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HomeMy WebLinkAbout05/19/1993 (2)Minutes of a Regular Meeting May 19,1993 Town of Los Altos Hills City Council Meeting Wednesday, May 19, 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: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Cheng reported that in addition to the Lands of Leung which was on the Council's Consent Calendar, the Planning Commission had also discussed the following at their meeting on the 12th: Lands of Carse, 27125 Taaffe Road - site development permit approved for a landscape, hardscape, pool, spa and fence plan; Lands of Lee, 26459 Taaffe Lane - request for a Site Development Permit for a new residence and driveway relocation - continued for redesign; and continued discussion of the Housing Element. 4. CONSENT CALENDAR: Items Removed: Item 4.1 (Tryon) May 19, 1993 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $24,963.17 (5/6/93) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on May 12,1992: 4.3a Lands of Leung, 25386 La Loma Drive: approved request for a Site Development Permit for a remodel, addition and driveway modification 4.4 Awarded Certificate of Appreciation: Theresa McDaniel - Environmental Design and Protection Committee Items Removed: 4.1 Approval of Minutes: April 21, 1993 (Regular Meeting) May 5, 1993 (Adjourned Regular Meeting) May 5, 1993 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and passed unanimously to approve the April 21, 1993 Council Minutes with the following corrections: page 2, Item 3, seventh sentence should read: "On the subject of the path it was noted that the path which was ten feet wide next to the existing path was approved as recommended by the Planning Commission; however, staff would clarify this with the applicant."; and page 4, first sentence, correct the spelling of Councilmember Siegel's name. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the minutes of the May 5th Adjourned Regular City Council Meeting with the following correction: page 2, third paragraph, last sentence should read: ".....not just in preserve areas." MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to approve the minutes of the May 5th Regular City Council Meeting with the following changes: page 2, first paragraph, second sentence should read: "He noted that he had adequate authority in the conditions." and fourth sentence should read: "....minor modification to the turnaround area which would be required." On page 11, fifth paragraph, the first sentence should read: "....first step should be consideration of annexation." May 19, 1993 Regular City Council Meeting 5. UNFINISHED BUSINESS 5.1 Adoption of Ordinance Amending Chapter 3 of Title 6 regarding solid waste (SECOND READING) (continued from last meeting) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to approve negative declaration. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to waive further reading and adopt Ordinance #363 amending Chapter 3 of Title 6 regarding solid waste. 5.2 Abode Creek Estates Subdivision, Creek Issues: Lands of Bellucci, Moody Road (continued from last meeting) Council discussed whether the broken concrete would be an acceptable material for erosion protection on the creek banks. Joe Pillings, applicant's contractor, submitted a diagram of his design for the use of materials for the creek and noted that he had discussed this plan with the Santa Clara Valley Water District. The Director of Public Works had reviewed this design and made some modifications. Jean Struthers, 13690 Robleda Road, stated her concerns with the placement of the rocks. She believed the Environmental Design and Protection Committee should get to review the landscape plan. Council asked that Mrs. Struthers visit the site and work with staff on this issue. Mrs. Struthers agreed with this request. Dick Oliver, Adobe Lane, noted that in the early 1970s there was a five foot diameter pipe in Adobe Creek and the creek had overflowed twice. If the Town had heavy rains the soil would have to be replaced. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimousy to approve the design proposed by Joe Pillings (on file at Town Hall) and as modified by the Director of Public Works 5.3 Request from Luis Yanez for exception to current basement floor area calculation interpretation Council had before them the Town Planner' staff report which included background on this request and the recommendation that the request be denied. The Town Planner reported that the applications filed by Mr. Yanez had been incomplete and May 19, 1993 Regular City Council Meeting �W his project had not complied with the Town's requirement that basements be at least six feet below grade and the proposed floor area and development area had exceeded the Town's allowed maximums. In addition the applicant had a negative balance with the Town and was notified that additional funds would be required in order for his application to be processed. On March 3rd the Council decided on the new interpretation of the floor area section of the Zoning Ordinance and further decided that this interpretation would apply to all applications that had not yet been scheduled for the Planning Commission. Specifically the only two projects to fall under the previous interpretation were the Hall and Reddy projects. Mr. Yanez' application had not been scheduled for hearing by the Commission. Luis Yanez, applicant, presented a chronology of events regarding his project and explained his request that their plans to replace their home which had burned down be approved under the rules prior to the March 3, 1993 Council Meeting. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to deny the request from Luis Yanez for exception to current basement floor area calculation interpretation. AYES: Mayor Tryon and Councilmembers Dauber, Johnson NOES: Councilmember Hubbard and Siegel Council discussed options available to Mr. Yanez and one of them was to apply for a variance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to waive the variance fees for Mr. Yanez should he choose to apply for a variance for this project. 5.4 Stonebrook Drive Pathway Project, Project Budget Staff requested direction on how to proceed with this project given the increase in lumber prices. Hubbard submitted information on lumber prices and on the subject of the path suggested that the residents be contacted regarding dedicating a pathway to the Town. Dauber suggested a path on the other side of the street. Siegel suggested using the same materials as those on the McCullough property. May 19, 1993 Regular City Council Meeting Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, addressed the issue of the path location. The Director of Public Works noted that flag men would be needed for the path project and halting truck traffic might be an option. He further referred to the design of the project mentioning that instead of a single rail design it would be a three rail design. Also the present design had a seven to eight foot drop off which would be changed to three to four feet (as on McCullough). PASSED BY CONSENSUS: To proceed with the bid process for the Stonebrook Drive Pathway Project and to get further information on the issue of the path on the other side of the street. 