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HomeMy WebLinkAbout05/05/1993 (2)Minutes of a Regular Meeting May 5,1993 Town of Los Altos Hills City Council Meeting Wednesday, May 5, 1993, 6:00 P.M. Council Chambers 26379 Fremont Road 1. CALL TO ORDER ROLL CALL AND PLEDGE OF ALLEGIANCE Mayor Tryon called the Regular Meeting of the City Council to order at 6:10 p.m. in the Council Chambers at Town Hall. Present: Mayor Tryon and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson, Town Planner Linda Niles and City Clerk Pat Dowd Press: Bill Kisliuk, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Community Development Block Grant Citizen's Advisory Committee (CDBG) No action was taken on this item. Council agreed to reagendize at a later date if an application was received for this committee. 3. PLANNING COMMISSION REPORT Planning Commissioner Dot Schreiner reported that in addition to the Raffetto, Reddy and Fung applications which were on the Council's consent calendar, the Commission discussed the following issues at their 4/28/93 meeting: housing element - State requirements and agreed to include maps on buildable lots, proximity to grocery stores and pathway system; timetable for review of General Plan; and display of farm equipment at Heritage House. May 5, 1993 Regular City Council Meeting Dauber addressed the Reddy application for a site development permit for a new residence and pool and asked the City Engineer if he believed the conditions addressed the issue of drainage. He noted that he had adequate authority in the conditions. Dauber also expressed her concerns about the safety of the driveway and asked if a car could turn around at the end of the drive. The City Engineer responded that a car would be able to do this with a minor modification to the turnaround area which would be required. Dauber also asked that the Council receive copies of all staff reports prepared on an application they have on the Consent Calendar so they have all the information available on a project they are deciding whether or not to review. 4. CONSENT CALENDAR Item Removed: 4.1 - 4/21/93 Regular Meeting Minutes (Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: April 21, 1993 (Adjourned Regular) April 23, 1993 (Adjourned Regular) 4.2 Approved Warrants: $53,192.73 (April 30, 1993) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on April 28,1993: 4.3a Lands of Raffetto, 14380 Manuella Road: approved request for a site development permit for a garage, cabana (secondary unit), tennis court, pool, conceptual landscape plan and driveway relocation plan 4.3b Lands of Reddy, 11011 Magdalena Road: approved request for a site development permit for a new residence and swimming pool 4.3c Lands of Fung, 12585 Miraloma Way: approved request for a site development permit for a new residence 4.4 Issued Proclamation: Honoring Robert Reed on his appointment as the Postmaster of Los Altos 4.5 Accepted dedication of easement for pathway, Lands of Sherlock, 27261 Sherlock Road -- Reso #31-93 4.6 Accepted irrevocable offer of dedication of right of way, Lands of %, May 5, 1993 Regular City Council Meeting Sherlock, 27261 Sherlock Road -- Reso #32-93 4.7 Approved vacation of existing street right of way, Lands of Sherlock, 27621 Sherlock Road -- Reso #33-93 Item Removed: 4.1 Approval of Minutes: April 21, 1993 (Regular Meeting) PASSED BY CONSENSUS: To continue approval of the April 21, 1993 Regular City Council Meeting Minutes to the next Council Meeting. 5. UNFINISHED BUSINESS 5.1 Adoption of Ordinance Amending Chapter 3 of Title 6 regarding solid waste (SECOND READING) Council discussed the proposed ordinance and requested clarification on Section 6- 3.03 regarding exemptions grandfathered, Section 6-3.06 on the frequency of disposal and Section 6-3.11 concerning disposal of explosive or hazardous material restrictions. Dauber raised the issue of the dumpster on Rhus Ridge noting that the garbage trucks did not go up that street and asked if the residents there paid the base rate. The City Manager responded that they would be required to pay the base rate for one can and Council asked the City Manager to find out how the Los Altos Garbage Company was handling the Rhus Ridge dumpster. Jean Struthers, 13690 Robleda, asked if there was a provision for exempting those on extended vacations and was advised that this was being worked on with the Los Altos Garbage Company. PASSED BY CONSENSUS: To continue the second reading of the ordinance amending Chapter 3 of Title 6 regarding solid waste to the next meeting to allow for clarification of the ordinance sections discussed by Council. 