HomeMy WebLinkAbout03/01/1995Minutes of a Regular Meeting
March 1, 1995
Town of Los Altos Hills
City Council Meeting
Wednesday, March 1, 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 6:05
p.m. in the Council Chambers at Town Hall.
Present: Mayor Dauber and Councilmembers Casey, Hubbard,
Johnson and Siegel
Absent: None
Staff: City Manager/City Engineer Jeff Peterson, City Attorney
Sandy Sloan, Planning Director Linda Niles, Financial
Consultant Janice Bohman and City Clerk Pat Dowd
Press: Jan Shaw, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Presentation to Linda Niles, Planning Director
Council presented Linda Niles with a picture of the Town Seal in appreciation for
her contributions to the Town over the past three years in the position of Planning
Director. Council thanked Linda for all of her assistance in making the planning
process better and for being an important part of the Town's staff. Ms. Niles
thanked Council for their comments and noted that she had enjoyed her three years
working in Los Altos Hills.
2.2 Presentation of Proclamation stating March 19-25, 1995 as "Mediation
Week" and comments by a representative of the Santa Clara County
Office of Human Relations
No one was present from the Office of Human Relations.
2.3 Presentation by Lee Danforth, President of the Los Altos Hills Little
League
March I, 1995
�w Lee Danforth, President of the Little League, thanked the Council for affording him
the opportunity to bring them a status report on Little League activities. He
commented that approximately 260 children were involved and approximately 150
adult volunteers. Four out of five of the children were from Los Altos Hills with
the rest from bordering communities. It was incorrect that Los Altos and Los Altos
Hills Little Leagues had combined. Concerning parking Mr. Danforth noted that the
two problem times were Wednesday afternoons and Saturday mornings. It was not
a constant problem but the coaches has been asked to remind the parents to park
legally. On the subject of a contained play area for the small children, he noted that
nothing had been done to date on this issue but it was under discussion. Mr.
Danforth stated that he would look into the water usage issue when reminded by
Council that to date 81% of the budgeted amount had been used. Mr. Danforth
invited Council to attend opening ceremonies which were scheduled for 9:00 a.m.
on Saturday, March 18th.
3. PLANNING COMMISSION REPORT
4. CONSENT CALENDAR
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to add the following two items to the agenda as urgency items:
1) proclamation honoring Ingrid Jackson -MacDonald as the recipient of the Walter
and Marie Singer Award (consent calendar); and 2) agreement for the professional
planning consulting services of Stevenson, Porto & Pierce, Inc. (new business)
Items Removed: 4.2 (Siegel), 4.8 (City Manager), 4.9 (Dauber) and 4.10 (Casey)
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to approve the balance of the Consent Calendar:
4.1 Approved Minutes: February 1, 1995 (Regular Meeting)
4.3 Awarded Certificates of Appreciation: Barbara Vetterlein, Safety
Committee and Ruth Buneman, Environmental Design and Protection
Committee
4.4 Approved Grant of Easement for pathway, Lands of Santora, 12008
Finn Lane -- Reso #13-95
4.5 Approved request for a lot line adjustment, Lands of Horton,
26030 Altamont Road
4.6 Approved request for a one year extension of the site development permit
for a swimming pool, Lands of Liu, 28635 Matadero Creek Lane
March I, 1995
` 4.7 Issued Proclamation: Honoring Roberta M. Gardella for her community
contributions particularly with the OUTREACH Program
4.11 Issued Proclamation: March 19-25, 1995 "Mediation Week"
Items Removed:
4.2 Approval of Warrants: $102,525.79 (1/31/95)
$ 42,908.88 (2/10/95)
Council asked for clarification of the bills from Stouts and was advised this was
for the annual spraying program. Siegel suggested there be competitive
bidding for this service.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard
and approved unanimously to approve the warrant lists in the following
amounts: $102,525.79 (1/31/95) and $42,908.88 (2/10/95)
4.8 Authorization to advertise the Town's FY1994-95 Miscellaneous Street
Legends and Striping Project for Competitive Bids -- Reso #__
Council commented on the recent request from a resident for a crosswalk at
and it was agreed this would be added to this list.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by
Johnson and passed unanimously to adopt Resolution #14-95 ordering the
performance of certain work
4.9 Authorization to advertise the Town's FY1994-95 Asphalt Berm and
Interceptor Ditch Project for Competitive Bids -- Reso #
Dauber suggested that concrete was a better material than asphalt. The City
Manager responded that it could be used but in addition to concrete being
more expensive, it was an issue of aesthetics. Concrete tended to result in
a more urban look. It was agreed that this issue would be reviewed when
the Circulation Element of the General Plan was reviewed.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson
and passed unanimously to adopt Resolution #15-95 ordering the
performance of certain work
4.10 Authorization to advertise the Town's FY1994-95 Tree Planting Grant
Project for Competitive Bids -- Reso #___
March I. 1995
Casey asked for clarification of where this tree planting was going to take place
`, and was advised that it had been approved for the Town entry at
Arastradero. The grant had been approved specifically for this project.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey
and passed unanimously to adopt Resolution #16-95 ordering the
performance of certain work.
