HomeMy WebLinkAbout06/01/1994Minutes of a Regular Meeting
June 1, 1994
Town of Los Altos Hills
City Council Meeting
Wednesday, June 1 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 6:00
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, Il, 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
LA CLOSED SESSION
1. Conference with Real Property Negotiator -- Government Code
Section 54956.8:
Property: 25561 Fremont Road
Negotiating Parties: Town and Dr. Jonathan Han
Under Negotiation: Possible purchase price and terms and payments
2. Conference with Legal Counsel -- Anticipated Litigation
a.) Significant exposure to litigation (receipt of written communication
from attorney for Ewalds, Bavors and Chowns regarding Moon Lane)
-- Government Code Section 54956.9 (b)
June 1. 1994
W Initiation of litigation (Lands of Abraham; Lands of Merrill) --
Government Code Section 54956.9 (c)
The City Council adjourned to a Closed Session at 6:00 p.m. and reconvened at 6:25
p.m. It was agreed to continue the Closed Session to the end of the Council Meeting.
2. APPOINTMENTS AND PRESENTATIONS
3. PLANNING COMMISSION REPORT (Commissioner Cheng)
Commissioner Cheng reported that in addition to the planning items on the
Council's Consent Calendar, the Planning Commission discussed the application
from the Fremont Hills Country Club for a site development permit, conditional
use permit and variance for a remodel and expansion and continued this discussion
to their June 8th meeting.
4. CONSENT CALENDAR
Items Removed: 4.1 (Dauber) and 4.10 (Dauber)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.2 Approved Warrants: $73,840.23 (5/20/94)
4.3 Decided Not To Review the following Planning Commission Actions at
Its Meeting on May 25,1994:
4.3a Lands of Corrigan (75-94-ZP-SD), 12797 Normandy Lane: approved
request for a Site Development Permit for a second story major
addition
4.3b Lands of Kendrick (79-94-ZP-SD-VAR), 25591 Chapin Road:
approved request for a Site Development Permit and a Variance
to allow encroachment into front and side setbacks for an addition
4.3c Lands of Fremont Hills Country Club (69 -94 -TM), 12889 Viscaino
Place: approved request for a lot merger of three lots into one lot
(APN 175-55-46) (Lots 2 and 3, Tract 1947 and a portion of Lot 45,
Book 1-1 of Maps, page 76)
4.4 Approved ordering and calling a General Municipal Election to be held
in the Town of Los Altos Hills on November 8, 1994; requesting the
services of the Registrar of Voters; requesting consolidation of elections
and providing for giving Notice of Election -- Reso k27-94
June I, 1994
4.5 Approved Certificate of Compliance, 13791 La Paloma Road, Lands of
Mooring -- Reso #28-94
4.6 Approved Certificate of Compliance, 25980 Quail Lane, Lands of
Gilmartin -- Reso #29-94
4.7 Accepted Grant of an Easement for Pathway at 27800 Via Feliz, Lands of
Ben-Artzi -- Reso #30-94
4.8 Issued Proclamation: In Honor of the Retirement of Thomas H.
Clements, Foothill College
4.9 Issued Proclamation: Celebrating the 48th Anniversary of the Founding
of the Italian Republic
Items Removed:
4.1 Approval of Minutes: May 13, 1994 (Special City Council Meeting)
May 18, 1994 (Regular City Council Meeting)
f,PASSED BY CONSENSUS: To approve the minutes of the May 13, 1994 Special City
�r Council Meeting with the correction that Councilmember Siegel was not present at
the meeting. (Councilmember Siegel was not present at this meeting and abstained
from voting on the minutes.)
PASSED BY CONSENSUS: To approve the minutes of the May 18, 1994 Regular City
Council Meeting with the following correction: page 6, first paragraph add "and
residents who wish to obtain additional copies" to the charges for both the
handbook and the pathway map. (Councilmembers Hubbard and Siegel were not
present at this meeting and abstained from voting on the minutes.)
