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HomeMy WebLinkAbout01/04/1995Minutes of a Regular Meeting January 4, 1995 Town of Los Altos Hills City Council Meeting Wednesday, January 4,1995,6:00 P.M. Council Chambers 26379 Fremont Road 1. CALL TO ORDER ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Hubbard, Johnson and Siegel Absent: None Staff: City Manager Les M. Jones, 11, City Attorney Sandy Sloan, Planning Director Linda Niles, Director of Public Works G, Jeff Peterson and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Planning Commission and Technology Improvement Committee Council had received four applications for the Planning Commission. Marshall Balfe, 12390 Hilltop Drive, noted that he wanted to serve the community and he felt this would be the best way to do it. He had the experience and the time. Stephen Finn, 12000 Finn Lane, commented that he had lived in the Town since 1978 and he now had the time to serve the community. He had subdivided his property in 1989 so he was aware of the Town's Code. He understood the planning issues and enjoyed working with staff. Ray Rooker, 12819 Viscaino Road, reiterated his interest in serving on the Planning Commission. He commented that lie had the time and experience for the position. January =1. 1995 John Fitzpatrick, 25311 W. Fremont Road, was unable to attend the meeting due to a %W previous commitment. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed unanimously to appoint Stephen Finn to the Planning Commission to fill the unexpired term of Edwina Comiso. This term will end June 30, 1995. Council had received seven applications for the Technology Improvement Committee. Les Earnest, 12769 Dianne Drive; William Johnson, 13733 La Paloma Road; Alex Peake, 12100 El Monte Road; William Smith, 27300 Deer Springs Road, David Milgram, 25440 Crescent Lane and Stephen Leanheart, 27885 Pawn Creek Road each addressed the Council concerning their interest in serving on the Technology Improvement Committee. They commented on their experience in the technology field and their interest in working together on such a committee for the Town. They believed it was an exciting field and could be quite beneficial to the Town. Michael Scott, 27856 Black Mountain Road, had been unable to attend the Council Meeting due to a previous commitment. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to increase the membership number of the Technology Improvement Committee from five to seven. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to appoint Les Earnest, William Johnson, Alex Peake, William Smith, David Milgram and Stephen Leanheart to the Technology Improvement Committee for two vear terms. It was agreed that Mr. Scott would be invited to attend the next Council Meeting to be interviewed for the Technology Improvement Committee. 2.2 Presentation to City Manager Les M. Jones, II The Mayor noted that this presentation would take place at the City Manager's reception on Friday, January 6th. 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Item Removed: Item 4.5 (Casey) January 4, 1995 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson `y and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: November 16, 1994 (Adjourned Regular) 4.2 Approved Warrants: $385,071.52 (12/12/94) 4.3 Approved Certificate of Compliance, Lands of Russell, 13331 Lennox Way -- Reso #1-95 4.4 Approved request from Pathways Recreation and Parks Committee for authorization to attend the California Trails Conference on March 17-19, 1995 4.6 Approved appointment of Jeff Peterson as Acting City Manager -- Reso #2-95 4.7 Approved recommendation of Acceptance of Public Improvements: Moody Road/Adobe Creek retaining wall project --Reso 43-95 Item Removed: 4.5 Request for extension of the expiration date of a Site Development Permit for a new residence, pool and spa, Lands of Viso, 28620 Matadero Creek Court Jim Viso, applicant, explained to the Council his reasons for requesting this extension of his site development permit. During the past year he had undergone surgery and had also experienced some financial reversals. His plans had not been changed and were in compliance with the Town's Codes. He believed that it would be quite unfair to require him to start his this planning application all over again. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to approve the request for extension of the Site Development Permit for a new residence, pool and spa, Lands of Viso, 28620 Matadero Creek Court to January 20, 1996. AYES: Councilmembers Casey, Hubbard and Johnson NOES: Mayor Dauber and Mayor Pro Tem Siegel Dauber stated that she was against the use of grass Crete and had voted against the Viso project when it first came before Council. 