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HomeMy WebLinkAbout07/20/1994 (2)Minutes of a Regular Meeting July 20, 1994 Town of Los Altos Hills City Council Meeting Wednesday, July 20, 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, Planning Director Linda Niles and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Santa Clara County Traffic Authority on 1994 Draft Strategic Plan of Measure A Highway Improvement Program -- Eileen Goodwin Eileen Goodwin, Executive Director of the Traffic Authority, presented an update of the 1994 Draft Strategic Plan of the Measure A Highway Improvement Program. She explained the funding sources addressing both the current and preferred scenarios. The status of new funding would not be confirmed until October. Ms. Goodwin was pleased to report that the shortfalls had been alleviated and also addressed the issues of sound walls and right-of-way condemnations. On the construction schedule, she reported that Highway 85 should open October 19, 1994, the south interchange of 101-85 should open during August and by the end of the calendar year all stop lights should be removed on Highway 237. Ms. Goodwin thanked Council for all of their cooperation and concluded that the Traffic Authority would cease to exist in March 1997. 3. PLANNING COMMISSION REPORT 4 July 20, 1994 Regular City Council Meeting `, The Planning Director reported that in addition to the planning items on the Council's Consent Calendar, the Lands of Chen at 14295 Saddle Mountain Road, request for a Site Development Permit for a new residence was continued to the September 14th meeting for redesign. 4. CONSENT CALENDAR Mayor Dauber noted that a letter had been received from Bob Owen requesting the removal of Item 4.17 from the agenda. Hubbard commented that he would share with Mr. Owen his concerns about this project, specifically regarding the grading and the siting. Items Removed: 4.6 (Siegel) and 4.10 (City Attorney) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: June 29, 1994 (Adjourned Regular Mtg.) July 6, 1994 (Regular Meeting) 4.2 Approved Warrants: $484,772.45 (6/30/94) $ 67,991.39 (7/6/94) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on July 13, 1994: 4.3a Lands of Beigler, 14780 Manuella Road: request for modifications to a previously approved Site Development Permit for an addition to existing residence, detached garage and studio 4.3b Lands of Belden,12033 Green Hills Court: request for a Site Development Permit for a major addition and remodel 4.3c Lands of Young, 27840 Saddle Court: request for a variance for pathway and driveway lights to be placed within the front setback 4.4 Awarded Contract for 1993-94 Pavement Management Program -- Reso #51-94 4.5 Approved agreement with County of Santa Clara for a Countywide AB 939 Implementation Fee -- Reso #52-94 July 20, 1994 Regular City Council Meeting 4.7 Approved addendum to agreement with Janice Bohman -- Reso #53-94 4.8 Approved an amendment to contract for engineering services with Wilsey & Ham -- Reso #54-94 4.9 Approved ordering the purchase of certain supplies (phone system) -- Reso #55-94 4.11 Approved amendment of designation of bikeways/designation of Lupine Road Pathway as Bike Path 4.12 Issued proclamation: White House Conference on Library and Information Services Taskforce 4.13 Adopted Ordinance #372 revising Section 10-1.1106 (actions of Planning Commission), Sectionl0-1.1107(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 theTown's Municipal Code 4.14 Accepted offer of dedication for right of way along Normandy Lane, Lands of Lebeau, 12795 Normandy Lane -- Reso #56-94 4.15 Approved request to readvertise for 1993-94 Storm Drain Improvements 4.16 Accepted final map, Lands of Hoover, 13820 La Paloma -- Reso #57-94 Items Removed: 4.6 Amend the salary schedule for fiscal year 1994-95 -- Reso #__ MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution 458-94 amending the salary schedule for Fiscal Year 1994-95 with the following addition: the first paragraph should read: "Whereas the City Manager has recommended a cost of living salary increase of 1.3% for selected classifications for the 1994-95 Fiscal Year, which increase is based on the February 1993 to February 1994 Bureau of Labor Statistics' Consumer Price Index for All Urban Consumers for San Francisco -Oakland -San Jose;" July 20, 1994 Regular City Council Meeting 4.10 Requesting the Tax Collector of the County of Santa Clara to levy certain charges against real properties in order to abate weeds -- Reso #___ The City Attorney removed this item from the Consent Calendar noting a public hearing was required to discuss this issue. 5. UNFINISHED BUSINESS 5.1 Determination that emergency nuisance exists at Adobe Creek Subdivision -- Reso # Ed Emling, 11853 Murietta Lane, reported on a recent incident at the Adobe Creek subdivision which had him quite concerned. On Monday, July 18th a neighbor had sighted a fire in this area under discussion and had called the fire department at 10:55 p.m. When no one responded this neighbor called him. He then called 911 and went out to the property. By the time he got there the fire department was there but apparently could not find the fire. There was also a sheriff's deputy at Francemont. Mr. Emling was concerned about the slow response time on the part of the fire department and the fact that the deputy was not citing anyone because "No Trespassing" signs were not posted. `, Tryon believed this was a clearly dangerous situation and she requested a report from the City Manager on both the response by the fire department as well as the sheriff's deputy. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to direct the Director of Public Works to work with the Fire Marshall to post the Adobe Creek Subdivision with signs prohibiting entry by unauthorized persons and to direct the City Manager to report back to the Council on the incident referred to by Mr. Emling. Siegel believed it was a high priority to place these signs and it should be done as soon as possible. The Director of Public Works stated that the signs should be up by Friday. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to adopt Resolution #59-94 declaring the undeveloped property in the Adobe Creek Subdivision a nuisance posing an immediate threat to the public peace, health and safety and directing the Director of Public Works to take certain steps to abate the nuisance. �kw July 20, 1994 Regular City Council Meeting 6. NEW BUSINESS 6.1 Request from Bullis Purissima School for the funding of crossing guard services at the intersection of West Edith and Fremont Jill Gilliland, Vice President - Bullis Purissima School PTA, addressed the Council with their concerns about the safety of the school children at the Edith and Fremont intersection. She further referred to her letter of June 20th in which they ask for crossing guards at this location. She explained the cost would be $10/day for 180 days and the school would provide the insurance, etc. and bill the Town. Council discussed this request and also the option of a three-way stop sign at this location. They also asked if the School Board had taken any action on this matter and were advised by Mrs. Gilliland that the school did not have the funds to support crossing guards. Council believed a public hearing should be held on this request at which time a recommendation would be available from the Director of Public Works. Since school would start before the Council would next meet, the suggestion was made for volunteer parent crossing guards. The City Attorney also noted that any action by the Council on the installation of stop signs would require a resolution. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to defer action on this request to September for the setting of a public hearing and report and recommendation from staff. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES. AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Pathways Recreation and Parks Committee 7.1.1 Recommendation for proposed criteria for naming Town Pathways MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to approve the recommendation from the Pathways Recreation and Parks Committee that Town Pathways be named for one of the following: 1) historical entities that are linked to the Town or 2) persons who have had a long involvement with the Town and preferably with the pathway system and who are not currently holding an elected Town office. 8. STAFF REPORTS 8.1 City Manager July 20, 1994 Regular City Council Meeting 8.2 City Attorney fAW 8.3 City Clerk 8.3.1 Report on Council Correspondence dated July 14, 1994 9. COUNCIL -INITIATED ITEMS 9.1 Appointment of representative to the Santa Clara County Housing and Community Development Citizens' Advisory Committee (Mayor Dauber) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to appoint Donna Bartelink as the Town's alternate to the Santa Clara County Housing and Community Development Citizens' Advisory Committee. 10. PRESENTATIONS FROM THE FLOOR Bill Sun, 12444 Robleda, reported that his mailbox had been blown up and he was aware that other such incidents had occurred in Town. He was extremely concerned about this safety issue. Mr. Sun believed it was a form of terrorism and the Town should seriously address these situations. Council was advised that the City Manager was working with the Sheriff's Department and the Chairman of the Safety Committee. The neighborhood coordinators had been notified. Council suggested the Mayor send a letter to the coordinators and that the City Manager report back to them on this issue. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a new residence and pool, Lands of Chen, 27765 Lupine Road The Planning Director explained that the staff had changed their recommendation on this project from one of approval to one of denial. In preparing the initial staff report staff did not believe this project would negatively impact the neighbors. However, during the public hearing held by the Planning Commission it became apparent that this was not the case. July 20, 1994 Regular City Council Meeting ` Mr. Chen, applicant, requested approval of this project. He noted they had worked `. extensively with staff and their project was in compliance with all of the Town's ordinances. He further commented that he believed the project to be compatible with the character of the neighborhood and he had submitted a petition