5.2 Site Development for Phase I of the Farm Equipment Display Project at the Heritage House for a fence and gravel area location Scott Ellinger, applicant, presented two alternative drawings to the Council for the location of the farm equipment. One was on the side of the patio of the Heritage House and the other was on the Fremont Road side. He further noted that if fencing was considered for each piece of equipment this would double the cost of the project. May 5, 1993 Regular City Council Meeting Rosemary Meyerott, Town Historian, referred to the ad hoc committee formed in 1983 (The Apricot Alliance) to work on the placement of historical farm equipment at the the Heritage House. She did not agree with placing the equipment by the patio as she believed it was too crowded there. Mrs. Meyerott supported placing it on the Fremont Road side as there was a flat pad which was weed free. Jean Struthers, member - Environmental Design and Protection Committee, noted that she and Mary Stutz had both served on the committee on landscaping this equipment many years ago and she believed there was a landscape plan on file at Town Hall. She noted that at that time it was discussed that the shed would go in the back of the property. Mrs. Struthers further commented that there were underground utility lines which needed to be marked. While Mrs. Struthers believed Scott Ellinger had good intentions, she questioned whether there was enough lead time for this project. Mary Stutz, Planning Commissioner, commented that the original plans called for the shed to be by the walnut tree. She believed the placement of the equipment by the side of the patio would work but suggested that the equipment should be placed up by the walnut tree. Mrs. Stutz further commented that there had been no vandalism to the historic equipment placed in front of Town Hall. Dauber was advised that the path had been located and Hubbard thanked Scott Ettinger for all of his work on this project. Tryon also referred back to the work done by the Apricot Alliance on this very same project many years ago. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed by the following roll call vote to approve the display of the farm equipment at the Heritage House by the side of the patio with a single split rail fence around the entire display. AYES: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel NOES: Councilmember Dauber 5.3 Adobe Creek Estates Subdivision, Creek Issues: Lands of Bellucci, Moody Road Council had before them the Director of Public Works staff report which noted that the applicant, Mr. Bellucci, requested that he be allowed to replace a portion of the rock lining in the creek with broken concrete which would substantially lower the construction costs of the creek. Staff requested Council direction on whether broken concrete would be an acceptable material for erosion protection on the creek banks. May 5, 1993 Regular City Council Meeting FW Joe Pillings, applicant's contractor, noted that this project had been going on for several years. He had read the conditions from the Santa Clara Valley Water District and was addressing the Council to ascertain if broken concrete was an appropriate alternative. He explained the concrete would be covered and no flat slabs of concrete would be used. Scott Wilson, Santa Clara Valley Water District, noted that Mr. Bellucci and his contractor had come to them with their proposal for using broken concrete and in their opinion this alternative would work. However, regarding the discussion of layering with concrete used on the floor of the creek he did not believe this was in conformance with the approved conditions from the Water District. Jean Struthers, member Environmental Design and Protection Committee, noted that she did believe if hard rains came the dirt would wash off the concrete. In addition she commented on the use of rock for the bottom layer with concrete on top and dirt and plantings. Mrs. Struthers also asked if the Water District allowed random rocks in the creek which in her opinion would result in prettier, meandering creeks. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to delay a vote on the creek issues for the Adobe Creek Estates `r Subdivision until the next meeting to allow all Councilmembers the opportunity to see the proposed materials. It was also noted that the applicant/contractor should submit plans of this project with proposed use of materials to the City Engineer for his review and recommendation. Mayor Tryon left the Council Meeting at 9:25 p.m. 6. NEW BUSINESS 6.1 Request from Tom Harrington, 12100 Hilltop Drive, for reimbursement of certain fees concerning lot line adjustment and request for extension of site approval At the applicant's request, this item was continued to the next Council Meeting. 