HomeMy WebLinkAbout07/06/1994`. Minutes of a Regular Meeting
July 6,1994
Town of Los Altos Hills
City Council Meeting
Wednesday, July 6,1994,6:00 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,
Siegel and Tryon
Absent: None
Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan,
Director of Public Works Jeff Peterson and City Clerk Pat
Dowd
Press: Jan Shaw, Los Altos Town Crier
The Mayor stated that two issues had been brought to the Council's attention
after the preparation of the agenda for this meeting and they required
immediate attention. She asked if Council would consider adding them to
the agenda.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel
and passed unanimously to add the following to the agenda:
Recommendation from the Pathways Recreation and Parks Committee on
review of the Santa Clara County Bikeways Map as requested by the Santa
Clara County Transportation Agency.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by
Tryon and passed unanimously to add the following to the agenda: Request
for removal of property at 26005 Newbridge from the Driveway Roughening
Project.
2. APPOINTMENTS AND PRESENTATIONS
` July 6, 1994
Regular City Council Meeting
2.1 Interviews and Appointments to Planning Commission
Council had received applications from the following for appointment to the
Planning Commission: Marshall Balfe, Shelley Doran, Carol Gottlieb and Ray
Rooker. In addition Planning Commissioner Mary Stutz had submitted a letter
requesting consideration of reappointment.
Ray Rooker, 12819 Viscaino Road, referred to his application which Council had
received as well as his comments on what he believed was good and bad about the
Town and what could be done to make it a better place. He further commented on
design concepts in general, the issue of 'rural' and ways which he believed would
result in better designs such as use of more earth tones to soften stucco and use of
rock rather than brick work.
Mary Stutz, 25310 Elena Road, commented that she had enjoyed serving as a
Planning Commissioner and would look forward to another term. She felt there
were many projects to complete such as the review of the General Plan. Mrs. Stutz
emphasized the importance of good communication between the Council and the
Commission and urged the continuance of the joint meetings.
Marshall Balfe, 12390 Hilltop Drive, noted that he had only lived in the Town for
one year but he was eager to get involved and believed he had the experience and
ability.
Carol Gottlieb, 24290 Summerhill, commented that she had enjoyed working with
the Town Government over the last seventeen years, particularly as a member of
the Pathways Recreation and Parks Committee and would like to continue as a
member of the Planning Commission. She further noted that she was particularly
proud of her work on the Town Handbook and the Design Guidelines Brochure.
Shelley Doran, 24920 La Loma Court, noted that she was continuing her
participation as a member of the Environmental Design and Protection Committee
and was also keeping up to date on current planning projects. Mrs. Doran stated
that she believed site analysis was especially important and also keeping the
applicants advised about Town procedures as an aid toward having their projects
cost less.
Council thanked all of the applicants and stated that it was an extremely difficult
decison to make with so many very qualified applicants.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to appoint Carol Gottlieb and Mary Stutz to the Planning
Commission, each for a four-year term, ending on June 30, 1998.
July 6, 1994
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to appoint Marshall Balfe, 12390 Hilltop Drive, to the
Community Relations Committee for a two-year term.
3. PLANNING COMMISSION REPORT (Commissioner Schreiner)
Planning Commissioner Schreiner noted the following issues that were discussed at
the 6/22/94 Planning Commission Meeting: Lands of Pahl, 27431 Black Mountain
Road - request for a site development permit for a detached garage and a major
addition to an existing residence - approved; Lands of Chang, 24712 Olive Tree Court
- request for a site development permit for a second story addition - approved; Lands
of Nguyen, 11632 Rebecca Lane - request for a site development permit for an
addition and pool - continued; and Lands of Chan, 14295 Saddle Mountain Road -
request for a site development permit for a new residence - continued. The
Planning Commission also held a special meeting on June 29th to discuss the
Fremont Hills Country Club application. Their request for a site development
permit and conditional use permit for a major remodel and addition was approved
with conditions and this item was on the Council's Consent Calendar for
concurrence. Commissioner Schreiner reported that the Commission addressed the
following issues: development area, parking, safety, bridge, horse allowance, height,
caretaker's unit, undergrounding of utilities, parking attendants, signage,
membership (limited to 500), annual review of conditional use permit and an
Loperational plan which would include an emergency plan
4. CONSENT CALENDAR
Items Removed: 4.1 - 6/14/94 Adjourned Regular Meeting Minutes (Dauber) and
4.8a (Siegel)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: June 15, 1994 (Adjourned Regular Mtg.)
