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HomeMy WebLinkAbout12/04/1996Minutes of a Regular Meeting `r December 4, 1996 Town of Los Altos Hills City Council Meeting Wednesday, December 4, 1996, 6:00 P.M. Council Chambers 26379 Fremont Road 1. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 6:00 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 1, CALL TO ORDER. ROLL CALL, AND PLEDGE OF ALLEGIANCE LA Resolution declaring Canvass of Returns and Results of General Municipal Election MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed unanimously to adopt Resolution #102 declaring canvass of returns and result of General Municipal Election held on November 5, 1996. 1.B Administering the Oath of Office and Seating of Newly Elected Councilmembers The City Clerk administered the oath of office to Elayne Dauber, Bob Johnson and William Siegel. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Sun Country Cable December 4, 1996 David Smart, Vice President - Sun Country Cable, presented Council with an update on several cable tv issues. The following channels have been added: ESPN -2, and KGO Channel 7 and efforts were being made to add Los Altos Programming, the Stanford Channel and Bay -TV. Mr. Smart also commented on their inability to complete cable service on Adobe Lane and Shady Oak Court because several property owners refused to allow them access to the utility easements. Mr. Smart stated they were eager to complete this project and hoped that staff would be able to assist in the resolution of this issue. On the subject of access, Councilmember Dauber noted that a resident had advised her of her inability to get cable service. Mr. Smart asked Councilmember Dauber to give him the resident's name and he would contact her directly. Mr. Smart also commented that subscribership was down a bit in part due to direct broadcast satellites. Mr. Smart thanked the Council for the opportunity to address them on these issues. 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Items Removed: 4.1 (Johnson) and 4.7 (Casey) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $199,440.77(11/15/96) 4.3 Decided Not To Review the following Planning Commission Action at its Meeting on November 13,1996: 4.3a lands of Mueller, 27860 Via Corita Court: approved request for a site development permit for a new residence, secondary dwelling unit and pool. 4.4 Accepted subdivision improvements, Lands of Lindy Properties, Parcel Map 679 M. 46 & 47 -- Reso #103-96 4.5 Approved final map and lot merger improvement agreement, Micko Lot Merger, 14400 Kingsley Way -- Reso #104-96 4.6 Granted Sanitary, Public Utility, Water and Storm Drain Easement, Lands of Scott, 26951 Elena Road -- Reso #105-96 4.8 Accepted Ursula Lane as a Public Street --- Reso #106-96 6a+ December 4, 1996 `, 4.9 Awarded Certificate of Appreciation: Kathy Freeman, Pathways Recreation and Parks Committee 4.10 Accepted agreement for conservation easement, Lands of Norheim and Sherlock-Norheim, 27261 Sherlock Road -- Reso #107-96 4.11 Accepted Quarterly Investment Report Items Removed: 4.1 Approval of Minutes: November 20, 1996 MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously to approve the minutes of the November 20, 1996 City Council Meeting with the following corrections: page 6, Item ILA, insert the following paragraph "The City Manager presented an overview of the roles of the Council, Planning Commission and staff. In particular, he noted that although different views are expressed during Council discussions on policy issues, the majority vote of Council on an issue ultimately provides the Planning Commission and staff with direction."; page 7, add the following sentence to the second paragraph: "However, he recommended that the current practice in the Town of the Chairman and/or Mayor voting on all issues be continued."; page 8, last paragraph, second sentence should read: "At no time should a project be discussed with the applicant before it is voted upon by the Planning Commission." and page 9, second paragraph, Casey's comments should read: "Casey believed it was the responsibility of the Council to evaluate the Planning Commission. To achieve this goal, she agreed with the approach that a regular schedule could be followed as well as the approach that a Councilmember could attend those meetings which were of special interest." 4.7 Request for a one-year extension of final map for Lands of Wang, 25706 Elena Road Mrs. Wang, applicant, and her engineer, Michael Liu, addressed the Council and explained why an extension of the final map was being requested. Mr. Liu addressed the many conditions that had been completed but which had taken quite a bit of time. They both addressed the adverse financial conditions which had been encountered. Council acknowledged the financial circumstances but also noted that this project had been going on for five years which was quite a long time. They agreed to a one year extension but the applicant should be aware that this would be the last extension granted. �W December 4, 1996 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and �w passed unanimously to grant a one year extension for the final map for Lands of Wang at 25706 Elena Road. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Discussion of review process for proposed changes to planning policies and ordinances The Planning Director reported that the Planning Issues Subcommittee had formulated revisions regarding such issues as: nonconforming structures, pavement in setbacks, secondary dwellings, grading, outdoor lighting and floor area. At this time, staff was requesting direction from the Council as to how to proceed with the discussions on these ordinance and/or policy decisions. Casey did not believe there had been enough consideration of the impact of these changes on residents. She questioned what the current problems were to warrent such changes and believed more staff analysis was needed. She suggested taking one or two issues for Council consideration and having an article on these put in the Town Crier. Casey did not believe the listing of the agenda in the Town Crier and the posting in Town was sufficient notification and recommended sending a �Ar postcard to all residents. Casey stated that the communications subcommittee would make a recommendation on this issue. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to schedule the policy regarding secondary dwellings for a subsequent Council meeting with directions regarding public notification and to direct staff to prepare public notice and hearings for Planning Commission review of other pending ordinances and policies indicating further revisions to be considered. 6.2 Request to negotiate a contract for Financial Software System The Finance Director noted that six proposals had been received in response to the request for proposals for an integrated financial software system. A matrix was completed on all six of the companies and staff reviewed the proposals, checked references and visited installation sites. The following is a criteria listing for the financial systems: level of functionality, user friendly, experience, municipal references/user groups, training, documentation, configuration, availability of vendor support and economic feasibility. After careful review the initial list of six was reduced to three companies and a more detailed comparison followed. A matrix was also completed for these three companies. In conclusion, staff recommended BI -TECH as the best financial software system for the Town. December 4, 1996 James Steiner, Chairman of the Finance Committee, commented that their committee had met in August to review the request for proposals but had not seen the proposals received. He had seen the same information tonight that Council had received and it appeared to be a valid recommendation. His committee would be pleased to review and comment on the proposals. Tom Nelson, Co -Founder of Mirasoft, questioned the request for proposal process; did not believe it was fair and objective and asked that the award of the this contract be tabled. Mr. Nelson believed his firm would best be able to provide a financial software system for the Town. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to authorize the City Manager to negotiate a contract with BI - TECH Software, Inc. for the implementation of an integrated financial software system subject to approval of proposal by the Finance Comittee and the Technology Imrovement Committee. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Pathways Recreation and Parks Committee %, 7.1.1 Proposed amendments to Master Path Plan Council discussed this request from the Chairman of the Pathways Recreation and Parks Committee and determined that more review was needed. Suggestions were made to see a section at a time (use neighborhood coordinators maps perhaps beginning with neighborhood #34), determine how many properties would be affected, use a color code and put a map in the packets with the proposed changes. It was agreed that the Planning Director would work with Les Earnest on this issue and it would be brought back to Council at a later date. 7.1.2 Requests for Trail Connections Les Earnest, Chairman of the Pathways Recreation and Parks Committee, asked for letters to be sent by the Town to the Mid -Peninsula Regional Open Space District and Hidden Villa requesting trail connections between the trail on the slopes above the old Adobe Creek Lodge property and the Open Space's Black Mountain Trail, and across Hidden Villa property to Moody Road to provide a connection to the Artemas Ginzton path through the Byrne Preserve. December 4, 1996 PASSED BY CONSENSUS: To direct the City Manager to send letters, drafted by the Pathways Committee Chairman, to Hidden Villa and Midpeninsula Regional Open Space District on trail connections and to ascertain the costs involved of building a bridge over Adobe Creek. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Adobe Creek Environmental Impact Report The City Manager reported that he planned to attend the meeting on the EIR for Adobe Creek. Staff's comments on the report would be available for Council's review and if they had any concerns please let him know. 8.1.2 Storm Drain Project on Lupine The City Manager reported that the storm drain project on Lupine was completed. 8.1.3 Deputy Paul Jones The City Manager reported that Deputy Paul Jones who had been the dayshift patrol officer for three years was being reassigned to courts. He would be leaving the beginning of January. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence Council referred to the letter from the Fernandes requesting Council's support of a sound wall on 280. It was agreed the City Manager would respond to the Fernandes noting the Council's position that sound walls were not effective and the density of homes in the Town was not sufficient according to Caltrans to support sound walls. 9. COUNCIL -INITIATED ITEMS 9.1 Request for appointments to fill vacancies on the Solid Waste Commission of Santa Clara County (Mayor Hubbard) �w December 4, 1996 No action was taken on this item. 9.2 Selection of Date for Volunteer Recognition Dinner (Mayor Hubbard) Thursday, February 20, 1997 was selected as the date for the Volunteer Dinner and the City Clerk was asked to send a notice to volunteers suggesting they save this date. 9.3 Policy Decision on attendance by Councilmembers at Planning Commission Meetings (Mayor Hubbard) This item was continued to the next Council Meeting. 9.4 Policy Decision on soliciting applicant approval of conditions of approval prior to approving a project (Mayor Hubbard) This item was continued to the next Council Meeting. 9.5 Santa Clara County Cities Asscociation (Councilmember Johnson) Johnson remineded Council that the holiday party of the Santa Clara County Cities Association was scheduled for December 12th at the Hayes Conference Center in San Jose. 9.6 Joint Meeting with the Planning Commission It was noted that the Mayor would discuss the scheduling of this joint meeting with staff during agenda discussions. 10. PRESENTATIONS FROM THE FLOOR Bill Jones, General Manager of Los Altos Garbage Company, introduced himself to the Council. He noted that their continued focus was on a high level of customer service. He further commented that they were working on the recycling of construction materials; expanding current recycling to include mixed paper and cardboard; simplifying the yardwaste center; and addressing the public/private road issue. He was looking forward to working with the Council on these and other solid waste issues. Cal Lindell, 12155 Edgecliff Place, noted that he was a senior over 65 and believed there should be a discount for seniors. He also recommended the contract for solid waste services be sent out for competitive bids. �W December 4, 1996 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a new residence, pool and spa, Lands of Chao/Pang, 25701 Lomita Linda Court Ann Pang, applicant, noted that they had worked with their neighbors on this project. They had also spent quite a bit of time and money on this effort and hoped that a resolution could be reached and they could begin building their home. Gary Ahem, applicant's architect, presented a brief history of the project. In September of 1996 they had gone to the Planning Commission and had been continued for redesign. In October of 1996 the Planning Commission had approved the resdesign but an appeal had been filed and they were now before Council. Mr. Ahern addressed the siting of the house and noted that the proposed house was smaller and shorter than the previous home on the lot. He also addressed the landscaping issue and noted that the object was not to hide his client's home but to obscure it with screening. The screening they had planned would break up the two story elevations. Concerning the retaining wall, Mr. Ahern stated that any rebuilding of this wall would take place before construction. Keith Wiley, applicant's landscape architect, explained the landscaping they had planned which they believed would screen the two story home successfully. In part they planned tiered planters and foundation plantings with accent trees. Martha Hunton, 25600 Fernhill, commented that she had lived in the neighborhood since 1951 and this lot had a history of soil fallouts, driveway failing and earthquake damage. She was not against the home under discussion but she strongly believed precautions should be taken including deep soil testing as she feared they might be moving the home into a more unstable area. Brian and Peggy Carrie, 25655 Fernhill Drive, expressed their concerns about the proposed project. They believed this house would have a major negative visual impact on their home. They requested that the two story home on the west side of the property be reduced to a single story and that the development be moved further away from the west side of the property. John and Judy Fowler, 25625 Fernhill Drive, concurred with the concerns expressed by the Carries. They too did not agree with the development figures 'grandfathered' on this property as a result of earthquake damage in 1989. Mr. and Mrs. Fowler also thought this was an extremely prominent lot and the proposed development would have a negative visual impact on their home. They expressed concerns with the ability to screen the proposed house and commented that there were no controls over landscaping. 