning Commission.
Casey responded that she did not address the Planning Commission on the Tan
application nor did she sit with the applicants. Casey did state that she spoke with
the Tans after their hearing and told them she would appeal the Commission's
decision on their project.
PASSED BY CONSENSUS: To agendize for a future Council meeting the issue of
working with applicants before they go through the planning process.
Jeannie Knutson, 27999 Via Ventana, referred to the Page Mill Road project and
noted that there were no flashing lights to warn people and she thought this was a
definite safety issue.
Valerie Chown, 13522 Page Mill Road, commented that she found the changes in
Town distressing. In her opinion the old Los Altos Hills was going away and there
was a lack of concern for the environment.
11. PUBLIC HEARINGS
11.1 Request for a Site Development Permit for a new residence, pool, spa
and tennis court, Lands of Tan, 13910 Page Mill Road
Mr. Tan, applicant, thanked the Council for meeting with him to discuss this project
and thanked neighbors and friends for their support. He referred to a petition
signed by almost 100 people supporting their application. He also referred to the
bridge and noted that prior to purchasing the property the fire department had
determined that the bridge was not in need of change for access of fire equipment.
Mr. Tan commented that if the Council did not want to see large homes in the
Town they should change the ordinances so they were prohibited. He believed it
was important that applicants knew exactly what they could do with a piece of
property. Mr. Tan presented several photographs of his project to the Council. He
explained that their project was of a traditional design in context with the Town's
codes; they had mitigated the bulk; there was minimal visual impact; and the
skylights, window in front and driveway were design features which had been
approved in other projects. He asked for fairness and consistency.
October 2, 1996
Regular City Council Meeting
Mr. Charles Garbett, 13906 Page Mill Road, commented that he shared the bridge
with Mr. Tan and he had lived in Town since 1947. There had never been any
problems with the bridge and it had purposely been kept at a minimum to dissuade
strangers from accesss to the property. Mr. Garbett further stated his support of Mr.
Tan's project. It was a secluded site; the driveway had no impact on the neighbors;
and the skylights would not be a problem as long as they were conditioned not to
shine out. He believed the Planning Commission should look at the merits of the
project at hand. The request for a pathway on Mr. Tan's side of the property was, in
Mr. Garbett's opinion, unwise. There was already a path on the other side; it did not
lead anywhere and it was unsafe.
Katherine Stella, 27975 Via Ventana; Les Earnest, Chairman of the Pathways
Recreation and Parks Committee; and Carol Gottlieb, 24290 Summerhill, stated their
support of the path on Mr. Tan's property. Hopefully, it would someday connect
with the bridge. Mr. Earnest also commented that a type IIB path was being
requested rather than a native path because native paths suffered in bad weather
and then dried in uneven surfaces.
Gordon Bloom, 13910 Page Mill Road, commented that he was the current resident
on the Tan property and he supported their project. He believed they had purchased
the land with certain expectations and as far as the skylights were concerned there
were about ten in his home and no one had complained.
Bel Griffiths, 13630 Roble Alto, stated that this project was directly in her view and
had a negative impact on her property. She noted that trees were going to be
removed and she would see the proposed skylights.
Mona Sander, represented Mr. Tan in purchasing property, stated that Mr. Tan took
two months to get all of his questions answered about this lot. She supported his
application particularly noting that it had little visual impact on the neighbors.
Daryl Harris, applicant's architect, explained that of the sixty trees on the lot only
eight were going to be removed. In addition, he referred to his client's request for
an additional 138' of living space. This amount would result in small increases in
the rooms but at this time he was unable to give specifics of the increased
dimensions.
Mrs. Tan, applicant, noted that she was touched by the outpouring of community
support for their project. They had worked for a long time with their architect to
conform with the Town's ordinances. The Planning Commission criticized their
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house plans which she believed was a subjective decision, even though all the codes
had been met. Mrs. Tan thanked the Council for visiting the site and reviewing
their plans. She liked their secluded lot and the low visual impact and asked for
support of their project.
Guy Jinkerson, 12579 Corbetta Lane, stated that although he was now on the
Planning Commission, he was not when this project first came through. He
reviewed the voting on this application and stated that at the September Meeting
Mayor Pro Tem Casey had indeed been sitting with the applicants. He questioned
when it was appropriate for the Council to appeal a project and thought this a
precedent setting situation.