June 15, 1994 (Regular Meeting)
4.2 Approved Warrants: $52,898.36 (6/15/94)
4.3 Adopted Ordinance #371 amending the Municipal Code relating to a
Transportation Management Program
4.4 Acknowledged but rejected at this time irrevocable offer of
dedication for street right of way along Gerth Lane at 2240 Old Page Mill
Road, Lands of Helliwell -- Reso #45-94
t July 6, 1994
�w Regular City Council Meeting
4.5 Acknowledged but rejected at this time irrevocable offer of
dedication for street right of way along Quail Lane; acknowledged but
rejected at this time irrevocable offer of dedication of one third interest
in right of way along Quail Lane, Lands of Gilmartin, 25980 Quail Lane --
Resolutions #46-94 and #47-94
4.6 Dedicated easement for storm drain purposes, Lands of Bleisch,
12640 Robleda Road -- Reso #48-94
4.7 Accepted Town Generator Project -- Reso #49-94
4.9 Issued Proclamation: Commending the Town Crew
Items Removed:
4.1 Approval of Minutes: June 14, 1994 (Adjourned Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and
passed unanimously to approve the minutes of the July 14, 1994 Adjourned Regular
City Council Meeting with the following correction: Page 2, first paragraph, last
sentence should read: "....it would not be distributed until after mid -year budget
` review.
4.8 Consideration of Whether To Review the following Planning
Commission Action at Its Meeting on June 29, 1994:
4.8a Lands of Fremont Hills Country Club, 12889 Viscaino Place:
approved request for a Site Development Permit and
Conditional Use Permit for major remodel and addition
Council decided to review the request for a Site Development Permit, Variance
and Conditional Use Permit for major remodel and addition for Lands of
Fremont Hills Country Club, 12889 Viscaino Place. Council asked that the
proposed conditions be reviewed by the City Attorney prior to the July
20th hearing by the Council and also that the minutes from the
Commission Meeting at which this application was discussed be available.
A. Richard Jones, 12660 LaCresta Drive, noted that he had distributed some
handouts on the Fremont Hills Country Club application and he asked Council to
review these graphs prior to their hearing on this application.
5. UNFINISHED BUSINESS
July 6, 1994
Regular City Council Meeting
6. NEW BUSINESS
6.1 Request for a one year extension for a site development permit for
landscape/hardscape and retaining wall at 12390 Gigli Court, Lands of
Salazar
Council referred to the staff report which noted that this site development permit
was originally approved in 1990. Since then it had been extended three times by staff
and Council. The applicant was at this time requesting another extension due to
financial constraints. Council concurred that four years was more than enough
time to complete the conditions of this site development permit.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson
and passed unanimously to deny the request for a one year extension for a site
development permit for landscape/hardscape and retaining wall at 12390 Gigli
Court, Lands of Salazar and to require that the approved mitigating landscaping be
planted within 60 days.
6.2 Review of grading and original subdivision requirements and
restrictions for Lot 5 Finn Subdivision, 12005 Finn Lane
Siegel stepped down from consideration of this item due to a possible confict of
interest.
Council had before them the Planning Director's staff report which explained this
request for review of grading. As a required condition of the approved Finn
Subdivision the house on lot 5 had been designed to meet the 590 elevation
limitation. The developer had proposed large amounts of grading to be done to
accommodate the proposed house on lot 5 and he was also proposing grading across
the lot lines of lots 5 and 6 which was not allowed by code as Town standards do not
allow grading within ten feet of a property line. Planning Commission had held a
preliminary review of this grading and because of the Code issues which were raised
they were requesting that Council review this application. The City Engineer noted
that this was not an approval of the plan but rather of the concept.
Ken Olcott, representing Mr. Cosa - 24915 La Loma Court, commented on the issue
of grading in the Finn Subdivision. He supported allowing the grading but strongly
urged keeping the imposed height restrictions. Mr. Olcott questioned the stability of
the lot and recommended engineering the two to one slope so that other properties
would not be affected. He also commented on the possibility of a retaining wall.
Pam Schwartz, 24941 Prospect, expressed her concerns about the drainage issue.
Already water ran down the side of their property and she wondered what changes
July 6, 1994
Regular City Council Meeting
in drainage would occur with the additional grading. Ms. Schwartz also asked for
ibr clarification of what the development area would be on these lots.
