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HomeMy WebLinkAbout09/07/1994Minutes of a Regular Meeting September 7, 1994 Town of Los Altos Hills City Council Meeting Wednesday, September 7,1994,6:00 P.M. Council Chambers, 26379 Fremont Road CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Regular Meeting of the City Council to order at 6:05 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 CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 2. APPOINTMENTS AND PRESENTATIONS 2.1 Interviews and Appointment to the Planning Commission Council had received applications from Shelley Doran and Ray Rooker for appointment to the Planning Commission. Shelley Doran, 24920 La Loma Court, commented that she had interviewed previously for the Planning Commission and shared her views with Council. If they had any further questions, she would be pleased to answer them. Ray Rooker, 12819 Viscaino Road, commented that had experience in design work, had recently obtained his real estate license and wanted to become involved with the community. He offered one suggestion that the plans for applications be made available to the public at the meetings for their review. September 7. 1994 Both applicants stated they would be willing to serve on the Santa Clara County Housing and Community Development Citizens' Advisory Committee. Council thanked both applicants for their interest and willingness to serve the community on the Planning Commission. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint Shelley Doran to the Planning Commission to fill the unexpired term of David Takamoto which ends on June 30, 1997. 2.2 Presentation by the Housing Action Coalition on "Dispelling Myths: The Realities of Affordable Housing Nancy Noe and Mark Srebnik, representing the Housing Action Coalition, commented that the goal of the coalition was to support the creation of housing that was well-built, relatively affordable, and appropriately located to meet the needs of Santa Clara County residents. They also referred to their brochure on dispelling myths - the realities of affordable housing. These included: 1)myth, affordable housing causes too much traffic - fact, people who live in affordable housing own fewer cars and drive less; 2) myth, high-density development strains public services and infrastructure - fact, compact development offers greater efficiency in use of public services and infrastructure; 3) myth, people who live in affordable housing won't fit into my neighborhood - fact, people who need affordable housing already live and work in your community; 4) myth, affordable housing reduces property values - fact, no study in California has ever shown that affordable housing developments reduce property values; and 5) myth, affordable housing increases crime - fact, density does not cause crime. 2.3 Presentation by Los Altos Councilmember Ted Laliotis of a status report on the consolidation of the Congestion Management Agency and the Transit District This item was continued to the October 19, 1994 City Council Meeting. 3. PLANNING COMMISSION REPORT (Commissioner McMahon) Planning Commissioner McMahon reported that the following items were discussed at the 7/27/94 Commission Meeting: Lands of Rose, 24931 Prospect Avenue - request for a site development permit for a second story addition, approved; Lands of van Elderen, 25601 Fernhill Drive - request for a site development permit for a major addition and pool, approved; Lands of Grunewald, 27040 Elena Road - request for a site development permit for a major addition, office addition to the existing residence and a new detached garage, approved; Lands of V September 7, 1994 4.8 Accepted dedication of right of way adjacent to Prospect Avenue, Lands of Rose, 24931 Prospect Avenue -- Reso #63-94 September 7, 1994 Medina, 26501 Purissima Road - request for a modification to a site development permit and variance for a deck addition which will encroach into a required setback, denied; Lands of Kim, 12005 Finn Lane - request for a site development permit for a new residence and pool and a variance to grade over property lines, continued; Lands of Finn, 12001 Finn Lane - request for approval of a grading plan for Lot 6 of the Finn Subdivision, continued; and Lands of Nguyen, 11632 Rebecca Lane - request for a site development permit for an addition and a pool, continued. 