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HomeMy WebLinkAbout06/21/1995Minutes of a Regular Meeting June 21, 1995 Town of Los Altos Hills City Council Meeting Wednesday, June 21, 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 Hubbard, Johnson and Siegel Absent: Councilmember Casey Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams, Planning Consultant Dain Anderson and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to add a Closed Session on Litigation to the agenda as an urgency item. LA REORGANIZATION OF THE COUNCIL MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to appoint William Siegel as Mayor for a one year term. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to appoint Sid Hubbard as Mayor Pro Term for a one year term. Dauber thanked the residents, volunteers, staff and Council for an interesting, rewarding and productive year. Council thanked Dauber for her contributions to the Town as Mayor. In particular Council acknowledged Dauber's successful June 21, 1995 Regular City Council Meeting kv V composting program and organization and strengthening of the committee structure. She indeed energized the Town during her term as Mayor. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Gottlieb reported that the following actions were taken at the June 14, 1995 Planning Commission Meeting: Lands of Goldberg, 12012 Emerald Hill Lane - request for a site development permit for a new residence and pool - denied without prejudice; Lands of Chawla, 24289 Hillview Road - request for a site development permit for a new residence - continued for redesign; and Lands of Nextel Communications (Lands of Fenwick), 28011 Elena Road - request for a conditional use permit for the construction and operation of an unmanned telecommunications transceiving facility - recommended approval - will be scheduled for City Council public hearing. On this last item, the Commission asked Council for some direction. Did the Council wish to set some perameters for such antennas, such as how many would be allowed in Town and a determination of the issue commercialism vs. public service? 4. CONSENT CALENDAR Items Removed: 4.1 - June 7, 1995 Regular and Adjourned Regular Meeting (budget) minutes and 4.4 (Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to approve the remainder of the Consent Calendar, specifically: 4.1 Approved Minutes: May 17, 1995 (Regular Meeting) June 7, 1995 (Adjourned Regular Meeting) 4.2 Approved Warrants: $93,908.21 (6/12/95) 4.3 Decided Not To Review the following Planning Commission Actions at its Meetings on May 24, 1995 and June 5, 1995: 4.3a Request for a Site Development Permit for a secondary dwelling unit, 12033 Green Hills Court, Lands of Belden 4.3b Request for a Site Development Permit for a second story addition, Lands of Willis, 26970 Arastradero Road June 21, 1995 Regular City Council Meeting `. 4.3c Request for a Site Development Permit for a new residence and pool, 11801 Francemont Avenue, Lands of Ward 4.3d Request for a Site Development Permit for a new residence and pool, 11881 Francemont Avenue, Lands of Ward 4.3e Request for a Site Development Permit for a second story addition and remodel, 25879 Fremont Road, Lands of Wong 4.3f Request for a Site Development Permit for a second story addition and remodel, 26707 Tanglewood Lane, Lands of Lloyd 4.3g Request for a Site Development Permit for a new residence, 27078 Fremont Road, Lands of Kawasaki 4.3h Request for a Site Development Permit for a new residence, 25400 LaRena Lane, Lands of Gates 4.3i Request for a Site Development Permit for a new residence, 24025 Oak Knoll Circle, Lands of Lohr Council reiterated their request that they receive a copy of the conditions for each application as approved by the Planning Commission. 4.5 Accepted Middle Fork Lane Drainage and Pathway Project, M.B. Taaffe Inc. — Reso #42-95 4.6 Accepted Tree Planting Grant Project, T&L Landscaping -- Reso #43-95 4.7 Accepted Asphalt Berm and Interceptor Ditch Project - Re -New Sealers, Inc. -- Reso #44-95 4.8 Approved resolution establishing Standing Committees and adopting General and Special Rules pertaining thereto -- Reso #45-95 4.9 Awarded Contract for installation of heating and air conditioning in the Heritage House -- Reso #46-95 4.10 Authorized filing an application with the Santa Clara County Local Agency Formation Commission to expand the Town of Los Altos June 21, 1995 Regular City Council Meeting Hills' Urban Service Area to include properties comprising the proposed Quarry Hills Subdivision and several smaller adjoining residential properties -- Reso #47-95 4.11 Approved execution of the seventh amendment to agreement to provide local law enforcement agency access to the California Identification System -- Reso #48-95 4.12 Approved agreement with the City of Palo Alto for animal services -- Reso #49-95 4.13 Approved addendum to agreement with Janice Bohman -- Reso #50-95 4.14 1994-95 CIP Project Status dated 6/1/95 Items Removed: 4.1 Approval of Minutes: June 7, 1995 (Regular Meeting) June 7, 1995 (Adjourned Regular Meeting) PASSED BY CONSENSUS: To approve the minutes of the June 7, 1995 Regular City Council Meeting with the following corrections: page 4, last line should read: "maintenance and emergency access only off Old Altos and Burke ... "; and page 5, first line should read: "conservation easement on Lot C to be accepted ....". MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously by all members present to approve the minutes of the June 7, 1995 Adjourned Regular City Council Meeting with the following correction: page 2, correct the motions concerning Joint Venture and the Childrens' Shelter to state that their requests for contributions would be considered at mid -year budget review. 