Bob Owen, developer, reviewed the height restrictions on both lot 5 (590 elevation)
and lot 6 (580). Mr. Owen noted that the height restriction on lot 6 was the actual
height of the knoll and ten feet lower than that on lot 5. In view of these height
restrictions he was proposing the grading on both lots 5 and 6 and the removal of 10'
off the top of lot 5. Mr. Owen suggested a site visit so that Council could clearly
understand the constraints of these lots. He also commented in response to Ms.
Schwartz' comments about drainage that the drainage would not change whether or
not this grading was done.
Council discussed this issue of grading noting that the grading should fit the lot not
the proposed house. In other words they were open to a certain amount of grading
but not to change the lot for the house the developer wanted to build. Council also
noted that per the subdivision conditions the height of houses on lots 5 and 6 was
10' which was not what the intention was of the Council at the time of approval.
Since there was considerable grading proposed, Council suggested the developer
review the proposed siting of the house.
PASSED BY CONSENSUS: Council agreed that the maximum development area
and the maximum floor area for Lots 5 and 6 of the Finn Subdivision were
previously established. Council further gave the following guidance to the
developer of Lot 5: keep the height restriction, use creative grading with good
judgment, pay attention to the drainage issue and be aware that a variance would be
required for grading done within ten feet of the property line.
6.3 Discussion regarding required setbacks from emergency fire access
roads
Council discussed the staff report which addressed some confusion regarding
setbacks from fire access roads. Some applicants had not understood that current
ordinances require 30' and 40' setbacks from all access roadways and easements
including fire access roads. Council commented that they did not see a problem
with accessory structures and perhaps even primary dwellings being within these
setbacks of fire access roads which were rarely used. They also did not see a necessity
to amending the code at this time.
Steve Lohr, developer, commented that between Lots 15 and 16 on Lands of
McCullough there was a fire access road and he addressed their concerns about the
excessive setbacks if required for the fire access road.
July 6, 1994
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to waive any variance fees if Steve Lohr applied for a variance
for structures in the fire access road setback for Lands of McCullough.
6.4 Request from the Bay Area Economic Forum for a $500 contribution
in support of the new proposed National Wind Tunnel Complex in
the Bay Area at the NASA Ames Research Center
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to request the Mayor to send a letter to the Bay Area Economic
Forum stating that while the Town supported the wind tunnel complex, due to
budgetary constraints it was unable to provide financial support for this project.
6.5 Appointments of Council liaisons to Standing Committees, of Council-
members on outside agencies and of Council sub-committees
PASSED BY CONSENSUS: To approve the following appointments of Council
liaisons to Standing Committees, of Councilmembers on outside agencies and of
Council sub-committees
Committee Liaison
Community Relations Elayne Dauber
Environmental Design and Protection Bob Johnson
Finance Sid Hubbard
Pathways, Recreation and Parks William Siegel
Safety Barbara Tryon
Youth Commissioner Mayor
Exhibit Curator Mayor
Town Historian Mayor
Appointments to Outside Agencies
ABAG Barbara Tryon
Sid Hubbard (alternate)
Community Health Awareness Council Rory Kaplan
(CHAC)
Emergency Preparedness Council Barbara Tryon
Intergovernmental Council (IGC) Mayor
City Selection Mayor
League of California Cities - Peninsula Elayne Dauber
Division William Siegel (alternate)
July 6, 1994
Itaw Regular City Council Meeting
Los Altos Senior Coordinating Council (to be appointed)
North County Library Authority Elayne Dauber
Santa Clara County Transportation Barbara Tryon
Commission
Traffic Authority Policy Advisory Board Sid Hubbard
Santa Clara Valley Water Commission Bob Johnson
Santa Clara Valley Water District Jeff Peterson (staff)
Northwest Flood Control Advisory William Siegel (alternate)
Committee
Santa Clara County Cities Bob Johnson
Association Barbara Tryon (alternate)
Santa Clara County Local Transportation
Authority Policy Advisory Board
Barbara Tryon
Congestion Management Agency -
Policy Advisory Committee
Sid Hubbard
Congestion Management Agency
Barbara Tryon
Palo Alto Unified School District Community
Advisory Committee
(to be appointed)
Council Subcommittees (The asterisk indicates the lead Councilmember on the
subcommittee.)