4. CONSENT CALENDAR Items Removed: 4.1 - minutes of 7/20/94 Regular City Council Meeting (Tryon), 4.2 - warrants dated 7/18/94 (Hubbard) and 4.9 (Siegel) 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 Minutes: July 20, 1994 (Adjourned Regular Meeting) 4.2 Approved Warrants: $ 66,677.32 (7/29/94) $100,051.48 (8/15/94) $162,050.18 (8/30/94) ` Aw 4.3 Awarded Certificate of Appreciation: Diane Madgic, Pathways, Recreation and Parks Committee 4.4 Issued Proclamation: Building A Drug Free Future Day September 17, 1994 4.5 Accepted dedication of right of way adjacent to Chapin Road, Lands of Kendrick, 25591 Chapin Road -- Reso 460-94 4.6 Approved Certificate of Compliance, Lands of Kendrick, 25591 Chapin Road -- Reso #61-94 4.7 Acknowledged but rejected at this time irrevocable offer of dedication of right of way along Bella Ladera Drive, Lands of Wolfe, 24650 Bella Ladera Drive -- Reso #62-94 4.8 Accepted dedication of right of way adjacent to Prospect Avenue, Lands of Rose, 24931 Prospect Avenue -- Reso #63-94 September 7, 1994 4.10 Awarded Contract for 1993-94 Storm Drain Improvements Project -- Reso #64-94 4.11 Awarded Contract for Moody Road/Adobe Creek Retaining Wall Project -- Reso #65-94 4.12 Approved Council Response to County Grand Jury report concerning false alarm processing Items Removed: 4.1 Approval of Minutes: July 20, 1994 (Regular City Council Meeting) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to approve the minutes of the July 20, 1994 Regular City Council Meeting with the following corrections: page 1, last paragraph change 'September 17, 1994' to 'during August'; page 6, Item 9.1 the motion should read ". . ... appoint Donna Bartelink as the Town's alternate....". Tryon also requested clarification of the height variance issue regarding the Fremont Hills Country Club before the Club's application was brought back to Council. 4.2 Approval of Warrants: $68,100.67 (7/18/94) Hubbard inquired about the $5,147 warrant to Weco Industries and was advised that this was for maintenance of sewer lines. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the 7/18/94 warrant list in the amount of $68,100.67. 4.9 Approval of agency agreement for the Countywide Household Hazardous Waste Collection Program -- Reso #_ Dauber referred to a letter from the Mayor of Saratoga requesting the Santa Clara County Cities Association to review the intent, purpose, effectiveness and cost of the current Household Hazardous Waste Program. In her letter Mayor Burger stated that they thought the program costly and inconvenient and asked if this program met the minimum legal requirements or exceeded them. Siegel did comment that this was a very costly program to run in part because of the environmental controls and he was impressed with the complexity of the process. Council concurred with the concerns raised by the City of Saratoga and Johnson noted that he would relay these concerns at the September 8th meeting of the Cities Association. September 7, 1994 MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and passed unanimously to approve Resolution #66-94 approving and authorizing execution of the agency agreement for Countywide Household Hazardous Waste Collection Program. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Request for Council approval for staff to select an environmental consultant to review the Packard project and prepare a negative declaration, Lands of Packard, 26580 and 26790 Taaffe Road Council discussed the Packard application in general noting that this issue may go on a ballot to get input from the community and further noting that the purpose of the Council subcommittee on this issue was to receive the concerns of the residents. The Planning Director further commented that a neighborhood workshop was being scheduled by the applicant to hear the concerns and/or comments of the neighbors. The Planning Director also noted that while a full environmental impact report was not being called for at this time, if it was the determination of the consultant that one should be done rather than an extensive negative declaration, an EIR would be completed. �r MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to authorize staff to select an environmental consultant to review the Packard project and prepare a negative declaration. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to request the City Attorney to provide an opinion on whether or not this application requires a General Plan amendment and if it does to direct the applicant to prepare such an amendment to be included in the EIR proposals. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORT 8.1 City Manager 8.2 City Attorney 8.2.1 Pool Fencing September 7, 1994 The City Attorney reported on new regulations for pool fencing which INW now included pool covers. These regulations were presently in draft form but would be finalized in 90 days. 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 9/1/94 9. COUNCIL -INITIATED ITEMS 9.1 Authorization to attend the League of California Cities Conference - Long Beach -- October 23-25,1994 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to authorize any Councilmember to. attend the League Conference if they wish. 9.2 Designation of Voting Delegate for League of California Cities Conference MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to designate the Mayor the voting delegate to the League Conference. 