4.4 Approval of agreement for audit services with Clyde Brown and Associates -- Reso # Dauber questioned the timeframe of this agreement and staff explained the audit schedule. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously by all members present to adopt Resolution #51-95 approving the agreement for audit services with Clyde Brown and Associates 5. UNFINISHED BUSINESS June 21, 1995 Regular City Council Meeting `. 5.1 Report on Policy regarding exterior colors (Color Board) Dot Schreiner, Chairman of the Planning Commission, addressed the Council on the subject of the color board and the part this plays in enhancing the Town's philosophy of a rural atmosphere. She also suggested adding wood trim to the color board. Hubbard thought the color board too regulatory and would not support this ordinance on color at all except there were those few who would abuse the situation if the color board were not in place. Hubbard suggested and Johnson concurred that an option be included for choosing a color off the color board. Siegel noted that some homes logically should be a particular color, i.e. a Mount Vernon style home would reasonably be white. Dauber commented however that when one was building or remodeling there were an overwhelming number of choices to be made and she felt the color board offered a large selection of color choices and thus made it easier for the applicant. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to adopt the following policy on the exterior colors of structures and fences: 1. Exterior colors for new structures or major remodels, including fences, `, shall match those colors depicted on the Town's color board, available for viewing at Town Hall, and shall exhibit a light reflectivity value of 50 or less. Roofs shall use materials which have a light reflectivity value of 40 or less. White trim area should be minimized, particularly on large surfaces such as doors, columns, railings, and trellises. 2. Colors and reflectivity values other than those depicted on the color board may be approved by the Site Development Authority." 5.2 Report on policy regarding tennis/sport courts, driveways and parking and development area MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously by all members present to adopt the following policy on development area and tennis/sport courts, driveways and pervious surfaces: 1. No development credit will be granted for the use of semi -permeable materials(s) on any of the following: June 21, 1995 Regular City Council Meeting 4W a. Tennis or sports courts b. Driveways C. Required parking areas d. Turnarounds e. Above -ground decks 2. In other development areas, credit for the use of semi -permeable material(s) (grasscrete, etc.) of up to 100% may be granted depending on the permeability and appearance of the surface." 6. NEW BUSINESS 6.1 Proposal for design services to repair the Edgerton Road Landslide Dauber commented that it appeared there was only one solution to this situation and she questioned the wisdom of approving a $20,000 contract for a $60,000 project. Why not just proceed with the project? The City Manager stated that other alternatives were possible based on the information received from this geotechnical investigation. (� MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously by all members present to approve a contract with William Cotton and Associates (as outlined in their letter to the City Manager dated 5/12/95) for the geotechnical investigation of the Edgerton Landslide 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Pathways Recreation and Parks Committee 7.1.1 Request for a revision to the pathway slope standard Council had before them a request from the Pathway Committee for a proposed slope standard as follows: "Slopes on new pathways shall not exceed 10% except where necessary and practical as determined by the City Engineer." Mary Stutz, 25310 Elena Road, addressed the Council both as a resident and as a former member of the Pathways Committee (for about ten years). She did not agree with the adoption of a slope standard. The Town had an outstanding pathway system and they had never had a slope standard. She saw no reason to June 21, 1995 Regular City Council Meeting L adopt one now. Mrs. Stutz also referred to the Town's Master Pathway Plan which was adopted in 1982. She further commented on the repair and washout of paths noting that Type IIB paths were much more affected than native paths. Mrs. Stutz believed this was due to the Town no longer using neary fines for the paths. Les Earnest, Chairman of the Pathways Committee, explained the committee's slope standard recommendation as a method to reduce erosion. He also commented on the useability of paths. On the subject of the Master Path Plan, he noted that some of the paths on this plan were impractical and needed to be deleted. They planned to review the Master Path Plan. Siegel believed that the Town had to start asking some more precise questions concerning paths such as "Is a path possible?" and