signed by eighty residents in support of this project. Ken Pastrof, Land Analysis Associates, thanked Councilmembers for visiting the site and proceeded to give a background statement on this project. In late 1993 when this project was originally proposed it met all of the Town's ordinances and did not use all of the maximum floor area or maximum development area allowed for this property. There was adequate on-site parking, considerable setbacks and it was sited over 200' from right of way. Mr. Pastrof further noted that the grading had been minimized by using the existing pad and he believed the lot was large enough to support a house of this size. He referred to several meetings that had been held by the Planning Commission and attended by several of the neighbors. He asked for clarification of the Town's regulations as they did not understand the negative recommendation from the staff on a project that was within the Town's Codes. They further believed that the concerns raised by some of the neighbors were unrealistic and unfair. Mr. Pastrof presented a series of aerial photographs which showed the relationship of the proposed house to the neighboring homes. He also addressed the design features of the house noting they had depressed part of the house into the hill which basically isolated the two-story element to the rear. `. Pong Ng, architect, addressed how they have attempted to comply with the Town's design guidelines. He believed the design was compatible with the terrain, the bulk had been mitigated and the house had been carefully sited on the lot. Mr. Ng further commented on the landscaping, screening, undergrounding of part of the house (basement) and turnaround for safety. Thomas Jordan, applicant's attorney, referred to his letter dated 7/20/94 in which he explained the reasons why he believed his client's project should be approved. Mr. Jordan stated that Mr. Chen had complied with the Town's regulations. In addition Mr. Chen had done everything reasonable and possible to determine in advance of purchasing their lot that they would be able to build their home. Mr. Jordan also referenced a letter submitted by Mr. Scott Lefaver, Professor of Lands Planning at San Jose State, which reviews the staff reports and Town's regulations and supports Mr. Chen's project. Mrs. Chen, applicant, introduced their children to the Council and pleaded for a final positive decision on their project at this meeting. She explained that the process had been going on for a long time and was disruptive to their lives. Mrs. July 20, 1994 Regular City Council Meeting Chen further commented that they had done their best to compromise. She emphasized the siting of the house and the 240' setback and noted that when compared to recently approved homes in the neighborhood theirs was far less imposing. The following residents addressed the Council in support of this project: Ephraim Kwok, 26837 Purissima; Jim Lai, 12120 Foothill Lane; K. Bobby Chao, 27875 Fawn Creek Court; Bette Ng, 12700 Leander Drive; Timothy Tang, 26638 Purissima Road; Andrew Chang, 27801 Via Feliz; Phyllis Shih, 27865 Fawn Creek; Mr. G.R. Egan, 13900 Fremont Pines Lane; Patrick Ng, 12700 Leander; Bill Sun, 12444 Robleda and Linda Gard, Los Altos. Ms. Gard was the realtor involved in the sale of the Chen property. She noted that they had investigated what could be done with the lot and she was now inquiring if approvals needed to be obtained from the neighbors. Those speaking in favor of the Chen project noted that this application complied with the Town's regulations and the applicants had worked with the Town. They did not believe the Chens should subjected to what they considered subjective and not objective restrictions. The following residents were not in favor of the Chen project as proposed: Melvin Harrison, 27744 Lupine; Michelle Harrison, 13490 Page Mill Road; Dick Stark, 13686 Page Mill Road; Joanna Conti, 27771 Lupine Road; John Dukes, 27783 Lupine Road; Sharyn Brown, 27673 Lupine Road; June Dean, 27677 Lupine Road; Marc Betz, 27751 Lupine Road; Mr. E.H. Stewart, 27850 Lupine Road; and Dot Schreiner, 14301 Saddle Mountain Drive. Those not in favor of the proposed project raised the issues of visual impact of the approximately 10,000 square foot house on their homes and the fact that they did not believe it fit into the rural neighborhood of much smaller homes. These residents recommended lowering the house, making it a one-story, smaller home and aligning it lengthwise on the lot. All Councilmembers disclosed that they had visited the site and had met with the applicants and some of the neighbors. Hubbard commented that he believed there had been an effort on the applicant's part to comply with the Town's regulations but although the project was in line with the allowed development numbers the project also had to be unobtrusive. The impact on the neighbors was very important and he believed with slight modifications to the design a compromise was possible. Siegel also commented on the impact on the neighborhood. He believed this house was too large for the area and the applicant had to find a way to reduce this impact ( i.e. lowering the house, change the siting). Johnson referred to