HomeMy WebLinkAbout05/04/1994Minutes of an Adjourned Regular Meeting
May 4, 1994
Town of Los Altos Hills
City Council Meeting
Wednesday, May 4,1993,5:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Johnson called the Adjourned Regular Meeting of the City Council to
order at 5:07 p.m. in the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Dauber, Hubbard,
Siegel and Tryon
Absent: None
` Staff: City Manager Les M. Jones, 11, City Attorney Sandy Sloan,
Planning Director Linda Niles and City Clerk Pat Dowd
Press: Jan Shaw, Los Altos Town Crier
2. WORK SESSION ON NON -CONFORMING STRUCTURES (REPORT
FROM SUBCOMMITTEE MEMBERS HUBBARD AND SIEGEL
Council had before them a draft policy statement on non -conforming
structures which had been prepared by Siegel. (A copy of this draft policy is
on file at Town Hall.) In referring to this draft, Tryon noted that by having
control over the rebuilds of non -conforming structures, the Council and staff
would be afforded the opportunity to correct serious structural problems and
to prevent abuses. She suggested that the amount of square footage could be
grandfathered but further that some movement of the structures might be
allowed. Hubbard expressed his concern about the importance of
revitalization of the Town's housing stock. He further noted that it was more
expensive to applicants if they could not use existing foundations, etc. when
remodeling or rebuilding. In addition he noted the concern that the property
values would decrease if owners lost development area in the process of
remodeling. In response to Hubbard's concerns about the cost to an applicant
May 4, 1994
Adjourned Regular Meeting
of drawing up plans before they knew what would be allowed regarding non-
conforming structures, Siegel suggested advising the applicant of the status of
their non -conforming structures before they drew up plans. Siegel
recommended requiring the applicant to show the Town why it was not
possible for them to comply with the current Town's regulations. In other
words it was a question of discretion versus certainty. Johnson noted that he
supported discretion. Council acknowledged that there many aspects of this
issue which needed more discussion and evaluation and agreed that the
subject should be continued for further review.
MOTION SECONDED AND FAILED: Moved by Siegel, seconded by Dauber
and failed by the following roll call vote to add a statement to the policy as
follows: "Current setback and height requirements shall be applied to the
rebuilding and/or remodeling of non -conforming structures.
AYES: Mayor Pro Tem Dauber and Councilmember Siegel
NOES: Mayor Johnson and Councilmembers Hubbard and Tryon
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon
and passed unanimously to continue discussion of non -conforming
structures.
3. PRESENTATIONS FROM THE FLOOR
4. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 6:10 p.m.
Re�tfubmitted,
F—
Patricia Dowd
City Clerk
The minutes of the May 4, 1994 Adjourned Regular City Council Meeting
were approved at the May 18, 1994 City Council Meeting.
May 4, 1994
Adjourned Regular Meeting
Minutes of a Regular Meeting
May 4, 1994
Town of Los Altos Hills
City Council Meeting
Wednesday, May 4, 1994,6:00 P.M.
Council Chambers, 26379 Fremont Road
1. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE
Mayor Johnson called the Regular Meeting of the City Council to order at 6:15
p.m. in the Council Chambers at Town Hall.
Present:
Mayor Johnson and Councilmembers Dauber, Hubbard,
Siegel and Tryon
Absent:
None
Staff:
City Manager Les M. Jones, 11, City Attorney Sandy Sloan,
Director of Public Works Jeff Peterson, Planning Director
Linda Niles and City Clerk Pat Dowd
Press:
Jan Shaw, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Interviews and appointment of Planning Commissioner
2.1.a Shelley Doran
2.1.b Ray Rooker
2.1.c Viole McMahon
Council had received three applications for the Planning Commission seat vacated
by James Sinunu.