5. UNFINISHED BUSINESS
5.1 Concept of Farmers' Market at Town Hall (continued to April 5, 1995
Council Meeting)
6. NEW BUSINESS
6.1 Request for interpretation of Zoning Code Section 10-1.703(h)(2)
allowing conditional use permit for public services (request by Nextel
to erect an antenna)
Staff reported that Nextel had come before the Planning Commission with a request
for a conditional use permit. However, staff had determined that Nextel was not a
public utility and therefore did not fall under the allowed uses for a conditional use
permit. Nextel withdrew their application. Upon further review it was not clear
whether a public service use was also required to be a public utility and Nextel was
before Council for an interpretation of the code.
Laura Albright, representing Nextel, addressed Council with their request that they
be designated a public service use which would allow them to apply for a
conditional use permit. Ms. Albright stated that Nextel provided dispatch radio
service and with their digital system they are able to provide other services in
addition to the dispatch service. She outlined the safety features and benefits of
their product including voice messaging, mobile telephones, data/fax
communications, fraud protection, private communications and efficiency. Public
benefits included economic, no pollution, safety of users and public and ability to
provide emergency communications to the Town. Ms. Albright noted that Santa
Clara, San Mateo and Marin Counties had designated Nextel a public service use.
Presently Nextel was discussing a site on the Fenwick property. The antenna would
not be visible, there would be an underground vault and it would be their only site
in Town.
Council discussed the presentation made by Ms. Albright and the background
information she had provided on Nextel. They also discussed what sites would be
appropriate for such structures noting that GTE was on the water district land and of
what benefit such structures could be to the Town.
March I, 1995
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and
passed unanimously to interpret Code Section 10-1.703(h)(2) to include a public
service company such as Nextel and to direct the City Attorney to clarify the
language of this code section.
6.2 Mid -Year Budget Review and Budget Adjustment -- Reso
The City Manager commented that in addition to the budget information Council
had received, he had provided them with a status report on 1994-95 Capital
Improvement Projects.
Council thanked staff for an excellent mid -year budget report and the Finance
Committtee for their careful review and recommendations. Casey raised the subject
of the Town possibly purchasing easements but Johnson believed this would not be
establishing a good precedent. Dauber suggested asking residents to donate path
easements for tax credits with the Town paying for the legal and engineering fees
involved. It was agreed with issue would be agendized for future discussion.
Council discussed a contribution to Joint Venture Silicon Valley. Casey supported a
$2,000 contribution stating that although the Town was small it was home to many
leaders in Silicon Valley. Dauber noted that other cities reaped rewards from joint
Venture in receipt of increased sales tax. Hubbard commented that Joint Venture
involved more than economic benefits.
MOTION FAILED BY THE FOLLOWING ROLL CALL VOTE: Moved by Johnson,
seconded by Dauber and failed by the following roll call vote to approve a $1,000
contribution to Joint Venture Silicon Valley.
AYES: Mayor Dauber and Councilmember Johnson
NOES: Mayor Pro Tem Siegel and Councilmembers Casey and Hubbard
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and
passed by the following roll call vote to approve a $2,000 contribution to Joint
Venture Silicon Valley.