9.3 Appointment to the Los Altos Senior Coordinating Council (Mayor Dauber) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint Ramona Chown to the Los Altos Senior Coordinating Council for a term of one year. 9.4 Appointment of representative to the Palo Alto Unified School District Community Advisory Committee (Mayor Dauber) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint Peggy Esher to the Palo Alto Unified School District Community Advisory Committee for a term of one year. 9.5 ABAG Constitutional Amendments Tryon asked that the proposed constitutional amendments received from ABAG be agendized for the next meeting. September 7. 1994 9.6 Use of Town Letterhead It was agreed that the policy on the use of what appeared to be official Town letterhead would be clarified. 9.7 Housing Survey Johnson reported that approximately 1,100 residents had responded to the survey and Council commented on this excellent return. 9.8 Joint Fire District Organization Committee Siegel reported that Los Altos may seek the benefit of joining with another city and also commented that next week a special meeting of the district was scheduled to discuss the bids for the fire station. It was agreed that Council should meet with the Fire Commission to discuss various proposals for reorganization. 9.9 Council Agendas It was agreed that for informational purposes, a copy of the draft agenda would be ` provided to all Councilmembers. av 9.10 Neighborhood Market Hubbard raised the possibility of the Town having a farmers' market at Town Hall and it was agreed that there were many issues related to such an event and this matter would be investigated. 9.11 Benefit for Griffin House MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve a $100 donation (benefactor ticket to the 10/2/94 event at the Shumate Estate) to the Griffin House. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Designation of the Puri/Shumate House as an Historic Landmark and authorization for the Town to enter into an historic preservation agreement with Ajay and Elizabeth Webster Puri, 12775 Viscaino Road -- Resolutions # September 7, 1994 ` Council asked for clarification of what structures on this property were historical and also inquired about the tax implications. Council also commented on the significance of opening such an historical home for charitable events as a method of sharing said history. Lisa Puri, applicant, explained that the entire property was historical and they were requesting that the entire property be designated an historical landmark. Guy Blase, applicant's attorney, referred to legislation, similar to the Williamson Act, which encouraged restoration of historical properties. There was a reassessment of such properties and there was a significant tax break but the restoration of such historical sites was thought important to support. Mr. Blase also noted that such historical sites were inspected on a regular basis. Ajay Puri, applicant, stated that it was their intent to support charitable groups especially those concerning historic preservation. He noted that they had an event scheduled at their home on October 2nd for the Griffin House. Mr. Puri supported Council's request for a letter stating they would open their home for charitable events. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #67-94 designating the Puri/Shumate Property an Historic Landmark, 12775 Viscaino Road MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution #68-94 approving and authorizing execution of agreement between the Town of Los Altos Hills and Elizabeth Webster Puri and Ajay K. Puri. 11.2 Request for approval of a negative declaration and tentative snap for a three -lot subdivision, Lands of Vucinich, 13826 Page Mill Road The City Engineer referred to his staff report dated 9/7/94 which included the following description of the proposed storm drain design: "A new pipe will connect to the existing pipe outlet on the Anderson property (above the Chown property) to carry the water (underground) to the Vucinich property. A shallow swale will also be constructed on the Chown property along the alignment of the pipe to pick up the surface flow from the slope below the Young and Anderson properties. A service road will follow the pipe alignment to provide maintenance access. Beginning at the upstream edge of the Vucinich property, the water will flow on the surface of the swale. Areas of erosion will be repaired and the swale will be protected with small diameter rock or fabric. The water will cross the Vucinich property in this existing swale with the exception of the driveway crossings where it will flow through a restricted pipe. The restriction will delay the water somewhat to help counteract the increase in velocity of the water of the creek caused by the pipes. September 7, 1994 Below the Vucinich property the water will again