Shelley Doran, 24920 La Loma Court, noted that she was presently a member of the
Environmental Design and Protection Committee and therefore involved in the
Site Development Meetings. She commented on the non -conforming issue and the
subject of hardscape alternatives. Mrs. Doran believed many issues depended on the
particular property under discussion but thought that subjectivity should be less
flexible. Mrs. Doran also urged that site analysis be encouraged.
May 4, 1994
Regular City Council Meeting
Ray Rooker, 12819 Viscaino, commented that although he was an architect he did
%11W not foresee any conflict of interest. He thought the Town's regulations were explicit
and understandable however he did believe the new Design Guidelines brochure
was too objective. Many times, in his opinion, more subjectivity was needed.
Viole McMahon, 27975 Via Ventana, addressed the discretionary process. She
thought of the Commission as a team attempting to achieve a goal. Both neighbors
and owners had rights and oftentimes it was a question of managing conflict. In
many cases she believed small changes could resolve difficult issues. Ms. McMahon
also commented that although she was an architect she did not anticipate any
conflict of interest.
Council thanked all three of the applicants. Each of them had excellent
qualifications and it was a difficult decision to make. Council did note that Ms.
McMahon had been involved on Town Committees for several years and it was on
the basis of this length of service to the Town in addition to her qualifications that
her appointment was supported. Council did note that two other Commissioners'
terms would be completed the end of June and interviews would be held at that
time for those seats.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to appoint Viole McMahon to the Planning Commission to fill
the unexpired term of James Sinumi ending in June of 1996.
2.2 Presentations of Pathways Map
Carol Gottlieb and Dot Schreiner presented each of the Councilmembers with their
own copy of the newly completed pathway map. They both noted that this had been
a very satisfying project to complete and hoped it would help all enjoy the beauty of
the Hills. The Mayor then presented Carol and Dot with framed copies of the
pathway map and on behalf of the entire Council thanked them for all of their work
on this project.
3. PLANNING COMMISSION REPORT (Commissioner Takamoto)
Planning Commissioner Takamoto reported that in addition to the items on the
Council's consent calendar, the following items were continued at the April 27th
Commission meeting: Lands of Gallie/Munak, 12804 Clausen, request for a site
development permit for a new residence; Lands of Vucinich, 13826 Page Mill Road,
request for a tentative map for a three lot subdivision (particular emphasis on
drainage issue); Lands of Chen, 27765 Lupine Road, request for a site development
May 4, 1994
Regular City Council Meeting
permit for a new residence, pool and spa; and Lands of Bilger, 25901 Vinedo Lane,
`. request for a site development permit for a new residence and pool. The Planning
Commission also discussed the interpretation of hardscape, in particular a new
material for tennis courts.
The item on Lands of Ben-Artzi was addressed. The Planning Director reported that
a letter had been received from Mr. Ben-Artzi withdrawing his request for
modification. In response to an inquiry from Council as to what action was
necessary in view of this withdrawal, the City Attorney stated that no action was
necessary. The applicant had withdrawn his request and had met the required
conditions. The City Attorney did note that it was not appropriate for the Planning
Commission to impose new conditions on the applicant and therefore these
additional conditions did not have to be completed by the applicant.
Mr. Ben-Artzi, 27800 Via Feliz, confirmed that he withdrew his request for a site
development permit modification to change or waive conditions regarding lighting
and noise attenuation. He stated that he had met all of the conditions including
those for which he was asking a modification.
Tryon referred to this application and the issue of lighting and motion sensors and
asked that the issue of motion sensors be agendized for a future Council meeting.
4. CONSENT CALENDAR
Item Removed: 4.4 (Dauber)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Warrants: $113,571.33 (4/18/94)
4.2 Decided Not To Review the following Planning Commission Actions at
Its Meeting on April 27, 1994:
4.2.a Lands of Inouye, 14250 Miranda Road; A request for a Site
Development Permit for a New Residence (continued from April
13,1994).
4.2.b Lands of Tsui & Lands of Wiedman, 13928 & 13930 La Paloma Road;
A request for a Lot Line Adjustment.