4.10 Approving and authorizing execution of an agreement between the
Town of Los Altos Hills and Stoecker and Northway Architects,
Incorporated -- Reso #_
Dauber inquired about Council and staff working on phase one of this project
(establishing needs, evaluating what was on hand, gathering information) and then
contracting with the consultant to complete the project. She did not believe it was
necessary to incur the costs of having the consultant do this preliminary work.
Dauber made a motion to this effect which was not seconded.
June I, 1994
�w Jim McFall, Stoecker and Northway, referred to the proposed contract and explained
what was involved in phase one. He commented that this included an inventory of
existing buildings, furniture, equipment; an evaluation of current and future space
needs; and a report on the goals and objectives of staff.
Siegel noted that this contract involved the present buildings (Council Chambers,
Heritage House and Town Hall) and not the Purissima Hills Water District
Building. Tryon commented that the Council subcommittee on this issue, staff and
the consultant would certainly work toward addressing Dauber's concerns.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and
passed by the following roll call vote to adopt Resolution #31-94 approving and
authorizing execution of an agreement between the Town of Los Altos Hills and
Stoecker and Northway Architects, Incorporated.
AYES: Mayor Johnson and Councilmembers Hubbard, Siegel and Tryon
NOES: Mayor Pro Tem Dauber
5. UNFINISHED BUSINESS
5.1 Report on Motion Sensor Lighting Condition for Site Development
Applications
Council discussed the issue of lighting. For purposes of clarification the Planning
Director reported that motion sensor lights could be turned on from inside the
homes. Dauber believed residents should be allowed to have a reasonable amount
of lighting without motion sensors. Tryon too thought reasonable safety lighting
was appropriate and was concerned about restricting necessary outdoor lighting.
Siegel suggested neighbors advising each other if lighting was negatively impacting
them. On this aspect it was noted that outside lighting should shine towards the
house. He further supported the lighting issue being discussed at the time of Site
Development. It was agreed that the Site Development Committee would address
the lighting issue.
6. NEW BUSINESS
6.1 Request for direction regarding grading on Finn Subdivision, Lot 3,
Lands of Santora, 12008 Finn Lane
Siegel stepped down from consideration of this item due to a possible conflict of
interest.
June I. 1994
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Stephen Hubbard, architect and John Komo, President of Komo Construction, Inc.
addressed the Council on the issue of their request for direction regarding grading.
They addressed the height limitation and in response to an inquiry from Council
noted that the original slope was 1017 and the existing slope was 11.6%. The original
lot unit factor was 1.01 and the existing lot unit factor was .97. The Planning
Director's staff report explained that the applicant was requesting that 2' of the
existing fill be allowed to remain in order to provide better drainage and access to
the storm drain system.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed by the following roll call vote to support the removal of 3' of the illegal fill
on Lot 3; to support allowing 2' of the illegal fill to remain over the natural grade of
561 elevation in order to alleviate drainage problems on the lot; and to support
designation of the filled grade at 563 elevation as the new natural grade for Lot 3.
AYES: Mayor Johnson and Councilmembers Dauber, Hubbard and Tryon
NOES: None
ABSTAIN: Councilmember Siegel
6.2 Request from Fremont Hills Country Club for advance public hearing
noticing of their application for expansion and remodel
Council noted that there was a procedure in place for proper and timely noticing of
public hearings and further commented that there was an ordinance change being
developed which would involve an increase in the notice period to allow Council
the opportunity to receive all relevant information on a project.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and
passed unanimously to deny the request from Fremont Hills Country Club for
advance public hearing noticing of their application for expansion and remodel.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Cable Television Subcommittee
7.1.1 Recommended Plan of Action
This item has been continued to the June 15, 1994 Council Meeting.
7.2 Update on Composting Program
June I, 1994
y Dauber reported that ten responses had been received to date from the request
for an evaluation of the composting program and all but one had been
supportive of the project. A final report would be forthcoming.