enter into a pipe and remain in a pipe until it enters Matadero Creek. The pipe is proposed on the north side of Moon Lane to avoid crossing Moon Lane and to avoid some mature trees on the south side of the pavement. A lateral pipe will be extended to the upstream side of the Bavor driveway where a catch basin will be installed to pick up the water that previously flowed through their driveway culvert." Connie Vucinich Furlong, applicant, commented that they had owned this property for over 35 years and they had always been sensitive to the needs of the neighbors. She noted that this had been an extremely lengthy process and did not agree with delaying their plans to resolve the drainage issue. Mr. Sheldon, 27811 Saddle Court, expressed his concerns about paying for this drainage system. He believed it was a problem throughout the Town. Tim Chown, 13822 Page Mill, did not believe this issue should be connected to the Vucinich subdivision nor did he support the road going through his property. Mr. Chown believed this drainage problem was the Town's and not the residents' responsibility. David Ewald,13830 Page Mill Road and John Hughes, 27800 Saddle Court, commented that they needed more time to review the proposed plan. Drew Anderson, 27820 Saddle Court, asked for clarification of the storm drain easement on their property and Nancy Bavor, 13816 Page Mill, commented that she was in favor of the proposed plan. Allan Huntzinger, applicant's civil engineer, commented that he was hoping the drainage issue would be separated from the subdivision application so they could proceed. He also commented that he had not been given an opportunity to review the drainage plans provided by Wilsey and Ham. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to direct the City Engineer to meet with the applicant and the neighbors to review the drainage design presented at this Council meeting and to explore options of cost sharing for these storm drainage improvements. Council further directed that the Vucinich application for a three -lot subdivision be continued to December 7,1994 or as soon as possible to allow for resolution of the cost sharing issue, revision of the negative declaration, and a public hearing on the negative declaration and the revised tentative map at Planning Commission. A sub -committee of the Council (Hubbard and Siegel) was appointed to discuss the cost sharing options with the residents. The specific purpose of this sub -committee was to determine a final drainage plan, to find an equitable way of paying for it and to bring it back to Council. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to go past the 10:30 p.m. hour of adjournment. k September 7. 1994 11.3 Request from Bullis Purissima School for the funding of crossing guard services and installation of stop signs at the intersection of West Edith and Fremont Jill Gilliland, Vice -President - Bullis PTA; Kathi Lerch, 13631 Burke Road; George Manthey, Principal - Bullis Purissima School; Jackie Sigua, 13440 Fremont Road; Adele Behn, 25275 Cantata Way; and Tom Angelo, 25435 Fremont Road each addressed the Council in support of a three-way stop at Fremont and Edith. They commented on the number of accidents at this intersection and the importance of safety of the children. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to direct the City Attorney to prepare a resolution for adoption at the next meeting designating the intersection of Fremont and Edith a three-way stop intersection and to direct the Director of Public Works to a) install "Caution - Children Crossing" signs on Edith and Fremont; b) install pathways signs directing children to Bullis School from the Robleda area via the pathway from Orchard Hill Lane and Templeton Place; c) write a letter with a map attached to be distributed at Bullis School informing parents of these alternative routes; and d) keep brush and vegetation cleared from this intersection to facilitate visibility. Council would continue to monitor this intersection to determine if additional steps needed consideration. 11.4 Request for approval of a site development permit for a new residence and pool, Lands of Chen, 27765 Lupine Road Mr. Chen, applicant, explained to the Council how they had done their best to address the concerns raised regarding their application. They had relocated the garage, re-sited the house, eliminated the retaining wall and lowered the house. Ken Pastrof, Land Analysis Associates, had a slide presentation which emphasized the changes addressed by Mr. Chen. The slides showed the house moved and lowered, the 220' setback, the grading plan which included the elimination of the second garage, the one-story appearance of the house; and the opportunity for more landscaping. Mrs. Chen, applicant, distributed a handout which compared their application to a recently approved home on their street. While