the Town's site development policy approved by the Council in 1991. He commented that the neighbors knew more about their neighborhoods than Council did and he suggested lowering the house July 20, 1994 Regular City Council Meeting and more screening as options for the applicant to preserve the views of the neighbors. Dauber believed compromises needed to be made. She suggested stepping in both sides of the house, undergrounding the second garage, moving siting of house to where the lot was flatter and turning the house to make it fit better on the site. Tryon referred to the site development process and noted that each site was different. Neighborhood discussion was important as well as diversity, compromise and independence. This was a significant project but one that could be mitigated with specific directions given to the applicant. This direction could include changing the siting of the house and stepping it. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to continue the request for a site development permit for a new residence and pool for Lands of Chen at 27765 Lupine Road to the September 7, 1994 City Council Meeting for a redesign by the applicant. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to go past the 10:30 p.m. hour of adjournment. 11.2 Request for a Site Development Permit, Variance and Conditional Use Permit for a major remodel and addition, Lands of Fremont Hills Country Club, 12889 Viscaino Place Councilmember Hubbard stepped down from consideration of this item due to a possible conflict of interest. Ken Rodrigues, applicant's architect, commented that they were in concurrence with the recommendations made by the Planning Commission to the Council regarding this project. They were not intensifying the use of the club; they were simply redoing the club so that it would fit better into the surroundings. Mr. Rodrigues described the proposed landscaping and also commented that their variance request for additional development area for tennis and practice courts had been dropped. He further stated that they did not agree with the construction of a bridge at Purissima. They were a commercial not residential property and the conditions for bridges were costly and many. If a bridge were required they economically could not proceed with this project. They did agree with the recommendations from the Planning Commission for signage including stop signs, commenting that they thought it safer to cross at a stop sign rather than in the middle of Purissima. Wes Henderson, 12720 Canario Way, expressed his concerns regarding congestion, parking and traffic flow. He referred to the blind curves on Viscaino/ Viscaino Place and supported the proposed bridge on Purissima. He noted that there was not July 20, 1994 Regular City Council Meeting `7 enough on site parking at the Club and thought shared parking was a good solution. Social events and swim meets at the Club were peak occasions and traffic was always a problem. Mr. Henderson recommended: 1) closing the Viscaino Place entrance for the following reasons: a) proven unsafe traffic; b) inadequate parking blocks access; c) Purissima Road was the appropriate entrance; and d) a driveway with a culvert was simple, effective and economical. 2) improving safety at Viscaino Road and Canario/Viscaino Place by doing the following: a) replacing "Slow - Crosswalk" warning sign; and b) restoring the painted crosswalk in a safer location. 3) using "shared parking" to: a) provide more off-street parking for the Club; b) reduce the Little League ballpark congestion; and c) improve safety for everyone. and 4) requiring a full hearing by the Council on the landscape plan for the Club. The following addressed the Council expressing their concerns about the Fremont Hills Country Club application: Barton Evans, 12896 Viscaino; A. Richard Jones, La Cresta Drive; Rosemary Damon, 12660 Roble Ladera; Janet Chiu, 12882 Viscaino Road; John Arnold, 12750 Canario Way; Victor Hesterman, 12715 Canario Way; Ming-Jeh Chen, 12712 Canario Way; and Dave Pilling, 12849 Canario Way. Safety was the major concern with support also given for access off Purissima and appropriate landscaping. Mr. Jones submitted a detailed letter concerning safety, traffic, increased activity and membership at the Club, access off Purissima, membership of Club Board and environmental concerns. This letter is on file at Town Hall. Hal Gillette, President of Board of Directors Fremont Hills Country Club, stated that they considered themselves a neighbor and he addressed the parking issue, noting that there were 265 cars a day. He concurred with the Planning Commission's recommendations for signage and stop signs and did not agree with a bridge. Mr. Gillette referred to the background of this project which included public hearings and thorough review by the staff and Planning Commission. Conditions had been recommended and the Country Club agreed with these recommendations. Richard Sereni, Stable Manager - Fremont Hills Country Club, explained the proposed expansion of the barn area. They had a total of fifty horses and this would provide shelter for the horses kept in the lower ring. Mr. Sereni explained the use of box stalls and the teaching