8. STAFF REPORTS
8.1 City Manager
The City Manager reported that there was to be a fundraising event on June
26th for the library system. Councilmembers were invited to attend this
bowling event and it was agreed the Mayor would represent the Town.
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence dated May 26, 1994
9. COUNCIL. -INITIATED ITEMS
9.1 Sewer Funds (Councilmember Siegel)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber
and passed unanimously to direct the City Manager to consolidate the
Palo Alto Sewer Basin Fund and the Los Altos Sewer Basin Fund into
a single fund to be called the Los Altos Hills Sewer Fund
commencing with the 1994-95 budget year; to continue the policy of
setting the sewer charges at the same amount for each basin in 1994-
95;
99495; and to negotiate a contract amendment with Los Altos to transfer
to Los Altos Hills the administration of sewer service charges
effective for the 1995-96 budget year.
9.2 Request for Appointment of an Alternate to the Santa Clara County
Congestion Management Agency Policy Advisory Committee
(Mayor Johnson)
No action was taken on this item.
9.3 Mayor's Terms (Mayor Johnson)
Johnson noted that this was his last meeting as Mayor and he thanked Council for
their help during the past year.
10. PRESENTATIONS FROM THE FLOOR
June 1, 1994
Wes Henderson, 12720 Canario Way, addressed the Council on the issue of the
request from Fremont Hills Country Club for advance public hearing noticing of
their application for expansion and remodel. He had several concerns about this
project and had also suggested a new option regarding access. Mr. Henderson
commented that it took time to contact the many neighbors affected by this project
and he did not believe the noticing should be accelerated.
Ed Emling, 11666 Murietta Lane, reported to the Council on a safety issue about
which he was quite concerned. Kids were using Adobe Creek Lodge Lane for their
four wheel drives and Mr. Emling was concerned about this particularly as a
possible fire danger.
11. PUBLIC HEARINGS
11.1 Determination of the use of the Town's share of the Community
Development Block Grant Funds Allocation
The City Manager referred to his staff report which noted that there was a $213,291
balance of CDBG funds which needed to be programmed for expenditure by June 30,
1994. The 1994-95 apportionment of $82,635 also needed to be designated but the
Council had more time to decide on the use of these funds and there was also
greater flexibility in the possible uses. A decision on these funds could be deferred
until a later date.
Mr. Charles Chew, CDBG Program Manager - Environmental Resources Agency,
reported on the CDBG Program as it related to the Town. Money had been set aside
for several years and some residents had received loans at the time of the 1989
earthquake. However, it was difficult to identify appropriate recipients of such
funds in the Town and now it was ascertained that certain programs might benefit
from these funds. In response to an inquiry from Dauber about receiving such loans
for secondary dwellings as low income housing, Mr. Chew stated that they did not
have a ruling on this but he would inform Council when he had the final
determination. Mr. Chew further explained the difference between non -public-
service projects (buildings, steel and mortar), i.e. housing rehabilitation, Americans
with Disabilities requirements and public-service projects (those with salaried
employees who provide services). Other criteria included meeting an urgent
communty need and principally benefitting lower income people.
Thomas Pamilla, Executive Director - Community Services Agency, addressed
Council on their Alpha Omega Program and asked for support. He explained that
this project provided transitional housing for homeless people and was an excellent
vehicle toward helping them readjust themselves to society. The City of Mountain
View had donated $100,000 toward the purchase of a house and they were requesting
financial support for the remaining $200,000 - $250,000. CSA and Project Match were
working together on this project.
June 1, 1994
Miranda Colby, Executive Director - Project Match, reported on the services
provided by Project Match. They provide affordable housing to those who need it
and had several successful group residence programs. She noted that the more
money they could get in donations the lower they could keep the rents they needed
to charge. Concerning the project they were working on with CSA it was hoped that
the site for the house could be selected by October with the opening in January.
Siegel asked Ms. Colby for a list of similar homes in the area.
Nancy Mason, Chairman of the Committee to Save Griffin House, reported on the
status of the renovations to the Griffin House and noted that they were requesting
$5,000 - $10,000 for installation of a handicap access ramp. Tryon supported this
request but commented that in general the Griffin House should contact local
corporate leaders for financial support for the ongoing renovations to the Griffin
House.