their home was well within the allowed regulations and they had complied with the Town's ordinances, the other home was practically to the maximum development allowed with much smaller setbacks. She found it interesting that none of the neighbors had complained about the other house. September 7, 1994 10 The following residents addressed the Council stating their opposition to the Chen application: Michelle Harrison, 13490 Page Mill, Ed Stewart, 27850 Lupine Road, Mark Harrison, 13490 Page Mill, Al Harris, 27745 Lupine, Sharyn Brown, 27673 Lupine, Mrs. Silins, 27693 Lupine, June Dean, 27677 Lupine, Nancy Couperus, 13680 Page Mill, Mark Betz, 27751 Lupine, John Dukes, 27783 Lupine, Joanna Conti, 27771 Lupine. They raised the issues of the rural character of the neighborhood and specifically expressed concern about the size of the proposed house which they did not feel fit into the neighborhood at all. The following residents addressed the Council stating their support of the Chen project: Bill Sun, 12444 Robleda, Patrick Ng, 12700 Leander, Betty Ng, 12700 Leander, Mr. Chung, 12800 Camino Medio and Bobby Chao, 27875 Fawn Creek. They noted that the Chens had complied with the Town's ordinances and had worked hard to address the concerns of the neighbors. If the Chens wanted a large home and they were within the regulations, they believed they had the right to have one. Jitze Couperus, 13680 Page Mill, stated that he had mixed feelings regarding this application. While several of the changes made were quite good, he still believed the house was just too large for the neighborhood. Kim Fung, 14297 Saddle Mountain, believed that applicants should adapt themselves to neighborhoods not try to change them. Pong Ng, architect, presented an aerial overview of the proposed house and its relationship to the neighbors. Siegel supported large homes on large lots but not pushing the development limits. He thought this house just too large for this lot even though it was two acres. Siegel believed the house should be stepped down and should be one story. Hubbard stated that he thought this a difficult issue. The Town did not have a limit on the size of homes (assuming they were in conformance with the regulations) and while he was sensitive to the neighbors' concerns, he had to note that the applicant had made changes to address these concerns. Tryon also commented on the fact that there was not a limit on the size of homes (assuming they were in conformance with the regulations) and she was quite concerned about fairness and sensitivity. In the past residents had made it quite clear that they did not want limitations placed on the size of homes. Thus if it was done for one, it seemed it should apply to all. Tryon noted that the applicant had reduced the height, the setback was 220 square feet, the maximum floor area was reduced and the proposed development was 16,125' of an allowed 25,000+. Johnson noted that land use decisions should be based on the land. He believed if the guidelines had been followed this house would have been better designed. However, he found it difficult to accept the September 7, 1994 11 approval of a house on the same street without accepting this one. He had sworn to uphold the laws. Dauber recommended continuing this application. She believed some constructive changes had been made to the project but more could be done. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed by the following roll call vote to direct staff to return at the 9/21/94 Council meeting with findings to approve a site development permit for a new residence and pool, Lands of Chen, 27765 Lupine Road, subject to the conditions of approval as recommended by the Planning Commission and amended by Council. One specific condition that was added was that the color of the house and the roof would be from the third or fourth palette on the approved color board and that there would be additional landscape screening particularly to replace the pine trees in the front of the property. AYES: Councilmembers Johnson, Hubbard and Tryon NOES: Mayor Dauber and Mayor Pro Tem Siegel Johnson, Hubbard and Tryon believed the findings could be made for this approval. The applicant was within the Town's ordinances, had made several changes to the project to address the neighbors' concerns and had the same rights for his land that the neighbors' had for theirs. 12. CLOSED SESSION: 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 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:45 a.m. in memory of Joseph Dochnahl who recently passed away. Mr. Dochnahl had served as a member of the Planning Commission for many years and had made many contributions to the Town. Respectfully �submitted, Ptricia Dowd" � City Clerk The minutes of the September 7, 1994 City Council Meeting were approved at the September 21, 1994 City Council Meeting. September 7. 1994 12