exercises and asked to be advised if anyone had any concerns or complaints. Larry Anderson, Chairman of the Country Club's Remodel Committee, commented on the parking issue and the safety of the children. He did not understand how parking across the the street would enhance the safety of the children and was quite concerned about children darting out into the street. Presently the Club allowed the Little League to park in their lots but they did not believe it was the Club's 10 July 20, 1994 Regular City Council Meeting responsibility to solve the Little League's parking problems. Mr. Anderson noted that the Club's membership was limited to 500 and this year no horse show was scheduled. It was not financially feasible to put on one day horse shows. Mr. Anderson referred to the traffic accident referred to by one the neighbors and stated that this involved a student who was speeding and had nothing to do with the Club. He further stated that he did not believe a bridge would change the traffic on Viscaino. Patrick King, General Manager - Fremont Hills Country Club, commented that there was a 200 limit for any social function and there was adequate parking. Mr. King further reported that there were generally three social functions per month and one wedding a weekend. Jim Boyd, 12510 Minorca; Phil Mahoney, 12100 Foothill Lane; Tom Kelly, 12386 Priscialla; Chuck Aloe, Los Altos each addressed the Council supporting the Fremont Hills Country Club project. They further did not support the bridge off Purissima stating this would be extremely expensive and could jeopardize the whole project. Council discussed the application from the Fremont Hills Country Club and considered the concerns raised by the residents especially regarding the safety issue and the recommendation for access off Purissima. Council also considered the issues raised by the Club regarding their concerns about such access including safety and cost. Although the Club referred to having to build a bridge according to commercial standards which was much different and much more expensive than residential bridges, Council did not agree that it had to be such an involved and costly endeavor. They believed that an access could be accomplished off Purissima which would benefit all parties involved and which could be done in an economically feasible manner for the Club. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and passed by the following roll call vote to deny the request for a variance to the height restrictions, noting that the findings for a variance could not be made. AYES: Mayor Dauber and Councilmembers Johnson and Tryon NOES: Mayor Pro Tem Siegel ABSTAIN: Councilmember Hubbard PASSED BY CONSENSUS: To add a condition requiring access to the Country Club be off Purissima. July 20, 1994 Regular City Council Meeting 11 %W RE Council stated that the Fremont Hills Country Club could ask Council to reconsider this condition at a later date if they found it to be so costly that it would not be financially feasible to complete the access. PASSED BY CONSENSUS: To add a condition limiting the number of participants for outside functions to 200. PASSED BY CONSENSUS: To amend condition 7c to read: "Manure shall be disposed of regularly by spreading, collection in an appropriate bin and/or removal from the site as it is presently done. A plan for the maintenance and removal of manure shall be submitted by the stable manager for review and approval by the Town prior to issuance of building permits." PASSED BY CONSENSUS: To amend Condition 13 to read: "Fremont Hills Country Club shall maintain 147 spaces (108 in the lower lot and 39 in the upper lot)..... " PASSED BY CONSENSUS: To amend the second sentence of Condition #15 to read: "If it is determined that the Club needs an expansion of parking upon the six month or one year review, the Club shall return to the Planning Commission with a modification showing enlargement of the parking areas." PASSED BY CONSENSUS: To add a condition requiring a review of the Conditional Use Permit for the Fremont Hills Country Club every three years. PASSED BY CONSENSUS: The decision whether or not to close the Viscaino entrance to the Country Club shall be made by Town staff. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the Site Development Permit for a major remodel and addition for Lands of Fremont Hills Country Club subject to the conditions of approval recommended by the Planning Commission and amended by Council. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the conditional use permit and zoning permit for a major remodel and addition for the Lands of Fremont Hills Country Club subject to the conditions of approval recommended by the Planning Commission and amended by Council. 12 July 20, 1994 Regular City Council Meeting `► 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 to a Closed Session on a conference with real property negotiator at 1:45 a.m. and reconvened at 2:00 a.m. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 2:00 a.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the July 20, 1994 Regular City Council Meeting were approved at the September 7, 1994 City Council Meeting. 13 July 20, 1994 Regular City Council Meeting