5. UNFINISHED BUSINESS January 4, 1995 `I 5.1 Discussion in concept of Farmers Market at Town Hall Hubbard commented on the possibility of having a Farmers Market at Town Hall. This could not only provide a meeting place for neighbors but could also address some of the problems raised by the selling of produce on individual properties. Hubbard also commented that the Second Harvest Food Bank would pick up the excess produce on Mondays. Hubbard suggested the establishment of a committee to discuss this possibility with the neighbors and also to look into the legal ramifications. The possibility of using Bullis School was also raised. Although Johnson agreed with further discussion of a Farmers Market, he believed it was an administrative nightmare involving setting up stalls, limiting number of stalls, cleaning up, etc. Council commented that this would not be run by staff but rather by volunteers. It was noted that Town resident Nancy Couperus was in charge of the Menlo Park Farmers Market and it was suggested she would be an excellent source of information on the establishment of such a Farmers Market. It was agreed Mrs. Couperus would be contacted and asked to meet with the Council at a Council Meeting to discuss this issue. The neighbors of Town Hall would also be invited for their input. 6. NEW BUSINESS 6.1 Appointments of Council liaisons to Standing Committees, of Council - members on outside agencies and of Council sub -committees Committee Liaison Community Relations Elayne Dauber Environmental Design and Protection Bob Johnson Finance Sid Hubbard Pathways, Recreation and Parks William Siegel Safety Toni Casey Technology Improvement Committee Bob Johnson Youth Commissioner Mavor Exhibit Curator Mayor Town Historian Mavor Appointments to Outside Agencies ABAG Sid Hubbard William Siegel (al terna te) Community Health Awareness Council Rory Kaplan (CHAC) Intergovernmental Council (IGC) Mayor January 4, 1995 January 4, 1995 5 City Selection Mayor League of California Cities - Peninsula Elayne Dauber Division William Siegel (alternate) Los Altos Senior Coordinating Council Ramona Chown North County Library Authority Elayne Dauber Traffic Authority Policy Advisory Board Sid Hubbard Santa Clara Valley Water Commission Elavne Dauber Santa Clara Valley Water District Elayne Dauber Northwest Flood Control Advisory Jeff Peterson (alternate) Committee Santa Clara County Cities Bob Johnson Association Elayne Dauber(alternate) Congestion Management Agency - Policy Advisory Committee Sid Hubbard Congestion Management Agency William Siegel Palo Alto Unified School District Community Advisory Committee Peggy Esber `. Santa Clara County Housing and Community Ray Rooker Development Citizens Advisory Committee Library Board Elayne Dauber Joint Venture Silicon Valley Network Toni Casey Public Sector Roundtable Sub-Committees Town Newsletter Elayne Dauber William Siegel* Employee Personnel Regulations Sid Hubbard Town Composting Elayne Dauber Housing Element Elayne Dauber Bob Johnson* January 4, 1995 5 �Aw Planning Issues: Remodels, Sid Hubbard non -conforming structures, and William Siegel* defacto subdivisions Maximum Development Area Development Process Elayne Dauber* Sid Hubbard Toni Casey* Elayne Dauber (The asterisk indicates the lead Councilmember on the subcommittee.) 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager 8.1.1 Newspaper Articles on Community Development Block Grant Funds The City Manager referred to several misleading articles recently printed on the Town's use of Community Development Block Grant Funds. He had contacted the newspapers, the State and Charles Chew, Community Development Block Grant Program Manager to clarify the Council's actions. It was agreed that Council would not respond at this time with a letter to the editor. It was further suggested however that a positive article be written by the press on the use of funds to purchase a home in Mountain View for Project Match. 8.1.2 Retirement of City Treasurer The City Manager noted that the City Treasurer was planning to retire in October. He suggested that this position be filled early enough to allow for adequate training by the City Treasurer. 8.1.3 Resignation of City Manager The City Manager thanked the Council for all of their support during the past three and one half years. He had learned much from them and he was very grateful. 8.2 City Attorney January d. 1995 8.2.1 Report on Letter from Mr. and Mrs. Somekh The City Attorney referred to the letter from Mr. and Mrs. Somekh which raised questions about the meeting notification process for the Brockway Subdivision on Moody Road. The City Attorney referred to the meetings which had taken place including a visit to the site. She stated that these meetings had all been properly noticed and it was agreed that the Mayor would send a response to the Somekhs stating this opinion. 8.3 City Clerk 9. COUNCIL -INITIATED ITEMS MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to add the following to the agenda as an urgency item: Approval of attendance by Councilmembers at the Executive Academy being planned by the Governor's Office of Intergovernmental Affairs for March, 1995. 