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HomeMy WebLinkAbout09/21/1994t Minutes of a Regular Meeting 1 w September 21, 1994 Town of Los Altos Hills City Council Meeting Wednesday, September 21, 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 6:05 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; Planner Suzanne c Davis and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Town Standing Committees Council had received three applications for the Community Relations Committee, one for Enviromental Design and Protection, two for Finance and four for Pathways Recreation and Parks. Council had also received a request from Jim Steiner, the Chairman of the Finance Committee, for approval of an increase in this committee's membership from five to six. Presently there were three vancancies on the Community Relations Committee, one vacancy on Environmental Design and Protection, one vacancy on Finance and two vacancies on Pathways Recreation and Parks. Council interviewed the following applicants: Dorothy Price, Roy and Patty Woolsey, Guyton Jinkerson, Arthur Bernstein, Ken Clifford, Tom Griffiths and Sylvia Jensen. Margie Utzinger was not present and Council had received a letter from Betty Rooker stating her interest but noting that she was out of Town and would not be able to attend the meeting. All of the candidates interviewed expressed their interest in the community and their willingness to get involved. \w September 21, 1994 expressed their interest in the community and their willingness to get involved. All had the time to participate in the committees and their charges and all were willing to take their turn as Chairmen. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to increase the membership on the Finance Committee from five to six. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to appoint Dorothy Price and Roy and Patty Woolsey to the Community Relations Committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to appoint Guyton Jinkerson to the Environmental Design and Protection Committee. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to appoint Arthur Bernstein and Ken Clifford to the Finance Committee. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint Tom Griffiths and Sylvia Jensen to the Pathways Recreation and Parks Committee and to appoint Margie Utzinger and Betty Rooker to this committee as associate members. 3. PLANNING COMMISSION REPORT (Commissioner Gottlieb) Commissioner Gottlieb reported that the following applications had been discussed at the Planning Commission's Meeting on 9/14/94: Lands of Chan, 14295 Saddle Mountain Drive: approved request for a Site Development Permit for a new residence; Lands of Farrand, 25731 Deerfield Drive: approved request for a Conditional Development Permit for a minor addition and remodel, and a variance to exceed allowable maximum development area and maximum floor area; Lands of Kim, 12005 Finn Lane: approved request for a Site Development Permit for a new residence and pool and a variance to grade over property lines (lots 5 and 6) and amendment to the tentative map for the Finn Subdivision to modify a condition regarding a side setback for Lot 5; Lands of Finn, 12001 Finn Lane: approved request for approval of a grading plan for Lot 6 in the Finn Subdivision; Lands of Nagpal, 26555 Matadero Creek Lane: continued request for a site development permit for a secondary dwelling unit and new entry for an existing residence; and Lands of Burchard, 2285 Old Page Mill Road: continued request for conditional use permit, site development permit and zoning permit for construction and operation of an September 21, 1994 ` unmanned telecommunications transceiving facility including equipment 40 building and cellular antennas. It was pointed out that as a result of a recently adopted ordinance, the approved Planning Commission items were not on this agenda. They would be on the October 5th agenda with complete background information including staff reports, approved conditions of approval and approved minutes. 4. CONSENT CALENDAR Items Removed: 4.5 (Dauber), 4.6 (Ken Pastrof). Concerning Item 4.4 Tryon commented that the Emergency Preparedness Council recommended adoption of Item 4.4 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: September 7, 1994 4.2 Issued Proclamation: Pollution Prevention Week, September 19-25, 1994 4.3 Accepted agreement for conservation easement, Lands of Sander, 14290 Saddle Mountain Drive -- Reso #69-94 4.4 Approved the Santa Clara County Operational Area Disaster Response and Recovery Organization Interim Agreement -- Reso #70-94 4.7 Awarded Certificates of Appreciation: Shelley Doran, Environmental Design and Protection Committee and Carol Gottlieb, Pathways Recreation and Parks 4.8 Designated the intersection of