4.2.c Lands of Ben-Artzi, 27800 Via Feliz; A request for a Site
Development Permit Modification to change or waive conditions
regarding lighting and noise attenuation.
May 4, 1994
Regular City Council Meeting
%„ This request was withdrawn at the request of the applicant.
4.2.d Lands of Scherrer, 12788 La Cresta Drive; A request for a Variance
to encroach into a side setback for a new residence
4.3. Request for extension of Site Development Permit for 26856 Almaden
Court, Mr. and Mrs. Roy Hifai
4.5 Accepted agreement for conservation easement; acknowledged but
rejected irrevocable offer of dedication for street right of way along
Sherlock Road; acknowledged but rejected irrevocable offer of dedication
for additional street right of way along Sherlock Road; accepted grant of
pathway easement along Sherlock Road; Lands of Mascarenhas and
Charkowicz, 27223 Sherlock Road -- Resolutions #19-94, #20-94, #21-94
and #22-94
Item Removed:
4.4 Approved extension of Site Development Permit for 14290 Saddle
Mountain Road, Lands of Becker/Sander
Dauber asked what the relationship was of this house to the drainage issue on Moon
Lane. The City Engineer responded that this house was in a different basin.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and
passed unanimously to approve the extension of site development permit for 14290
Saddle Mountain Road, Lands of Becker/Sander.
5. UNFINISHED BUSINESS
5.1 Requests to rebuild houses demolished in 1989 Earthquake
a) Request from Pat Rahn to allow rebuild of house demolished during
the 1989 earthquake at previous non -conforming square footage,
25701 Lomita Linda Court
Pat Rahn, applicant, referred to the letter she received from the Town in 1990 which
included the development area allowed on her property that was destroyed in the
1989 earthquake. She further stated that she had never been notified that there was
a time limit on rebuilding the house. In fact she noted that her contractor at that
time had recommended waiting a year or so for the ground to settle.
May 4, 1994
Regular City Council Meeting
` Alan Lambert, applicant's contractor, commented on the requirement to comply
with current ordinances and specifically raised the issue of the sewers. He did not
agree that it made sense for this house to be connected to sewer. It had been on
septic and he believed it should remain on septic. It was far too long a distance to
extend the sewer line.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to allow Mrs. Rahn to rebuild her house at 25701 Lomita Linda
Court in conformance with current ordinances and with the floor area and
development area as stated in the April 23, 1990 letter from the Planning Director,
specifically Floor Area = 6,704 square feet and Development Area = 10,730 square
feet.
PASSED BY CONSENSUS: To continue the issues of connecting to sewer and height
requirements for Mrs. Rahn's house at 25701 Lomita Linda Court to the next
meeting to allow staff the opportunity to evaluate if by current ordinances this
house would be required to connect to sewer.
b) Request from Pong Ng on behalf of Stephen Bethke to allow rebuild
of house demolished during the 1989 earthquake at previous non-
conforming square footage, 12894 La Cresta Drive and to waive fees
Mr. Philip Barney, applicants attorney, stated that his client had purchased the
property on the basis of the May 23, 1990 letter from the Town concerning allowed
development area.
MOTION SECONDED AND CARRIED: Moved by Trvon, seconded by Johnson and
passed unanimously to allow Mr. Bethke to build a home at 12894 La Cresta Drive in
conformance with current ordinances and with the floor area and development area
as stated in the May 23, 1990 letter from the Planning Director, specifically Floor
Area = 4, 156 square feet and Development Area = 10,566 square feet.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to require Mr. Bethke to get a site development permit for this
project within 18 months and to bring this issue back to the Council at the next
meeting if connection to sewer is an issue.