9.1 Executive Academy MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to authorize attendance by any Councilmember to the �. Executive Academy being planned by the Governor's Office of Intergovernmental Affairs for March, 1995. 9.2 Appraisal on Hau Property, Fremont and Edith Casey noted that Dr. Hau was requesting a copy of the appraisal which had been done by the Town on his property. Council discussed with the City Attorney the pros and cons of providing this appraisal to Dr. Hau. Casey also noted that she did not believe the Town should charge Dr. Hau for such a copy. PASSED BY CONSENSUS: To provide Dr. Hau with a copy of the appraisal report done by the Town on his property at Edith and Fremont at no charge. 11. PUBLIC HEARINGS 11.1 Request for approval of a Site Development Permit condition amendment to remove the requirement to dedicate additional right of way, Lands of Belden, 12033 Green Hills Court January 4, 1995 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to approve the request for a Site Development Permit condition amendment to remove the requirement to dedicate additional right of way, Lands of Belden, 12033 Green Hills Court 11.2 Request for approval of a Site Development Permit condition amendment to remove the requirement to dedicate additional right of way, Lands of Corrigan, 12797 Normandy Lane MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to approve the request for a Site Development Permit condition amendment to remove the requirement to dedicate additional right of way, Lands of Corrigan, 12797 Normandy Lane 11.3 Request for summary vacation for ten feet of right of way, Lands of LeBeau, 12795 Normandy Lane MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to adopt Resolution #4-95 summarily vacating excess right of way of a street. 11.4 Request for approval of a Site Development Permit to rebuild fire damaged residence with a major addition and a variance to exceed the �w allowable maximum floor area and maximum development area, I.ands of Roley, 12200 Winton Way Mr. Roley, applicant, addressed the Council on his appeal of the Planning Commission's denial of his application. Mr. Raley stated that thev had lost their house to fire in 1994 and were proposing to build a 5,200 square foot house. He explained that the existing foundation would be used as much as possible; there would be no intrusion into setback lines; grading would be kept to a minimum; and the new structure would be unobtrusive and would fit nicely into the neighborhood. Mr. Roley did not agree with the allowed development figures arrived at for his lot. He believed that since Winton Way served six properties at most only one sixth of the deduction for the driveway should be taken from the calculations for the net area of his lot and slope. He stated that he did not agree with the sixty foot right of way deductions being imposed for Winton Way, a private road. Mr. Roley stated that he did not agree with the Town's recommenation for a 4,000 square foot house inclusive of the garage. He considered this an unfair option and one which prevented them from bringing their property up to the standards of the other lots in the subdivision. According to his calculations they had the largest lot in the subdivision but the smallest house. Mr. Roley stressed the uniqueness of their lot and their efforts to comply with all of the Town's requirements- He also addressed their efforts to lower the house to reduce the visual impact on the neighbors. January -1, 1995 William Bailey, 23670 Camino Hermoso Road, noted that both the staff and the Planning Commission had recommended denial of this application. He further commented that if the proposed house had been in place when they first saw their lot, they would not have purchased their property. It had a definite negative visual impact on their property. Ginny Collins, Fox & Carskadon, stated that loss of view had a definite negative financial impact on a piece of property. She further noted that a year ago this house was not visible from the Bailey's property. Dot Schreiner, Chairman of the Planning Commission, stated that the Roley's lot was not unique. There were many lots in Town which involved more than one road right of way. She also believed that allowing the Roley's an exemption to the Town's regulations on garages would be precedent setting. There were many instances where residents would also like such an exemption. Barrett Bruch, 12186 Winton Way, noted that they were next door neighbors to the Roleys. He had comments to make on this application both as a neighbor and also as a member of the subdivision's architectural committee. As a member of the committee, he noted that the proposed house's architectural design was in accordance with the regulations. However, the committee had one proviso concerning the fire hazard of the pine trees. As a neighbor, Mr. Bruch raised several ` issues including the following: proposed development and floor area (their house was 4,100 square feet); restricted