Mrs. Wong, 26333 Aric Lane, commented that she had lived in Town for fifteen
years. While she appreciated what the Planning Commission was trying to do, she
believed the guidelines were just that and not rules and regulations. She supported
the Tan's application.
Valerine Chown, 13822 Page Mill Road, suggested that the guidelines be reviewed.
A resident's home built above theirs had a definite negative visual impact on their
property.
Mr. Chen, 27478 Black Mountain Road, noted that he moved into Town in 1983 and
commented on the quality of life and property values. He stated that the Tan's
project had met all of the Town's code requirements yet the project had been denied
by the Planning Commission. He supported the Tan's project and stated that a
silent majority of residents were unhappy with the Planning Commission's
decisions.
Dot Schreiner, Planning Commissioner, commented on the goals of the Planning
Commission which included a reduction of mass and bulk and lighting and the
honoring of set backs. She noted that this lot may not be as secluded as it appeared
and could indeed have a negative visual impact on the neighbors.
Shelly Doran, Chairman of the Planning Commission, took exception to
Commissioner Schreiner's comments. The Commission's decisions on the Tan
project had not been unanimous. Doran believed that the Commission had
reviewed this project and had made their recommendations. It was now time for
the Council to make their decision with no further comment from individual
Commissioners.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and
passed by the following roll call vote to remove the requirement in condition kl
that the driveway be relocated out of the side setback as much as possible.
October 2, 1996
Regular City Council Meeting
`W
AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel
NOES: Councilmember Dauber
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to delete the remainder of condition #1 stating
that the applicant shall revise the plans to eliminate the entry hall skylight and
reduce the height of the window and roof element of bedroom two shown on the
front elevation.
AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel
NOES: Councilmember Dauber
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and
passed unanimously to make no changes to condition #11 as recommended by the
Planning Commission.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to delete Condition #16 as follows: "The applicant shall revise
the site plan to show the pool decking out of the required setback. Revised plans
shall be reviewed and approved by the Planning Director prior to acceptance of plans
for building plan check."
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to modify condition #28 to grant a storm drain easement to
Santa Clara Water District over Matadero Creek and for 15 feet beyond the top of the
bank.
MOTION SECONDED AND FAILED: Moved by Casey, seconded by Johnson and
failed by the following roll call vote to allow the applicant to increase the second
floor area slightly (138 square feet) as shown on the June 26, 1996 plan while keeping
the existing setbacks as requested by the Planning Commission and staff.
AYES: Mayor Pro Tem Casey and Councilmember Johnson
NOES: Mayor Hubbard and Councilmembers Dauber and Siegel
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and
passed by the following roll call vote to approve the request for a site development
permit for a new residence, pool, spa and tennis court for Lands of Tan at 13910 Page
Mill Road subject to the conditions of approval recommended by the Planning
Commission and amended by Council.
AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel
NOES: Councilmember Dauber
III
October 2, 1996
Regular City Council Meeting
11.2 Proposed Capital Improvements Budget, FY 1996-97 -- Reso #
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to add $20,000 to the operations budget for the parcel data base
project. A resolution shall be prepared for the next Council Meeting directing staff
to make this adjustment to the mid -year budet.
Les Earnest, Chairman of the Pathways Recreation and Parks Committee, referred to
the pathway projects and commented that the committee was recommending
reprioritizing these projects. The path projects they wanted to see completed were:
Fremont (both sides), Ravensbury, Summerhill and El Monte to Magdalena.
Council discussed the right of way issue and the need for survey work. The City
Manager also questioned whether the Town could build a path on a road
maintained by the County (i.e. Summerhill, Ravensbury). Siegel suggested
construction costs be looked at for the path right of way along the freeway fence.
PASSED BY CONSENSUS: To change the following pathways projects -- study,
switchbacks and McCulloch to Magdalena ($23,000) to Pathways Survey Work and to
prioritize projects as follows: Fremont (both sides), Ravensbury, Summerhill and EI
Monte to Magdalena. In addition, to change the 'Pathways - Miscellaneous Project"
to "Middle Fork to Byrd Lane Project".
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and
passed unanimously to adopt Resolution #85-96 adopting the Capital Improvement
Budget for FY 96-97.
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at midnight.
Respectfully submitted,
City Clerk
The minutes of the October 2, 1996 Regular City Council Meeting were
approved at the November 6, 1996 City Council Meeting.
October 2, 1996
Regular City Council Meeting
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