Janet Goy, Executive Director - Community Health Awareness Council, stated that
she realized that their request for support of their Sober Opportunities Program for
Students did not quality for CDBG funding at this time but she thought it might
qualify for CDG13 funding under 1994-95 qualifications.
The City Manager noted that Susan Russell of the Midpeninsula Housing Coalition
had been unable to attend this meeting but would be at the June 15th Public
Hearing.
Council thanked all those who addressed the Council and stated their support for all
of the programs. The second public hearing on this issue was scheduled for June 15,
1994.
11.2 Approval of the Los Altos Sewer Service Charges and setting the Los
Altos Hills Sewer Basin Reserve Fund -- Resolution #
The City Engineer reported that there was no increase over last year.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to adopt Resolution #32-94 approving the Los Altos Sewer
Service charges and setting the Los Altos Sewer Basin Reserve Fund.
11.3 Adoption of the Palo Alto Server Service charge final report and
authorizing transmittal to the Santa Clara County Assessor's Office --
Resolution #
The City Engineer reported that there was no increase over last year.
June 1, 1994
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MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to adopt Resolution #33-94 adopting the Palo Alto Sewer
Service Charge Final Report and authorizing transmittal to the Santa Clara County
Assessor's Office.
11.4 Request for approval of a negative declaration and tentative parcel map
for a three lot subdivision at 13826 Page Mill Road, Lands of Vuctnich
Alan Huntzinger, representing applicant, asked Council for approval of their three
lot subdivision. He noted that they had met all of the requirements of the Town
and he did not think it fair to hold this project tip in an attempt to find a solution to
an ongoing drainage problem. He did comment however that they were willing to
contribute a fair dollar amount toward solving the drainage issue. Mr. Huntzinger
further explained the location of the driveway and the location of the lots and
houses.
Dru Anderson, 27820 Saddle Court, commented that she was concerned about the
height issue (visual impact on their property) and the drainage issue. She noted
that the residents on Saddle Mountain had paid for drainage in good faith. She
would be willing to discuss the option of an assessment district but was not willing
to commit to it until the dollar amount was known and the ramifications had been
determined. Mrs. Anderson noted that she had served on the subcommittee
established to address the Moon Lane drainage issues and there had been a sincere
effort on the part of the subcommittee to work together toward a solution.
Nancy Bavor, 13816 Page Mill Road, noted her concerns about the drainage issue
and showed Council pictures comparing how their property had originally looked
with natural swales and how it looked now. She was also quite concerned about
the proposed size of the homes in this subdivision. The square footage was so low
she was sure variances would be requested in the future. Mrs. Bavor also
commented on the steepness of the lots as one of her concerns.
Tim Chown, 13822 Page Mill Road, noted that his neighbors had every right to
subdivide their property but also stated his concerns about the visual impact on his
house and noted that he did not particularly like the driveway design. On the
subject of drainage, Mr. Chown stated that the Town had approved a project
seventeen years ago and then had not maintained it. While the natural swale used
to dry up, now it did not dry up at all. Mr. Chown stated that he would be
marginally willing to participate in sharing expenses toward a solution.
June 1, 1994
James Dixon, architect for Mr. Young, commented that Mr. Young looked directly
down on the Vucinich property and they were concerned about aesthetics, visual
impact and the alteration of the rural atmosphere of the hills. He believed each lot
owner should be responsible for drainage and should use alternative solutions.
David Ewald, 13830 Page Mill Road, noted that he was at the end of the road and was
most concerned about drainage. He was also concerned about the proposed
pathway. He noted the slope of the land and just did not believe this was an
appropriate location for a type IIB path.
Carol Gottlieb, member of the Pathways Recreation and Parks Committee, explained
the proposed location of the path, noting its purpose was to get people off Moon
Lane. She further noted that the proposed path had been engineered by the City
Engineer. Referring to the vote the Planning Commission had taken on the path,
she clarified that the vote had been tied 3-3 to change the path. Thus, the vote had
failed and the path as proposed remained.