6.2 Request for authorization to purchase two fax machines to facilitate Council communication with Town Hall Council had received an alternative recommendation from the City Manager which was that the Council consider purchasing one fax machine for loan to each Mayor May 5, 1993 Regular City Council Meeting during his/her term as Mayor. If the Mayor had a fax, the Town's fax would be available for loan to other Councilmembers. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed by the following roll call vote to authorize the purchase of one fax machine for $500. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: None ABSENT: Mayor Tryon 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Quarry Sub -Committee Siegel reported that there had been three meetings on this subject since the last Council Meeting. On April 23rd Supervisor McKenna, John Vidovich, John Gibbs (Supervisor McKenna's office), Norm Matteoni (John Vidovich's attorney) and the Council subcommittee (Dauber and Siegel) had met. Three issues were discussed (eight hillside lots, creeks and lakes and Magdalena connection to Stonebrook) and the development of steps that will have to be taken by the Town. On April 29th the Town Planner and the Council subcommttee had hiked the quarry with John Vidovich. They discussed Silver Creek which was the name for the drainage channel running along Stonebrook. It was also noted that Mr. Vidovich had accepted the location of the creek but the Department of Fish and Game and Flood Control needed to be contacted. In addition the Director of Public Works noted that he had attended a meeting at which the estimated timetable for the review of the eight hillside lots was discussed. The Town Geologist, William Cotton, had not received any information from Mr. Vidovich so this issue was on hold. Mr. Vidovich had agreed to extending his hearing before the County and his attorney would be requesting a continuation to the end of June. Regular meetings of the subcommittee on the quarry were scheduled for Friday mornings at 8:30 a.m. with agendas and attendance to be determined by the Town. On the subject of finances it was noted that John Vidovich agreed to reimburse the Town $10,000 for staff and consultant time. It was further noted that while the usual procedure at Town Hall was for the deposit to be received at the beginning, in this case Mr. Vidovich would be billed for staff and consultant time. It was further noted that if the charges exceeded $10,000 work on the project would stop until Mr. Vidovich authorized more funds. The subject of truck traffic was also discussed. Several residents along Stonebrook had complained and Mr. Vidovich was urged to use water to keep the dust down and also to write a May 5, 1993 Regular City Council Meeting letter to the neighbors informing them of the timeframe of the project �I• involving the trucks. PASSED BY CONSENSUS: To approve the following billing procedure for the quarry lands: while the usual procedure at Town Hall was for the deposit to be received at the beginning, in this case Mr. Vidovich would be billed for staff and consultant time. It was further noted that if the charges exceeded $10,000 work on the project would stop until Mr. Vidovich authorized more funds. (Mayor Tryon was not present for this vote.) 7.2 Planning Issues Sub -Committee 7.2.1 Report on Code Amendment/Interpretation Regarding Basements PASSED BY CONSENSUS: To continue this item to the next Council Meeting. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Review and approval of job description for Assistant Planner PASSED BY CONSENSUS: To note that the new positions of Assistant Planner `r and Engineering Technician will not receive the cost of living if it is approved in July. Siegel also inquired about the billing process and asked how the City Manager planned to deal with this. Presently the billing was done by consultants but he believed it would be an additional burden to staff. It was noted that the new employees and Town Planner and Director of Public Works/City Engineer would prepare the billing and forward it to the City Treasurer. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to approve the job description for Assistant Planner. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: None ABSENT: Mayor Tryon 8.1.2 General Plan Update Schedule May 5, 1993 Regular City Council Meeting Lw PASSED BY CONSENSUS: To direct staff to begin the public hearing process for those elements of the General Plan that the Planning Commission has already reviewed and completed and to further direct the City Manager to review and comment on the Household Hazardous Waste Element. 