view (presently they could see over the Roley's house); a sheer white stucco was was directly in their view; and the fire hazard of the trees. Mrs. Roley, applicant, stated they had tried to work with their neighbors. They did not want to negatively impact their neighbors' views and had redesigned their home to achieve this goal. Concerning the pine trees, Mrs. Roley noted that many neighbors did not want them cut down. As a result they had pruned the trees and removed the debris. Mrs. Raley asked for compassion. They had been out of their fire ruined home for months and she wanted to go home. Gary Ahern, applicant's architect, addressed the site constraints of the lot, one of which was the location of the septic system. Jean Struthers, 13690 Robleda, referred to the Liddicoat fires in 1985. Those residents had been allowed to rebuild at 107 over what had been destroyed -- not thousands of square feet over. Hubbard stated that the applicants were aware of the right of way restrictions when they purchased the lot. Although he realized it was a difficult time for the Roleys, he did not believe it was fair to change the Town's regulations for them. Hubbard January 4, 1995 noted that adding so much additional square footage made this house a totally different project from what it had been. He supported the staff and Planning Commission's denial of this project. Dauber agreed with Hubbard. She did not believe that special privileges should be given to one resident. The Town would allow a 4,000 square foot house and the right of way on this lot had not been increased. Dauber did not agree with applicants choosing which regulations they agreed to comply with and when they should become effective. Dauber did not agree with a fire being the reason for allowing one neighbor more development than another. Johnson commented on the uniqueness of this lot and the review of this application by the subdivision's architectural committee. Johnson believed the findings could be made for the variance. Casey agreed with the applicant's request for a variance but the house should be reduced to protect the neighbor's view corridor. Siegel supported the variance for a 4,700 square foot home based on the following: the house was in line with the other homes in the neighborhood; the house must be a single story which did not negatively impact the Baileys'; and this was a modest expansion and remodel after a fire. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to direct the Planning Director and City Attorney to prepare variance findings for approval at the next Council Meeting to allow for a 4,700 square foot home for Lands of Roley, 12200 Winton Way based on the following: house fits in with size of homes in neighborhood; reasonable remodel and expansion after a fire; house must be one story; and house can not �w negatively impact view of the Baileys. AYES: Mayor Pro Tem Siegel and Councilmembers Casey and Johnson NOES: Mayor Dauber and Councihnember Hubbard MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to state that if the Roleys' submitted a redesign of their home, this application would be brought directly back to the Council for public hearing. AYES: Mayor Pro Tem Siegel and Councilmembers Casey, Hubbard and Johnson NOES: Mayor Dauber 11.5 Ordinance amending the Municipal Code to add provisions relating to Code compliance (FIRST READING) Council discussed the proposed ordinance on addressing code violations. Clarifications were made concerning fees to be imposed, process, including obstruction of pathways as a code violation and also adding planned non-operative January 4, 1995 10 vehicles to the nuisance category unless they were in a carport or screened from view. Such vehicles must also be registered in the homeowners' name. This ordinance will be brought back to the next Council Meeting with the changes included. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to waive further reading. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to introduce the ordinance amending the Municipal Code to add provisions relating to Code compliance, as amended by Council. The City Council adjourned to a Closed Session at 11:00 p.m. 12. CLOSED SESSION: GOVERNMENT CODE SECTION 54957: PUBLIC EMPLOYEE APPOINTMENT Title: City Manager Council returned to open session. { Council reached agreement on terms of a contract with Jeffrey Peterson as City fir, Manager and directed the City Attorney to prepare a contract. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to add the following to the agenda as an urgency item: 13. CLOSED SESSION: GOVERNMENT CODE SECTION 54956.9c: POSSIBLE LAWSUIT Council returned to open session to report, if necessary, on any action taken 14. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:30 p.m. Respectfulhi submitted, Patricia Dowd City Clerk The minutes of the January 4, 1995 Regular City Council Meeting were approved at the January 18, 1995 Regular City Council Meeting. January 4, 1995