AYES: Mayor Pro Tem Siegel and Councilmembers Casey and Hubbard
NOES: Mayor Dauber and Councilmember Johnson
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to agree with the following recommendation from the Finance
Committee: that the appropriation changes requested by the Financial Consultant be
approved but the budget not be changed except for areas of corrections. Additions
should remain unbudgeted but fully funded. This would provide full funding for
all budget line items and would retain the original (or corrected) budget for year end
performance measurement purposes.
March I, 1995
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to adopt Resolution #17-95 adopting the mid -year budget for
fiscal year 1994-95 including authorizing a $26,000 appropriation increase for the
Solid Waste Budget and including the correction of the errors in the operations
budget as outlined in the Financial Consultant's mid -year budget amendment for
FY94-95.
6.3 Agreement for the professional planning consulting services of
Stevenson, Porto & Pierce, Inc.
The City Manager introduced Mike Porto and Debbie Pollart from the firm of
Stevenson, Porto and Pierce. In response to an inquiry from Council concerning the
timeframe for hiring a new Planning Director, the City Manager stated that March
10th was the final filing date. They expected to be interviewing early April and have
a Planning Director on board by mid-May.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and
passed unanimously to authorize the City Attorney to draft a contract with
Stevenson, Porto & Pierce, Inc. to perform interim planning services and to bring a
resolution and the agreement to the next Council Meeting for approval.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Pathways Recreation and Parks Committee
7.1.1 Recommendation for proposed route of the DeAnza Trail
Les Earnest, Chairman of the Pathways Recreation and Parks Committee,
explained that the DeAnza Trail was one of the four main trails in the area
and the proposed route in his memo dated 2/9/95 was as close to the
original trail as possible. This was actually a tentative plan with the
project being planned over the next five years and would be subject to
change.
Hubbard commented that this trail was designated a National Historic Trail
going 1,200 miles from Mexico to San Francisco. He did not see a
significant impact on the Town in supporting this proposal.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson
and passed unanimously to approve the proposed route of the DeAnza
Trail in concept.
thw March I. 1995
%W 7.1.2 Recommendation that fencing be removed next to the
pathway under the Page Mill and 280 intersection
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey
and passed unanimously to send a letter, subject to review by the City
Engineer, to the County requesting that the fencing be removed next to the
pathway under the Page Mill and 280 intersection
7.1.3 Request for no parking sign on Arastradero at the Park and Ride
PASSED BY CONSENSUS: To send a letter, subject to the review of the City
Engineer, to the County requesting them to review the area of the park
and ride and Arastradero and to place signage regarding overflow parking
and restriction of parking on Arastradero.
7.1.4 Recommendation that equestrian crossing signs be placed
on Altamont at the entrance to the Horton residence
Siegel expressed his concerns about the increasing number of signs in Town.
No action was taken on this item at this time.
7.2 Report from the Compost Sub -Committee
�. Dauber reported that the Compost Subcommittee has organized a compost
distribution day on April 22nd at Town Hall. The composters which were
the ones distributed in the pilot project will be advertised in the Los Altos
Garbage Company's billing. The project will cost under $50 for printing
charges and very little staff time.
PASSED BY CONSENSUS: To concur with the compost distribution project
scheduled for April 22nd.
8. STAFF REPORTS
8.1 City Manager
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence dated 2/21/95
8.3.1a Letter from the Governor's Office with an excerpt
from House Speaker Gingrich's speech -- request for
*AW input on Corrections Day
March I, 1995
�,.
PASSED BY CONSENSUS: To authorize the Mayor sending a letter to the
Governor's Office commenting on the following examples of the 'strings' attached
to federal grants: call for contractors for the Cypress Freeway project -- purpose social
engineering or building a bridge?; $1.1 million expenditure to obtain a $150,000
grant?; Santa Clara Valley Water District -- money for projects available but cannot
be done because permits are necessary and the permit process is quite lengthy.
9. COUNCIL -INITIATED ITEMS
9.1 Council Vacation Schedule (Mayor Dauber)
PASSED BY CONSENSUS: To cancel the second Council Meeting in August (16th)
and the second Council Meeting in December (20th).
9.2 Obsolete Ordinances (Mayor Pro Tem Siegel)
Siegel reported that he had found certain sections of the Code which were obsolete
and he suggested that the City Attorney prepare an ordinance to correct these errors.