Fremont Road and Edith Avenue as a three-way stop intersection -- Reso #71-94 Items Removed: 4.5 Award of Contract for Telecommunications Equipment -- Reso #___ Judy Crowley, Office Manager, reported on her evaluation and recommendation of the bids received. Of the four bids received she believed ATT and PacTel Meridian Systems, Inc. offered the best products. Both were compatible and also offered as much training as needed. Crowley's recommendation was to accept the second highest bid from PacTel Meridian Systems, Inc. for the purchase of September 21, 1994 ( telecommunciations equipment including a Norstar telephone system with ar integrated StarTalk Model B voice mail and Moscom AP2000 Call Accounting. In response to a Council inquiry, Crowley noted that the system could be in place in approximately two months. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and passed unanimously to adopt Resolution #72-94 awarding a contract to PacTel Meridian Systems, Inc. for telecommunications equipment in an amount of $24,578 plus tax. 4.6 Approval of findings and conditions approving the Site Development Permit for a new residence and pool, Lands of Chen, 27765 Lupine Ken Pastrof, Land Analysis Associates, commented that they agreed with the conditions of approval but asked if they could draw a grading permit before the building permit. He noted that this project had been going on for some ten months and if they can't move forward quickly now they will have to wait until after the winter season until April. Pong Ng, applicant's architect, addressed the project schedule and reiterated the concerns raised by Mr. Pastrof for starting as soon as possible. Sharyn Brown, 27673 Lupine, referred to the condition on skylights and asked if a smoked type of glass could be required. She also asked where the pool equipment was going to be located and if a 'not a through street' sign could be placed at the end of Lupine. The City Engineer commented that he was concerned about the applicant's request to proceed with grading. He believed this could result in more dirt and two separate grading operations. Also in response to Sharyn Brown, the City Engineer noted that unless a neighbor complained there was generally no problem with installing a 'not a through street' sign. John Dukes, 27783 Lupine, raised a question about the apparent change from three feet to one foot closer to his property on the plans and also asked if planting could take place prior to the grading to help mitigate the grading impact. Mrs. Dukes, 27783 Lupine, commented on the proposed removal of the pine trees and asked if there was any way to keep them. Ken Pastrof, Land Analysis Associates, noted that they would be submitting a landscaping plan and Mr. Chen planned to plant along the side of the property after grading and during framing. September 21, 1994 Pong Ng, architect, responded to Mr. Dukes' comment on the two foot difference by 4 explaining the design of the pop outs and roof design. PASSED BY CONSENUS: To delete the following from the first finding: "Reduced the second floor from 3,688 sq. ft to 4,927 sq. ft." MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to amend conditions of approval 5, 6, 9 and 14 as follows: Condition #5: amend the third sentence to read: "A minimum of eight 24 -inch box trees shall be included on the landscape plan to mitigate any of the pine trees which may be lost." Condition #6: first sentence should read: "Paint colors and roof colors shall be chosen.....; delete the following sentence: "The darker colors are considered to be at least four shades up the palate of colors." Condition #9: delete 9c (A minimum four foot high fence is required.) and amend 9e to read: "The pool shall have a barrier in accordance...." Condition #14: add the following sentence: "The main ridge height of residence will be certified 344' at time of framing." MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed by the following roll call vote to approve findings and conditions approving the Site Development Permit for a new residence and pool, Lands of Chen, 27765 Lupine, as recommended by the Planning Commission and amended by Council. AYES: Councilmembers Hubbard, Johnson and Tryon NOES: Mayor Dauber and Mayor Pro Tem Siegel 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Conflict of Interest Code 1994 Biennial Notice The City Attorney reported that the Political Reform Act required local government agencies to review their conflict of interest codes biannually. The present confict of interest code did need to be amended to include new staff positions. She further noted that an amended conflict of interest code would be brought back for Council approval within 90 days. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND f; COUNCILMEMBERS ON OUTSIDE AGENCIES �r September 21, 1994 `' 8. STAFF REPORTS 8.1 City Manager 8.1.1 Consideration of cancelling December 21, 1994 City Council Meeting MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to cancel the December 21, 1994 City Council Meeting. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 9/14/94 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 Dauber, seconded by Tryon and passed unanimously to appoint Ray Rooker as the Town's representative to the Santa Clara County Housing and Community Development Citizens' Advisory Committee 9.2 Comment on ABAG's Proposals for Constitutional Revisions (Councilmember Tryon) Tryon referred to the proposals for constitutional revisions made by ABAG and asked Council to let her know if they had any comments. Suggestions were made for length of terms (6 year terms for Senators and 4 year terms for Assemblymembers) so that entire terms were not spent campaigning and raising money for the next and for any legislation imposed on cities such as the Brown Act to also be applicable to the State. 9.3 "In -lieu pathway fees" (Mayor Pro Tem Siegel) Siegel referred to his memo on in -lieu pathway fees. He noted that it was his understanding that the Town's policy was that every lot should be responsible for the pathway system. However it appeared that the Town's Code limited dedication requirements to undeveloped lots. Siegel believed the Town should be able to September 21, 1994 require path dedications and improvements or in lieu fees not only on new residences but also on major remodels. PASSED BY CONSENSUS: To refer Siegel's report on in lieu pathways fees to the City Attorney and Planning Director for review and comment and a report back to the Council. 9.4 Safety Committee (Councilmember Tryon) Tryon reported that the Safety Committee had held a meeting of the Neighborhood Coordinators on September 20th and it had been very well attended. The Safety Committee was also working on an update of the Emergency Handbook and she suggested that the Safety Committee be thanked for their accomplishments. Tryon did inquire about the Disaster Council and was advised it had last met in June. Dauber suggested that the two meetings of this committee be scheduled for January and July (rather than June because the new Mayor would have been appointed). 9.5 Congestion Management Agency (Councilmember Tryon) Tryon reported on recent meetings of the Congestion Management Agency and on certain requests made by Mountain View for changes in representation. It was agreed that no such changes in representation would be made at this time. 9.6 Fire District (Mayor Pro Tem Siegel) Siegel referred to the letter the Los Altos County Fire Protection District Commissioners had received from Les Jones concerning Byrne Preserve. Siegel noted that a committee would be established to look into this issue. He also stated that he would look into a joint meeting between the Town and the Los Altos County Fire Protection District possibly some time in November. 9.7 Bellucci Property - Fire Incident (Councilmember Tryon) Tryon asked for a report on the fire incident on the Bellucci property. The City Manager reported that the no trespassing signs had been posted, the area had been fenced and the property was being adequately patrolled. Tryon asked for a written report on this issue including the reports from the Fire Department and Sheriff's Department. 9.6 Bellucci Subdivision (Mayor Pro Tem Siegel) September 21, 1994 Siegel asked for an update on the Bellucci Subdivision. The City Engineer responded that there were several new owners who would be responsible for doing the improvements and a meeting was scheduled with the bonding company. 9.9 Community Development Block Grant Funds (Mayor Pro Tem Siegel) Siegel stated that he wanted to see a monthly report on the status of the project approved for CDBG funds by the Council. 9.10 Letters from the Mayor It was agreed that the Mayor would sent a congratulatory letter to Roger Burnell for his committee's work on the recent Town Newsletter which was excellent and would also sent a letter welcoming the Interim Los Altos Fire Chief, Mike Harwood. 9.11 Foothill College (Mayor Dauber) Council concurred that if the Mayor wished to attend the dinner honoring the new President of Foothill College the Town would pay the cost. 9.12 Council Correspondence (Mayor Dauber) Dauber asked and Council concurred that the issue of the Council Correspondence Policy be modified to include Standing Committees and be brought back to Council for approval. 9.13 Highway 85 (Councilmember Tryon) Tryon noted that the celebration for the opening of Highway 85 was scheduled for October 15 with the official dedication ceremonies scheduled for October 19th. She commented this project had taken a long time and a lot of hard work but it had been completed on time and under budget. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Appeal of Planning Commission's denial of request for a modification to a Site Development Permit and Variance for a deck addition which would encroach into a required setback, Lands of Medina, 26501 Purissima Road September 21, 1994 Don Martin, applicant's designer, noted that they had understood that this deck could go in the side setback. They had submitted a plan to the Town on a Thursday, had received staff approval for the project and had completed the project over the weekend. On Monday they had been advised that this was not allowed and they would need to apply for a variance. In response to an inquiry from Council, Mr. Martin noted that there had not been a stop work order issued because the project had been done when they received the call on Monday. Mr. Martin referred to the size of the present home and the configuration of the lot. Hugh March, 13101 La Paloma, stated that he was delighted with the deck. It had broken up what was a blank, flat wall from his perspective. Dauber commented that quite a few changes had been made to this house since the original variance had been granted. She believed decks to be quite noisy in setbacks and believed the Town should be consistent in its regulations. Johnson supported the project noting the uniqueness of the lot and the aesthetically pleasing improvement of the deck. Hubbard suggested that more discretion should be given to staff for projects of this size and noted that he would be interested in a proposal from staff on this suggestion. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed by the following roll call vote to approve a modification to a Site Development Permit and Variance for a deck addition which would encroach into a required setback, Lands of Medina, 26501 Purissima Road based on the following findings as required by Section 10-1.1107(2) of the Zoning Ordinance: minimal size of existing home, minimal use of maximum floor area and maximum development area, unusual configuration of lot and no concerns raised by any of the neighbors. AYES: Councilmembers Hubbard, Johnson, Siegel and Tryon NOES: Mayor Dauber 11.2 Adoption of revised Household Hazardous Waste Element and Source Reduction and Recycling Element of the General Plan -- Redo #_ Amy Aiken, Recycling Coordinator - Los Altos Garbage Company, gave Council a status report on this project and welcomed any comments they had on these elements. She did comment that certain aspects of this project were difficult to project because of pending legislation. Aiken further reported that she would be bringing the Non -Disposal Facility Element to Council at a later date. Dauber commented on the large amount of composting that was done in the Town and believed the Town should get credit for this and it should be included in the report. Siegel reported that he had gone through these elements and made several September 21, 1994 L changes which were mostly deletions. In his opinion many sections of these 10 elements did not apply to the Town and if adopted the Town would have major difficulties in enforcing these requirements. He did not believe the whole concept was equitable; the regulations were the same for a city such as Los Angeles as well as Los Altos Hills. Dauber also had made changes which she would submit in writing to staff. Dauber also stated that she would be bringing back to Council a draft letter stating her concerns for the huge funding for this project which she believed to be quite wasteful. Les Earnest, 12769 Dianne Drive, commented that his son had been a City Manager in Alaska and the only way they could deal with their recycling was to fly it in or out. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the preliminary drafts of the Household Hazardous Waste Element and Source Reduction and Recycling Element of the General Plan including comments submitted in writing to staff to be included and to direct staff to bring the final revisions to the November 16, 1994 Council Meeting for approval. 12. CLOSED SESSION: 12a) 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 12b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR -- GOVERNMENT CODE SECTION 54956.8 Property: Negotiating Parties: Under Negotiation: 27677 Lupine Road Town and June Dean Easement Terms 12c) PERSONNEL: PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Public Employee Performance Evalution -- Director of Public Works Public Employee Performance Evaluation -- City Manager kir September 21, 1994 10 L There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:40 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 21, 1994 City Council Meeting were approved at the October 5, 1994 City Council Meeting. September 21, 1994