5.2 Council Policy Regarding Annual Re -organization of City Council
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to approve the following policy regarding the annual re-
organization of the City Council:
May 4, 1994
Regular City Council Meeting
"Effective Fiscal Year 1993-94, reorganization of the City Council will take place as
item 2 on the agenda of the second regularly scheduled City Council meeting in
June. At that time, the City Council shall appoint a Mayor and a Mayor Pro Tem for
the following year to be effective upon conclusion of a majority vote. The Mayor
shall make liaison appointments to standing committees and appointments to
outside agencies the first meeting in July.
In the event that the position of Mayor or Mayor Pro Tem should become vacant
before the expiration of the existing term, the City Council shall convene at the next
regularly scheduled City Council meeting after the seat(s) become(s) vacant and elect
replacement(s) for the remainder of the unexpired term pursuant to the procedure
outlined above. Under these circumstances, appointments to liaison positions and
outside agencies shall be made only for those positions vacated as a result of the
vacated seat(s) on the City Council."
6. NEW BUSINESS
None
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Housing Subcommittee: Review of Draft Secondary Unit Survey and
Related Issues
Council made the following changes to the draft secondary unit survey before them:
question #6 - eliminate subsections; question #16 - add subsection vi) no separate
entrance; and eliminate the following sentence from Section C: "The Town is
considering granting amnesty to non -conforming secondary units." In the letter to
residents the following changes were made: the first paragraph should read: "Our
community needs your help in dealing with a requirement by the State that the
Town of Los Altos Hills make plans to identify and to assist in the documentation of
low-cost housing units within Town borders, to meet the housing needs of low and
moderate income households."; the fourth paragraph should include a reference to
household employees and students as well as seniors and/or relatives; and the end
of the letter should state that if anyone has any questions they should call Linda
Niles, Planning Director.
MOTION SECONDED AND CARRIED: Moved by Trvon, seconded by Hubbard and
passed unanimously to authorize the subcommittee to work with staff to conduct
the Secondary Unit Survey and to authorize that the Town shall pay for the cost of
the returned postage envelope.
8. STAFF REPORTS
May 4, 1994
Regular City Council Meeting
%. 8.1 City Manager
8.1.1 Approval of contract with HFH, approval of memorandum of
understanding with other jurisdictions regarding HFH contract and
waiver of potential conflict of interest for City Attorney
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to authorize the City Manager, with the assistance of the City
Attorney and Council subcommittee to enter into a professional services contract
with Hilton Farnkopf & Hobsen for an amount up to $61,500, depending upon the
number of public jurisdictions involved and the services requested. The City
Manager was further authorized, with the assistance of the City Attorney, to
negotiate, sign and manage a Memorandum of Understanding with other
participating jurisdictions for the division of expenses related to the aforementioned
contract. The City Council also approved a waiver of a potential conflict of interest
for the City Attorney.
8.1.2 Spring Party
The City Manager reported that over two hundred people had attended the Spring
Party on May 1st and it was great success. Tryon asked for a reminder in the future
of such Town events. It was agreed that the Mayor would send a letter to the
Community Relations Committee thanking them for all their work in putting on
such a wonderful event.
8.1.3 Town Handbook
The City Manager commented that the handbook was now complete and he would
be bringing to the Council at their next meeting a recommendation on charges for
both the handbook and the pathway map. Council also directed the City Manager to
contact PRX about obtaining the original artwork and plates for the handbook.
8.2 City Attorney
The City Attorney reported that she was working on a project for the City of
Portola Valley and the meetings for consideration of this subdivision
conflicted with the Council meetings. She anticipated having to leave the
Town's Council meetings early for approximately 4 meetings over a
period of several months. She did not anticipate this causing any
problems but if Council wished she could arrange to have Tom Murtha
May 4, 1994
Regular City Council Meeting
from their offices be present for the times she would be absent from the
Council Meetings. Council discussed this and thought it best to have Tom
Murtha act on the City Attorney's part when she was not at the Council
meetings.