Town Newsletter
Quarry Hills Project
Cable TV
Solid Waste Franchise Agreement
Rate Review
Employee Personnel Regulations
N,
Elayne Dauber
William Siegel*
Elayne Dauber
William Siegel*
William Siegel
Bob Johnson
Bob Johnson*
William Siegel
Sid Hubbard
July 6, 1994
Regular City Council Meeting
Packard Foundation
Sid Hubbard*
Barbara Tryon
Town Composting
Elayne Dauber
Housing Element
Elayne Dauber
Bob Johnson
Planning Issues: Remodels,
Sid Hubbard
Non -conforming structures, and
William Siegel*
defacto subdivisions
Han Property Sid Hubbard
Barbara Tryon*
Maximum Development Area Elayne Dauber*
Sid Hubbard
It was agreed that for each subcommittee a form would be completed stating
the purpose of each committee, members, and other pertinent information.
These forms would be kept on file with the City Clerk.
7. REPORTS FROM COMMITTEES. SUB -COMMITTEES. AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Recommendation from the Pathways Recreation and Parks
Committee on the review of the Santa Clara County Bikeways
Map as requested by the Santa Clara County Transportation
Agency.
Les Earnest, Chairman - Pathways Recreation and Parks Committee, explained to the
Council the request received from the Transportation Agency for comments on
the County's Bikeways Map by July 11th. For that reason he was requesting
Council's consideration of the committee's recommendations at this meeting.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by
Johnson and passed unanimously to approve the following
recommendations from the Pathways Recreation and Parks Committee on
the review of the Santa Clara County Bikeways Map as requested by the Santa
Clara County Transportation Agency:
July 6, 1994
Regular City Council Meeting
1. Inasmuch as all the bikeways currently shown on the county map are,
6W or soon will be, good routes that have already been recognized by the Town as
bikeways (though some were designated as Major Bikeways rather than
Regional Bikeways in the earlier review), allow them to stand.
�h.
2. Given that the Town had earlier designated three Regional Bikeways
that do not appear on the county map, request that the following be added to
the county map: a) Arastradero from Page Mill Road to Purissima; b) Page
Mill Road from Arastradero southward to Via Ventana then via Briones,
Altamont and Page Mill Road to the Town boundary; and c) the Purissima-
Robleda-Elena-Foothill College -El Monte -Summerhill route.
3. Request that the Lupine Bikeway be accurately depicted as part bike
path and part bike route.
4. Given that both the Lupine and Purissima bikeways are to be shown on
the county map, include also the small bike route along Elena that links
them.
5. Request that the county add the Old Page Mill bikeway.
8. STAFF REPORTS
8.1 City Manager
8.2 City Attorney
8.2.1 Supreme Court Decision on Lands of Dolan
The City Attorney noted that she would be preparing a report on the recent
Supreme Court decision concerning Lands of Dolan (Oregon) on private
property rights.
8.3 City Clerk
8.3.1 Report on Council Correspondence dated June 29, 1994
9. COUNCIL -INITIATED ITEMS
9.1 Establishment of policy regarding notifying neighbors on land
applications
10
July 6, 1994
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to approve the following policy statement regarding
notification of neighbors on land applications: Noting that Council reviews on
general planning issues may result in decisions which affect the neighboring
properties, it shall be the Town's policy that neighbors within 500 feet of a property
being discussed for a planning review shall be notified that the issue will be
discussed by the Council.
9.2 Housing and Community Development
Council discussed the importance of an active representative from the Town on the
Housing and Community Development Citizens' Advisory Committee. Siegel
believed it was important for the Town to be kept up to date on grant funds
available and on current activities of this committee. He suggested appointing the
Planning Director to represent the Town rather than a Planning Commissioner but
other Councilmembers thought this was much too costly for the Town. It was
agreed that the Planning Commission would make an appointment. (Currently
Commissioner Takamoto was the representative but his schedule had prevented
him from attending most of the meetings.)
9.3 Policy Manual
Council discussed the updating of the Policy Manual and it was agreed that the City
`, Clerk would review the manual and remove outdated policies. These outdated
policies would be brought back to Council for official purging at a regular Council
Meeting.
9.4 Request for removal of property at 26005 Newbridge from the
Driveway Roughening Project.
7
Council had received a request from Mr. and Mrs. Berry at 26005 Newbridge that
their driveway be deleted from inclusion in the Town's approved driveway
roughening project. In their letter Mr. and Mrs. Berry explain their concerns about
the safety of their children and the proximity of the horses using the path along the
driveway. They note that the Town approved their landscaping plans and they
believed that the horses, pedestrians and children were safer using the cul-de-sac to
access passage to Orchard Hill.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to remove 26005 Newbridge from the list of driveways to be
included in the driveway roughening project. Council further noted that the
notices to residents involved in this project should be sent from the Town and not
the contractor.