Aaron Creen, architect for Mr. Young, believed this subdivision had many problems
including drainage, steepness of lots, erosion and the road.
Morley Young, 27840 Saddle Court, stated that he was not in favor of this
�br subdivision and did not understand why the Council would allow anyone to
subdivide along Moon Lane. It was a one lane road with no provision for
maintenance and he seriously questioned whether fire trucks could get through.
Alan Huntzinger, representing applicant, addressed the issue of the number of lots
that could subdivide in the area and that would access off Moon Lane. He further
noted that he could move the lot lines to make the lots more equal but did question
the comments made regarding visual impact from residents living above this
project. On the subject of the path, Mr. Huntzinger concurred with the comments
made by Mr. Ewald. Mr. Huntzinger commented that he was pleased that everyone
was working together toward a solution to this drainage issue.
Tryon believed there were two separate problems with this application: 1) drainage
-- the Town does not have full liability but should assist with the solution; and 2)
can Moon Lane handle the subdivision. She suggested establishing a
subcommmittee of the Council to discuss the inadequate infrastructure,
configuration and location of the lots, safety issues and drainage issue. Tryon noted
that subdivision standards should be established for areas which had inadequate
infrastructures. Hubbard was pleased that everyone had been working together on a
solution to this problem but believed that the drainage issue needed to be resolved
June 1, 1994
`. before the subdivision could be discussed. Hubbard also recommended the use of a
professional mediator if decisions could not be reached otherwise, as the timeframe
involving this application was important. Siegel concurred with Hubbard and
Tryon's comments. He believed the Town should take the leadership role in
solving the drainage issue and Council should authorize the expenditure of funds
towards obtaining this solution. The design and funding mechanism should be
approved before the subdivision is considered. Dauber concurred with the drainage
comments. She further believed it was time to address Moon Lane. The houses
should be lowered as she was concerned about the proposed length of the driveway.
Dauber further stated that she thought there should be as few crossings as possible.
Johnson concurred with the comments made on drainage, especially that the Town
should take the lead and provide the seed money toward finding a solution to the
problem.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to continue this public hearing to the September 7, 1994 City
Council Meeting; to authorize staff to work with applicant; to contract with an
engineering consultant to provide an appropriate engineering solution to the
drainage issue and to provide an estimate of the total cost; and to further authorize
staff to obtain the services of a mediator if necessarv.
12. CLOSED SESSION: (This closed session was continued from the beginning of
the Council Meeting.)
Conference with Real Property Negotiator -- Government Code
Section 54956.8:
Property: 25561 Fremont Road
Negotiating Parties: Town and Dr. Jonathan Han
Under Negotiation: Possible purchase price and terms and payments
2. Conference with Legal Counsel -- Anticipated Litigation
a.) Significant exposure to litigation (receipt of written communication
from attorney for Ewalds, Bavors and Chowns regarding Moon Lane)
— Government Code Section 54956.9 (b)
b.) Initiation of litigation (Lands of Abraham; Lands of Merrill) --
Government Code Section 54956.9 (c)
The City Council adjourned to a Closed Session at 10:40 p.m. and reconvened at
11:30p.m.
June 1, 1994
The following actions were taken during the Closed Session.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed by the following roll call vote to direct the City Attorney to write a letter to
Mr. Abrahams requesting compliance and if he does not comply to take legal action.
AYES: Mayor Johnson and Councilmembers Hubbard, Siegel and Tryon
NOES: Mavor Pro Tem Dauber
PASSED BY CONSENSUS: To direct the City Attorney to write Mr. Merrill
requesting compliance with conditions of the County's Site Development Permit
and if he does not comply, to work with the County on initiating legal action.
13. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:45 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the June 1, 1994 City Council Meeting were approved at the
June 15, 1994 Regular City Council Meeting.
June 1. 1994
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