this standard was a step in that direction. Hubbard did not agree with the proposed slope standard. He thought the Town had a great path system and it was possible an applicant could use this standard as a reason not to give a path. On the subject of erosion, he noted that water bars could be used. Carol Gottlieb, 24290 Summerhill, believed that the concept of a slope standard was `, good but there were many ramifications which needed to be addressed. She thought it possible that a 10% slope standard could be used in a large subdivision. Bob Stutz, 25310 Elena, noted that the new paths were not in as good condition as the old paths and perhaps the whole concept of surfacing should be addressed. He referred to the State Recreational Trails Committee as a group having some ideas on this issue the Town might want to consider. Mr. Stutz did not agree with a 10% slope standard. Council commented that more review of this issue was needed and no action was taken on this matter at this time. 7.2 Composting Subcommittee: final report and completion of subcommittee Council accepted the final report of the composting subcommittee and closed this subcommittee. 7.3 Development Area Subcommittee: completion of subcommittee June 21, 1995 Regular City Council Meeting Council accepted the final report of the development area subcommittee and closed this subcommittee. 7.4 Space Study Subcommittee: recommendation regarding expansion approach Council referred to the space study consultant's report regarding options and believed the issue was becoming far too complicated and theoretical. They referred to the City Manager's recommendations made during budget discussions for minimal but effective interior remodeling of Town Hall as a much more feasible approach. Dauber stated that while such modifications might make the situation better, she believed staff needed more room and a remodel of Town Hall should be considered. PASSED BY CONSENSUS: To end the contract with the space study consultants, Stoecker and Northway and to proceed with the City Manager's recommendations for interior Town Hall remodel at this time. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Discing The City Manager reported that Karen Jost, President of the Los Altos County Fire Protection District, had called him regarding weed abatement in the Town. Apparently the Sheriff's Department had stopped the workers doing the discing because they were not working within the approved construction hours. The City Manager noted that it was necessary to get this work done as quickly as possible and he would be giving his authorization to proceed with this work on an urgency basis. 8.1.2 Quarry Project The City Manager noted that he had met with Mr. Vidovich to discuss the status of the quarry project. Since that discussion, staff has still not received all of the materials which had been requested to move forward on this project. Siegel questioned the need to get all of this information at this time rather than during the public hearings. The City Manager and City Attorney reiterated the importance of getting this information to Council sooner rather than later for their review. June 21, 1995 Regular City Council Meeting 8.2 City Attorney 8.2.1 Spangenberg The City Attorney reported that a hearing was scheduled the following week at the Court of Appeals on the Spangenberg case. She would advise Council of the Court's decision. 8.3 City Clerk 8.3.1 Report on Council Correspondence 8.3.1a Request from the Domestic Violence Council concerning a two-day conference in October entitled Ending Family Violence: A Community Challenge It was agreed that Dauber would send a letter to the Domestic Violence Council stating that the Town was unable to participate in this conference. 9. COUNCIL -INITIATED ITEMS �Ar 9.1 Request from Streamlining Subcommittee for a joint meeting with the City Council and the Planning Commission on Thursday, July 13 at 5:00 p.m. (Councilmember Casey) Siegel and Hubbard both commented that they were unavailable on July 13th for this meeting. No action was taken on this item at this time. 9.2 SB 647 -- Fee Adjustments -- (Councilmember Dauber) Dauber referred to SB 647 which would prohibit a city from imposing a new fee, charge, or increasing an existing one by administrative authority, action or regulation. The City Attorney noted that the Town did review its fee schedule which was what this bill was recommending as the appropriate course of action. No action was taken on this item. 9.3 Bullis School - Multi -Purpose Auditorium Project (Councilmember Johnson) June 21, 1995 Regular City Council Meeting [ Johnson noted that he had distributed notes on a possible newsletter article on this fit, proposed project. These notes were for information only at this time and were still in the draft stage. 9.4 Technology Improvement Committee (Councilmember Johnson) Johnson commented on the several projects this committee was involved with and noted that he was quite impressed with their work. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for a tentative map and mitigated negative declaration for a proposed three lot subdivision, Lands of Lindy, 27591 Purissima Road Shannon Paboojian, applicant, commented on the original street name for this subdivision which was Samuel Lane. It was changed to Brubaker for historical reasons but he understood the concerns about its similarity to Baker Lane which was nearby and would contact the Fire Department and abide by their recommendation. Concerning lot #3 he explained why the house was moved to the other side of the creek, in part because of neighbors' concerns and conformance with the Town's policy on leach fields. Mr. Paboojian noted that this project was in conformance with the Town's Codes and had been reviewed favorably by the appropriate outside agencies such as the Santa Clara Valley Water District and the Department of Fish and Game. Mr. Paboojian further noted that he concurred with the recommended mitigated negative declaration and conditions of approval. David Pilling, 12849 Canario Way, referred to his letter to the Town dated 6/15/95 in which he addressed his concerns about the Lindy project. Mr. Pilling was especially concerned about drainage and did not agree with the reports on this subject on file, nor did he believe the tests done were adequate. His property was experiencing drainage problems and he believed this was caused by the development in the neighborhood and was only going to get worse. Mr. Pilling stated his specific concern about the proposed house on Lot #1 where he believed the most serious soil conditions existed. Mr. Pilling also recommended support of a sewer system for this area of Town in view of the increased development. The Assistant Engineer stated that the concerns raised in Mr. Pilling's letter had been addressed in part by trenching and conducting perc tests. Simon Makdessi, Terrasearch, Inc., addressed Mr. Pilling's concerns by explaining the tests that were done on the Lindy property. He noted that the water was localized to the near surface and there was no evidence of underground springs. June 21, 1995 Regular City Council Meeting IN Ruth Morrison, 27641 Purissima Road, commented that she had some drainage problems on her property but they were due solely to the 1989 earthquake. They had been corrected and there had been no additional drainage problems. PASSED BY CONSENSUS: To amend the conditions of approval for a tentative map for a three lot subdivision for Lands of Lindy at 27591 Purissima Road as follows: Condition #16: amend the second sentence to read: The CC&Rs shall also indicate that fire sprinklers are to be installed in all new residences for these proposed properties if required by the Fire Department, ....... Condition #16: add a statement that the drainage swale on Lot #1 and Lot #3 is to be maintained by the owners of Lots #1 and #3. Condition #23: add sanitary sewer easements Condition #30a: add the following sentence: "This house will most likely have a height restriction." (exact wording to be determined by the City Attorney). To add a condition stating that the drainage swale on Lot #1 was to be maintained by the owners of Lots #1 and #3. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously by all members present to state that for Lot #3 the Site Development Committee should endeavor to put the house on the east side of the creek subject to the geotechnical report. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Dauber that Lot #3 shall be limited to a maximum of 5,000 square feet on the west side of the creek. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously by all members present to approve the request for a tentative map and mitigated negative declaration for a proposed three lot subdivision, Lands of Lindy, 27591 Purissima Road, subject to the conditions of approval recommended by the Planning Commission and amended by Council. 11.2 Adoption of a proposed Town Budget for the fiscal year 1995-96 and the appropriations limit for the fiscal year ending June 30, 1996 -- Reso #__ and approval of the Town's compensation plan -- Reso #_ Dauber referred to the office capital budget and asked for clarification. C June 21, 1995 �r Regular City Council Meeting Jim Steiner, Chairman of the Finance Committee, explained capital transfers and spending amounts this year. He noted that the monies should be in an asset account. The City Manager commented that he would review this with the Financial Consultant and this issue would be more clearly addressed. Carol Gottlieb, 24290 Summerhill, commented on new government policies which required asset accounts rather than expense accounts. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously by all members present to adopt Resolution #52-95 adopting the budget for fiscal year 1995-96 and Resolution #53-95 amending the Town's salary schedule for fiscal year 1995-96. 12. STUDY SESSION: GOALS AND OBJECTIVES This item was continued. The City Council adjourned at 10:40 p.m. to a Closed Session for purposes of litigation. 13. CLOSED SESSION: LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9c Return to Open Session to report, if necessary, any action taken. PASSED BY CONSENSUS: To approve the settlement offered by the Developers Insurance Company (DICO) to the Town with respect to Bond #981319S (Francemont Estates - Tract Map 3627) subject to the execution of a settlement agreement approved by the City Attorney with the following terms: 1.) completion of improvements on Francemont; and 2.) payment of $14,000 to the Town for PG&E work). 14. 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 June 21, 1995 City Council Meeting were approved at the July 5, 1995 City Council Meeting. June 21, 1995 Regular City Council Meeting 12