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July 6, 1994
Regular City Council Meeting
{, 10. PRESENTATIONS FROM THE FLOOR
Ir
Sharyn Brown, Vice -President - Westwind Barn, noted that according to their lease
it was necessary to have an audit performed. Carol Gottlieb had offered to do the
audit at no charge but apparently concerns had been raised because she was a
member of the Board of Directors of Westwind. Council stated the importance of
having an audit done by someone not involved directly with Westwind. Ms.
Brown also commented that Westwind was working with Fremont Hills Country
Club on an emergency plan for horses. Council asked Westwind to include an
article in the next newsletter about what activities were available at Westwind.
Ruth Buneman, 12655 LaCresta Drive, commented on the parking problem at the
Little League Fields and also referred to the letter from the Chairman of the Safety
Committee stating that the fields were also being used by the Los Altos Little League
and this could be adding to the traffic congestion. Mrs. Buneman recommended
that Council look into this situation.
Ed Emling, 11666 Murietta Lane, reiterated the concerns he had raised at previous
Council Meetings about the safety issue at Adobe Creek. The four wheel drive
vehicles were still going onto the property and he was very concerned about the
potential of fire. Mr. Emling believed this was an emergency situation and needed
to be addressed. He further commented that trash was being dumped on the Adobe
Creek property.
David Proft, 26721 Moody Road, concurred with Mr. Emling. They live across the
street from the property under discussion and were well aware of this safety
situation. He noted that he had extra telephone poles which he was willing to
donate to the Town if they could use them to block the property from trespassers.
Mr. Proft also stated that he would meet with staff to discuss this situation if they
thought this might be of assistance.
Council agreed that the Adobe Creek safety issue would be agendized for the July
20th Council Meeting. For that meeting documents should be available from the
Fire Department, Sheriff's Department, Ed Emling and Town Staff establishing the
findings for an emergency situation at Adobe Creek. Mr. Emling questioned the
delay but was notified that the owners had to be contacted as it was private property.
Staff also raised concerns about blocking off the access in case the Fire Department
had to enter the property.
Stephen Hays, President - Los Altos Hills Horsemens' Association, referred to the
Town's budget and inquired about the budgeted amount for the Town Ring. He
noted that future plans for the ring hoped to achieve a more equestrian setting.
July 6, 1994
Regular City Council Meeting
12
This would include tree planting, picnic table, storage containers (to shield
equipment), notice board for events, reestablishment of swale, and replacement of
railing. The City Manager noted that closure needed to be reached on the agreement
between the Town and the Horsemens' Association. Council commented that any
proposed budget changes could be considered at the mid -year budget review.
11. PUBLIC HEARINGS
11.1 Adoption of a proposed Town Budget for the fiscal year 1994-95 and the
appropriations limit for the fiscal year ending June 30, 1995 -- Reso #
Tryon inquired about the median work at entrances to the Town and was advised
that this project would be included in the capital improvements budget which
would be brought to Council in October. It was noted that in the present budget
there were funds for the crew to trim the trees and clean up the medians and this
work would proceed.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to adopt Resolution #50-94 adopting the Town Budget for fiscal
year 1994-95.
11.2 Introduction of Ordinance revising Section 10-1.1106 (actions of Planning
Commission), Sectionit)-1.1107(i) (amendment to add: Conditional
Use Permits Approval; Conditions), Section 10-1.1108 (effective dates of
actions of the Planning Commission), Section 10-1.1109 (appeals from
decisions of the Planning Commission and staff committee), Section
10-1.1110 (Council review of actions) and Section 10-2.1212 (effective
date; appeals) of the Zoning and Site Development Ordinances in the
Town's Municipal Code (FIRST READING)
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and
passed unanimously to waive further reading of ordinance regarding zoning and
site development procedures.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and
passed unanimously to introduce ordinance regarding zoning and site development
procedures.
July 6, 1994
Regular City Council Meeting
13
12. CLOSED SESSION: CONFERENCE WITH REAL PROPERTY
NEGOTIATOR -- GOVERNMENT CODE SECTION 54956.8
Property: 25561 Fremont Road
Negotiating Parties: Town and Dr. Jonathan Hau
Under Negotiation: Possible Purchase Price and Terms and Payments
The City Council adjourned at 10:30 p.m. to a Closed Session for a Conference with
Real Property Negotiator and reconvened at 11:15 p.m
13. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 11:15 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the July 6, 1994 City Council Meeting were approved at the
July 20, 1994 Regular City Council Meeting.
July 6, 1994
Regular City Council Meeting
14