1�w December 4, 1996 Jim Crowther, 11301 Magdalena, commented that in his opinion there were already significant edificies in the neighborhood and this project could result in three castles. Bob Owen, developer, noted that the applicant had been given direction and guidance on building his home. Now the owner was being asked to redesign. Mr. Owen believed the proposed design was a good solution for the property and mitigations could be made such as overplanting and moving the house back. Council discussed the project before them. Dauber inquired about the siting of the pool and the Planning Director responded that the geologist had reviewed the plans and had concurred with the location. Dauber believed the proposed house could be sited differently to achieve a better result particularly since the top of the hill could not be landscaped because it was all concrete. Siegel believed this was a difficult lot and efforts could be made to reduce visibility on Magdalena as well as for the immediate neighbors. Hubbard and Johnson believed that increased landscaping could improve this project. Casey did not believe there was any visual impact on Magdalena and the planned landscaping would obscure the house. Casey further commented that this house had already gone through redesign and the proposed new home was a lower profile than the house that had been on the lot. MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Casey and failed by the following roll call vote to approve the request for a Site Development `, Permit for a new residence, pool and spa, Lands of Chao/Pang, 25701 Lomita Linda Court. AYES: Mayor Pro Tem Casey and Councilmember Johnson NOES: Mayor Hubbard and Councilmembers Dauber and Siegel MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to continue the request for a Site Development Permit for a new residence, pool and spa, Lands of Chao/Pang, 25701 Lomita Linda Court for redesign to soften the appearance of the house either through landscaping or redesign. It was further agreed this application would come back to the Council and not go back to the Planning Commission. AYES: Mayor Hubbard and Councilmembers Dauber, Johnson and Siegel NOES: Mayor Pro Tem Casey 11.2 Pacific Bell Mobile Services: Request for a Site Development Permit, Conditional Use Permit, Variance and a Negative Declaration for the placement of a 20 foot high PCS pole and antennas and adjacent equipment box, Lands of Purissima Hills Water District, on LaCresta Drive behind 12869 La Cresta Drive %W December 4, 1996 Amy Stanton, representing Pacific Bell Mobile Services, explained the four sites 04W requested by Pacific Bell Mobile Services for pcs installations. These sites included: Duval Way, Magdalena, Stirrup Way and LaCresta. The Planning Commission had continued discussion of three of the sites due to visibility concerns expressed by the neighbors but had recommended approval of the LaCresta site. Ms. Stanton commented on the proposed landscaping for the La Cresta site. Mr. Hsiao, 13001 La Cresta Drive, was an immediate neighbor and expressed his concerns about the electromagnetic fields and the health of his small children. He also noted that the proposed antenna was higher than the water tank. Doug Moffat, 12869 La Cresta, commented that this site was the intersection of three lots, one of which was his and he strongly recommended that the equipment building be screened from the neighbors. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the request for a conditional use permit and variance for installation of pcs wireless telecommunications facilities, subject to the conditions of approval outlined in Exhibit A with strengthening of language regarding screening to the satisfaction of the immediate neighbors and the approval of the Planning Director; citing the findings outlined in Exhibits B and C; and adopting the negative declaration -- Pacific Bell Mobile Services, Lands of Purissima Hills Water District on LaCresta Drive behind 12869 La Cresta Drive. 12. ADIOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:25 a.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the December 4, 1996 City Council Meeting were approved at the January 15, 1997 City Council Meeting. December 4, 1996 10