8.3 City Clerk
9. COUNCIL -INITIATED ITEMS
9.1 Request for authorization to attend the Community Services Annual
Luncheon (Mayor Johnson)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to authorize attendance at the Community Services Annual
Luncheon by any Councilmember who wished to attend.
9.2 Discussion regarding "Defacto Subdivisions" (Mayor Pro Tem Dauber)
PASSED BY CONSENSUS: To appoint Councilmembers Hubbard and Siegel to a
subcommittee to work with the City Engineer on formulating policies and
procedures in the cases of defacto subdivisions.
�w 9.3 Letter from Cary Burke requesting support for his Senate confirmation
to the San Francisco Bay Regional Water Quality Control Board.
(Mayor Johnson)
Council took no action on this request for support.
9.4 Foothill College (Mayor Johnson)
Johnson noted that the College was putting together an album for Tom Clements of
rememberances on his term as President and it was agreed the Mayor would send a
message to be included as well as a copy of the Town Handbook. It was further
agreed that the Mayor would send a letter of welcome to the new President of
Foothill College.
9.5 Bicycle Accidents (Concilmember Siegel)
Siegel commented that there had been five or six bicycle accidents in Town in the
last month. He stated that a bicyle plan had been adopted years ago and he asked the
City Manager to review this plan as well as a more recent one which the Director of
Public Works had. The issue of enforcement also needed to be addressed.
May 4, 1994
�r Regular City Council Meeting
10. PRESENTATIONS FROM THE FLOOR
Carol Gottlieb, member of the Pathways Recreation and Parks Committee, reminded
Council that on June 4th a Path Walk and Ride About would take place. Barrie
Freeman would be leading the ride from the Town Ring, Les Earnest would be
leading the bike ride and she would be leading the walk starting at Foothill College.
Il. PUBLIC HEARINGS
11.1 Request for a Site Development Permit for a minor addition to a
residence and addition of an accessory building, 13430 Country Way,
Lands of Esher
Siegel stated his opinion that since this path made no connections at this time, the
owner should be required to submit a letter stating that the path will ultimately be
opened but that it did not need to be put in now. Dauber commented that it was the
policy of the Town to obtain paths when they could; entire streets did not come in
all at once. She further pointed out that landscaping and sprinklers should not be
allowed in paths.
Mr. Esher, applicant, addressed the issue of the path. He noted that the path map in
1984 showed the path on their side of the street but the construction plans showed it
on the other side. In reality he did not see a path on either side of the street. Mr.
Esber commented that his side of the street was opposite the location where a path
did enter and it did not make any sense to him to put it on his side - people would
have to cross the street and there were blind curves. He further commented on the
issue of fairness. He did not agree with the path in lieu fees and if he had to pay
these he might need to reconsider the ten foot easement on his property. On the
issue of health and safety he noted that many people did not clean up after their
horses. In conclusion Mr. Esher stated that when the path was complete he would
be glad to pay to have it installed but now it did not make any sense to him to have
to put in a path that no one seemed to know which side of the street it was on and
that did not connect to other paths.
Mrs. Esber, applicant, concurred with the comments made by her husband. The
path did not connect to anything and stopped right in front of her home.
Robert Boehlke, 13456 Country Way, noted that he moved into Town in 1983.
There was no path there then and he was not pleased with the idea of a path in front
of his house at this time. He too noted that it was unclear where the path was even
supposed to be and he supported Siegel's suggestion of installing it later when the
path connections were complete.
May 4, 1994
Regular City Council Meeting
` Carol Gottlieb, member - Pathways Recreation and Parks Committee, stated that this
path was shown on the 1966 pathway map. It was a condition of this subdivision
but did not get shown on the final map and the Town was advised that it could not
go back and put it on the map when this error was discovered. Paths were an
important part of the Town.
Fran Stevenson, 26959 Beaver Lane, referred to the Town's policy of getting paths
piece by piece. Historically this was the only way for the Town to achieve its
pathway system.