8.1.3 Signing for Heritage Trees The City Manager reported that he had received an estimate for 6" by 8" bronze plaques mounted on redwood posts at 5300 each. If Council decided to proceed with this project, it would be necessary to choose the wording for the plaques and how many should be ordered. Jean Struthers, member - Environmental Design and Protection Committee, commented that post holes were not good for oak trees and she also suggested the signs be numbered and a master list of heritage trees be kept at Town Hall. Council discussed the cost and materials (use of bronze) of this project and determined that not only was bronze not appropriate but also the cost could not be justified in these financially difficult times. Council did �w agree, however, that the Heritage Tree at Town Hall should have a wooden sign to be selected by Mayor Pro Tem Johnson and the City Manager. 8.1.4 Clarification of Policy regarding meals provided for Planning Commission Meetings MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to approve the policy for both Council and Planning Commission that if their meetings began prior to 6:00 p.m., dinner would be provided by the Town. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: None ABSENT: Mayor Tryon 8.1.5 Driveway Roughening Project The City Manager reported that several of the residents who were having their driveways roughened were not cooperating with the contractor doing this project. It May 5, 1993 Regular City Council Meeting 4 was noted that they had been notified twice of this project and the Town intended to complete this work. 8.1.6 Animal Control The City Manager reported that the County was going to be discontinuing animal control services and a proposal should be forthcoming from the Humane Society. 8.1.7 Sheriff's Contract The City Manager reported that Sheriff's costs would be $25,000 over budget due to the rash of burglaries in the Town. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated April 29, 1993 9. COUNCIL -INITIATED ITEMS 9.1 Memorial to Wallace Stegner (Councilmember Dauber) �w Dauber referred to the memorial the Town was discussing in memory of Wallace Stegner. She referred to a tree house referred to in one of his books and commented that she knew the oak where this tree house was located. Perhaps the Town could designate this oak tree a heritage tree and dedicate it in Mr. Stegner's honor. It was agreed Councilmember Dauber would look into this. 9.2 Hau property on Edith (Councilmember Dauber) Dauber noted that the Hau property on Edith was going up for auction and she suggested getting a packet of information which was available on the property. 9.3 Adobe Creek Subcommittee (Councilmember Dauber) Dauber noted that a representative from the Santa Clara Valley Water District was going to be present at their next meeting on May 10th. Questions to be asked included checking the numbers on the 100 year flood, moving the creek bed into the vacant Hau property and looking at possibility of creek holding 20 year flood and conservation easements used for more. Siegel noted they should also look at the budget. 9.4 Santa Clara County Cities Association (Mayor Pro Tem Johnson) May 5, 1993 Regular City Council Meeting Johnson referred to a meeting scheduled by the Santa Clara County Cities Association on the subject of compensation and it was noted that the City Manager planned to attend this meeting. 10. PRESENTATIONS FROM THE FLOOR Luis Yanez, Los Altos, addressed the Council and requested that his plans to build a home in Los Altos Hills be approved under the interpretation for calculation of basement floor area in place prior to the March 3, 1933 City Council Meeting. Mr. Yanez presented an outline of the status of his application. PASSED BY CONSENSUS: To agendize Mr. Yanez' request for the June 2, 1993 City Council Meeting. 11. PUBLIC HEARINGS 11.1 Request for a tentative map for a two lot subdivision, Lands of Merrill, 25355 La Loma Drive A request has been filed by neighboring property owners that this item be delayed. The Council will consider this request at this meeting. Council discussed whether or not to continue the public hearing on this issue. The applicant noted that two of the three neighbors who had indicated they would be out of town were present at this meeting and he noted that he would be out of town from the middle of May to the fall on business. He urged Council to hold the public hearing at this meeting. Council discussed opening the public hearing at this meeting and continuing it to the next meeting to allow the applicant to address issues raised by Council, staff and the neighbors. MOTION MADE AND NOT SECONDED: Moved by Johnson to hold the public hearing on Lands of Merrill at this meeting. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to open the public hearing on Lands of Merrill at this meeting and to continue it to the May 21st meeting for further discussion. AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Pro Tem Johnson Jerry Clements, applicant's engineer, noted that their last tentative map application had been denied without prejudice. Since that time he believed they had addressed the concerns about the building circle, connection to sewer on La Loma and extent of May 5, 1993 Regular City Council Meeting 10 driveway cutting through upper lot. He also commented that the building site faced the preserve and was not visible from neighbors' lots. Alan Dale, 25274 La Loma Drive, stated his concerns about the traffic situation. He stated that the barn was not be used as a barn but rather as a recreational building and there had been as many as twelve cars parked there. Mr. Dale also saw no signs of the path which was supposed to go to the preserve. Charles Pack, 25303 La Loma Drive, concurred with the comments made by Mr. Dale on the traffic and pathway issues. Carol Gottlieb, Chairman - Pathways, Recreation and Parks Committee, referred to the map submitted by the applicant and noted that the path was shown as abandoned but it had not been. The path could be built in the present location and neighbors had offered to build it. She suggested bringing the path along the road which had a natural shelf on the right and had natural contours. Cristen Vanchieri, 25333 La Loma Drive, believed the first step should be consideration of annexation. She noted that Mr. Merrill had built in the County but now wanted to annex to the Town for what she believed were material reasons. She did not think this was the correct way to become a part of the Town. Lavinia Cooke, 25362 La Loma Drive, stated her opposition to the annexation of the Merrill land to the Town. She noted that La Loma was a narrow road and could not handle more traffic and this request appeared to be for the financial gain of the applicant. Jim Hoffman, 25124 La Loma Drive, commented that he and his wife had lived in the Town for twenty years and since the Merrills had built on their property access to the open space had become difficult, in part due to brush not being cleared away and the planting of the lawn. Kieth Merrill, applicant, noted that the structures on his property were in compliance with County regulations, including the barn. It was an arts barn, was shown on the plans as such, was inspected by the County and was an appropriate use under County rules. If annexed to the Town, of course, they would be required to get a conditional use permit for the barn and he believed the current use of the barn did qualify as an appropriate use for a conditional use permit. He would ask that the issue of the conditional use permit be handled before the annexation application. In response to an inquiry from Council, Mr. Merrill explained that it was a non-profit educational foundation including performing groups for youths. May 5, 1993 Regular City Council Meeting 11 �hr The arts workshops met twice a week (Thursday nights for about 24 youths and Saturdays for about 50-60 youths). On the subject of the path, Mr. Merrill noted that the path abandonment had been an oversight on the plans. He further commented that there was an adequate existing easement which had been walked by the Pathways, Recreation and Parks Committee. He added that the path was not constructed therefore people did not use it. Presently they were going through their front yard which they did not complain about but he agreed the path needed to be fixed. Regarding traffic and the number of cars at the barn, Mr. Merrill noted that he and his wife had seven children, grandchildren and in-laws which resulted in six of the cars belonging to his family. Siegel stated that now was the time for the Town to figure out where the pathway should be located. He also believed the proposed house size of 7,000 square feet was too big. On the subject of the conditional use permit, Siegel commented that if the barn was subject to a conditional use permit in the Town it would be the only opportunity to apply certain restrictions to the facility. As it was now, the Town had no jurisdiction over the activities held at the barn. Hubbard stated the concerns expressed by the neighbors on the path issue. Dauber asked if the applicant would be willing to give up his barn as part of the subdivision approval and Mr. Merrill responded that he would or would be willing to conform to the conditional use permit, if granted. 12. ADTOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:25 p.m. R jl Patricia Dowd City Clerk The minutes of the May 5, 1993 Regular City Council Meeting were approved at the May 19, 1993 Regular City Council Meeting. 12 May 5, 1993 Regular City Council Meeting