PASSED BY CONSENSUS: To direct the City Attorney to prepare an ordinance
correcting the errors in the Town Code listed in Siegel's memo dated 2/23/95 with
the correction that the title to Article Four be changed to 'Drainage Fund'.
9.3 Establishment of a Solid Waste Sub -Committee (Mayor Pro Tem Siegel)
PASSED BY CONSENSUS: To establish a Solid Waste Sub -Committee of one
Councilmember (Siegel), a member of the Finance Committee and the City
Manager.
9.4 Appointment to Community Development Block Grant Citizens'
Advisory Committee (Mayor Dauber)
PASSED BY CONSENSUS: To appoint Shelley Doran as the Town's Representative
to the Community Development Block Grant Citizens'Advisory Committee.
9.5 Yardwaste Site (Mayor Dauber)
Dauber thanked the City Manager and the crew for doing an excellent job in
cleaning up the yardwaste site.
9.6 Steve Young Day (Councilmember Hubbard)
Hubbard commented that a rally honoring Steve Young was being planned by Los
Altos and Los Altos Hills. This rally was scheduled for March 25th at 11:00 a.m.
March 1, 1995
9.7 Meeting with representative from PG&E (Councilmember Johnson)
Johnson reported that he had met with a representative from PG&E and
clarification was obtained on positions held by Senator Feinstein and Representative
Anna Eshoo concerning nuclear waste.
9.8 Joint Meeting with Planning Commission (Mayor Dauber)
Dauber noted that a joint meeting with the Planning Commission was scheduled
for March 29th.
10. PRESENTATIONS FROM THE FLOOR
Mr. Luis Yanez asked the Council to place an urgency item on the agenda
concerning the conditions of approval imposed on his house at 26879 Moody Road,
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to add the request for modification of the conditions of
approval for a new home at 26879 Moody Road to the agenda as an urgency item,
noting specifically that this was the last meeting the present Planning Director
would be attending and it would be helpful to receive her comments on this issue.
11. PUBLIC HEARINGS
11.1 Request for a Site Development Permit to rebuild fire damaged
residence with a major addition and a variance to exceed the allowable
maximum Floor area and maximum development area, Lands of Roley
12200 Winton Way
Gary Ahern, applicant's designer, reported on the changes that had been made to the
design of the project. The house was now 19' high and had been reduced seven feet
from the highest point. The house has also been changed to a single story home.
He did comment however that due to the location of the house, there would some
part of the roof element in the Bailey's view corridor that had not been there before.
Mr. Roley, applicant, explained the reduction of the house from 26' to 19'. He noted
that the house was two feet higher than the previous house but did agree to
reducing the plate of the house. He further commented that they were attempting
to minimize the development area. On the subject of landscaping Mr. Roley asked
that the condition regarding landscaping be waived. There was existing landscaping
and they were not planning on removing any trees.
March I, 1995
V
Wilbur Bailey, 26370 Camino Hermoso, reiterated his concerns about the impact of
this project on his home. He did not agree that the new project was 19' and thought
it was definitely higher.
Dot Schreiner, Chairman of the Planning Commission, commented that this house
was going from 2,500 square feet to 4,000 square feet and the bulk of the project was
pushing the house out.
Dauber commented that she thought the design of this house was much better than
the earlier submitted design. However, she had some concerns. One of these was
comformance with the basement ordinance. Dauber believed that approving this
design would weaken the Town's carefully thought out basement ordinance.
Dauber further expressed concerns about extending the house out front because of
the fill. She asked if soils work needed to be done before there was an extension out
front. Also she raised the issue of the skylights and the negative impact on the
neighbors at night. She inquired if the applicant could provide some cost estimates
for shielding their skylights. Seigel believed the house should be lowered one to
two feet. Hubbard stated that he was against this project as he could not make the
findings for a variance. Regarding the view corridor he believed there was a
significant intrusion into the Bailey's view. Johnson recommended the applicant
providing photos and a sketch of the view corridor and the exact impact of their
project on the Bailey's property. He found it quite difficult to determine the impact
from the plans before the Council.