Dot Schreiner, noted that Council seemed to be changing its policy on how they
obtained paths. The Town had always obtained the paths as they could when
applications were submitted for projects.
Hubbard noted that several casements were needed to complete the path but he was
concerned about the immediate neighborhood and the rural atmosphere of the area.
There were some advantages to having a path put in now for safety purposes. It
would provide an area for equestrians and pedestrians to get out of the way of traffic.
Dauber commented that if the Town did not obtain the paths as they could there
would never be a pathway system. She did note however that it could be a type of
path other than the stated Type IIB.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
�Ir passed by the following roll call vote to add a condition to the site development
permit for a minor addition to a residence and addition of an accessory building at
13430 Country Way, Lands of Esber, requiring the installation of a Type to path at
the front of the house and also requiring the curb art to be removed subject to the
approval of the City Engineer.
AYES: Mayor Johnson and Councilmembers Dauber, Hubbard and Tryon
NOES: Councilmember Siegel
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the request for a site development permit for a
minor addition to a residence and addition of an accessory building at 13430 Country
Way, Lands of Esher subject to the conditions of approval as recommended by the
Planning Commission and amended by Council.
11.2 Acceptance of Public Comment on the Town's Street Tree Maintenance
Ordinance
Council accepted comments from the public on the Town's ordinance that residents
were required to maintain street trees adjacent to their property.
May 4, 1994
Regular City Council Meeting
Charles Dougherty, 26455 St. Francis, noted that there was a divider strip on St.
%W Director
and he wondered who was responsible for the trees on this divider. The
Director of Public Works responded that the responsibility was shared by the
adjacent property owners.
Al Morris, 26520 St. Francis, commented that the trees in this divider had been
maintained for the thirty six years he had lived in Town. He believed that if the
Town planted the trees they should be responsible for them.
Jack Valladao, 26363 Esperanza, agreed with the comments made by Mr. Morris and
stated that he would support a property tax to all residents to maintain the Town
trees. He believed this would be a far more equitable approach to the situation.
Galen Mohler, 11641 Rebecca Lane, expressed his concerns about the liability issue as
well as the expense involved with this ordinance. He had obtained an estimate of
$3,500 to $5,000 for trimming the six trees adjacent to his property and was advised
this should be done every three years. He recommended that the Town appoint an
arborist to the Town crew.
Jan Fenwick, 28011 Elena, asked if the trees on an emergency access road were street
trees. She also suggested the Town going out to bid for maintainance of street trees
in a whole section of Town as a service to the homeowners. She believed by taking
this approach it would be far less costly for the homeowners. Mrs. Fenwick pointed
out that it was very expensive to maintain these trees.
Mrs. Galen Mohler, 11641 Rebecca Lane, asked how these trees had been maintained
in the past and why this change was now being discussed.
Carol Gottlieb, 24242 Summerhill, commented on the liability issue noting that
about ten years ago a branch had fallen on their car on her mother's property. Her
mother's insurance did not cover this natural disaster but their car insurance did.
Council thanked everyone for their comments. They believed the ordinance in
place did need to be clarified. Prioritization was important with safety the primary
concern. The crew should have an annual street tree program and aesthetics should
be the owner's responsibility. Council also did not believe there was a need for an
assessment district for street tree maintenance.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to direct the City Attorney to clarify the tree ordinance and
prepare a draft revised ordinance for Council review in about one to two months.
May 4, 1994
Regular City Council Meeting
111r
12. CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION
54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 25561 Fremont
Negotiating Parties: Town and Dr. Jonathan Han
Under Negotiation: Possible purchase price and terms and payments
The City Council adjourned to a Closed Session at 10:50 p.m. and reconvened at
11:30 p.m.
13. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:30 pm.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the May 4, 1994 Regular City Council Meeting were approved
at the May 18, 1994 City Council Meeting.
l2
May 4, 1994
Regular City Council Meeting