PASSED BY CONSENSUS: To add a condition stating that the foundation and
height shall be certified and the restrictions on floor area shall be recorded.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to approve the maximum floor area of 4,700
square feet.
AYES: Councilmembers Casey, Johnson and Siegel
NOES: Mayor Dauber and Councilmember Hubbard
PASSED BY CONSENSUS: To amend condition #4 to read: "Prior to final inspection
a landscaping planting plan or a plan of the existing landscaping shall be reviewed
by the Planning Director. If the Planning Director determines that the existing
landscaping is sufficient this condition can be withdrawn. Particular attention shall
be given to ....."
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and
passed by the following roll call vote to increase the grandfathered development
area of 9,160 square feet by 700 square feet based on the restrictions on the lot
including the septic tank.
10
March 1, 1995
AYES: Mayor Dauber and Councilmembers Hubbard and Siegel
�Aw NOES: Councilmembers Casey and Johnson
PASSED BY CONSENSUS: To add the condition that the fill in the front yard shall
be studied by William Cotton and Associates.
PASSED BY CONSENSUS: To request applicant to report on cost of shading
skylights.
PASSED BY CONSENSUS: To continue the request for a Site Development Permit
to rebuild fire damaged residence with a major addition and a variance to exceed the
allowablemaximum floor area and maximum development area, Lands of Roley
12200 Winton Way to the March 15, 1995 City Council Meeting.
11.2 Request from Mr. Yanez for removal of condition of approval for his home at
26879 Moody Road
Mr. Yanez, applicant, addressed the Council with his request for removal of the
landscaping condition for the reconstruction of his fire -damaged home on Moody
Road. He did not agree that he should have to submit a formal landscape plan when
he had landscaping on the property. In addition he had spent $20,000 to remove
landscaping which he was told was necessary in order to comply with another of the
conditions that required removal of trees at the driveway entrance. In addition, Mr.
Yanez wanted to move into his home this week so he was asking for an occupancy
permit with the conditions to be resolved at a later date.
The Planning Director stated that she had visited the site and there was no
mitigation landscaping at the front of the house. She further commented that she
had met with Mr. Yanez on February 9th and advised him that he would need to go
through the site development process for his landscaping plan. The Planning
Director also noted that the conditions for this project were imposed in December of
1993. In addition to the landscaping there were also other conditions which needed
to be met. These included in part drainage and final construction of pathway as
approved by the City Engineer.
Hubbard suggested Mr. Yanez submit his existing landscaping plan for review by the
Site Development Committee and noted that everyone had to go through this same
process. Casey thought Mr. Yanez should be allowed to move into his house and all
fees should be waived. She further noted that in her opinion the fees were out of
line and she stated the fee structure would be reviewed by Council at a later date.
Siegel stated that mitigation screening was definitely needed. Dauber, Hubbard and
Siegel all agreed that the landscpaping plan was necessary, the Site Development
March I, 1995
11
Process should be followed and no occupancy permit should be granted. Johnson
stated that he had not realized this was going to be discussed, had not gone to visit
the site and therefore would abstain. Casey referred to the minutes from the
December, 1993 meeting which stated Mr. Yanez could submit his existing landscape
plan. She also abstained from voting on this issue.
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:00 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the March 1, 1995 City Council Meeting were approved at the
March 15, 1995 Regular City Council Meeting.
March I, 1995
12
Minutes of an Adjourned Regular Meeting
March 2, 1995
Town of Los Altos Hills
City Council Meeting
Thursday, March 2, 1995, Noon
1. CALL TO ORDER AND ROLL CALL
Mayor Dauber called the Adjourned Regular Meeting of the City Council to
order at noon.
Present: Mayor Dauber and Councilmembers Johnson and Siegel
Absent: Councilmembers Casey and Hubbard
Staff: City Clerk Pat Dowd
2, CLOSED SESSION: PERSONNEL: PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Public Employee Performance Evaluation -- Planning Director
Council returned to open session to report, if necessary, on any action taken.
3. PRESENTATIONS FROM THE FLOOR
4. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 2:45 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the March 2, 1995 Adjourned Regular City Council Meeting
were approved at the March 15, 1995 Regular City Council Meeting.
March 2, 1995