6. NEW BUSINESS 6.1 Request from the Pacific Ridge Pony Club to use the Town Ring Sheila McKell, representing the Pacific Ridge Pony Club, explained that half their membership was in the Los Altos/Los Altos Hills area and she also explained the activities of their club and their association with the Los Atos Hills Horsemens' Association. They were asking to use the ring once a month and three times during the year for special events. In response to an inquiry from Council, she noted that they did have insurance and could get a hold harmless agreement with the Town. Triona Watson, President - Horsemen' Association, stated that they supported this request and the Pony Club would coordinate their activities with the Horsemens' Association and the Little League. Council discussed this request and Siegel suggested that the Pathways Recreation and Parks Committee be contacted for a recommendation before Council took any action. PASSED BY CONSENSUS: To continue this item and to request the Pathways Recreation and Parks Committee for a recommendation. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Quarry Hills Subcommittee May 19, 1993 Regular City Council Meeting Dauber reported that they had discussed how the creek would run and both Dr. Martin and Libby Lucas had agreed with the proposed plans. The creek would stay above ground to go along Stonebrook on John Vidovich's land to Juan Prado Mesa; Hale Creek would go into the lake. A meeting was scheduled for Friday with the Water District and John Vidovich to discuss this plan. She further shared her calculations that so far 275 acres of water had been put in the lake with 425 more acres needed. Dauber also commented that it was called the La Loma Tributary not Silver Creek. The next issue to be discussed was geology and William Cotton and Associates, the Town's geologist, had gotten the reports from John Vidovich. Tryon recommended that the subcommittee contact other agencies involved with the creek issue such as the State Water Board, the Department of Fish and Came and the Regional Water Control Board. 7.2 Planning Issues Subcommittee 7.2.1 Report on Code Amendment/Interpretation Regarding Basements (continued from last meeting) Council decided to continue this item but did agree to make a few comments on the subject. Hubbard suggested allowing a certain number of square feet for a garage and counting everything else. He also inquired why the square footage was different regarding a retaining wall. Dauber asked if the height of a project was measured from the basement and suggested counting floor area as vertical floor area of a house and count height of house from foundation. Siegel recommended allowing only the minimum number of windows allowed by the building code. 7.3 Town Handbook Subcommittee Council had received a draft of the Town Handbook from Roger Burnell, Chairman of the Community Relations Committee. Tryon asked Councilmembers to submit any comments they had to either Mayor Pro Tem Johnson or herself as members of the Council subcommittee on this project. They would prepare a revised draft for Roger. It was noted that once the final document was ready, the City Manager would be responsible for preparing specifications for the printing of the document and proceeding with the bid procedure. May 19, 1993 Regular City Council Meeting A 7.4 Safety Committee 7.4.1 Request for an increase in the number of their committee membership from seven to eight MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to increase the membership number on the Safety Committee from seven to eight. 7.5 Environmental Design and Protection Committee 7.5.1 Recommendation on Creek Protection Standards Council had received a report from the Environmental Design and Protection Committee on creek protection standards (report on file at Town Hall). Dauber suggested an urgency ordinance which would require 25' for creek protection but Siegel noted this could be done on a case by case basis and the Town Planner reportd that it was being implemented now. `• MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to direct staff to return in September to the Council with recommendations for amendments to the Zoning Ordinance, Site Development Ordinance, Subdivision Ordinance and General Plan incorporating creek protection standards in an appropriate manner for Los Altos Hills. 7.6 Design Guidelines Dauber reported that the committee had reorganized and was moving forward in the preparation of a draft design guidelines document. One should be available in the near future. 7.7 Heritage Tree Plaque Subcommittee Johnson presented a draft design of the plaques and asked for Council comments. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed by the following roll call vote to approve the following design for the May 19, 1993 Regular City Council Meeting Heritage Tree Plaques: 1' x 2', brown with white letters and a white border, to include the following: Town of Los Altos Hills, Heritage Tree No. (type of tree, i.e. Blue Oak), Designated by the City Council _(year)_ at a cost of $100 per sign. AYES: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel NOES: Councilmember Dauber Dauber stated that she did not agree with putting the number of the tree on the plaque and also preferred including the technical name for the tree. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Status Report on contract with Planning Consultant Firm - Brian, Kangus Foulk �kw Staff advised Council that the Town had received a resignation letter from Brian Kangas Foulk. The Town Planner noted that BKF was willing to provide the Town with a new contract for an interim contract until the new Assistant Planner was on board. She further commented that she had contacted other consulting firms regarding an interim contract. PASSED BY CONSENSUS: Council directed the Town Planner to take any action she deemed necessary toward the attainment of planning consulting services on an interim basis until the new Assistant Planner was on board. 8.1.2 Generator Project The City Manager reported that power would not be run to the Heritage House as they had found out this was quite costly. 8.2 City Attorney 8.3 City Clerk May 19, 1993 Regular City Council Meeting 41r 8.3.1 Report on Council Correspondence dated May 14, 1993 In response to an inquiry from Council, the Director of Public Works stated that he would be responding to the letter from the residents concerning the widening of Taaffe Road. 9. COUNCIL -INITIATED ITEMS 9.1 Schedule of Council Meetings on Budget Study Sessions (Mayor Tryon) PASSED BY CONSENSUS: To schedule Budget Study Sessions for 4:30 p.m. on Wednesday, June 16th and Wednesday, June 23rd. 9.2 Slippery Driveways (Councilmember Siegel) Siegel asked the status of this project and the Director of Public Works responded that the contractor had written a letter which staff had reviewed and it had been sent to the residents involved. The project was proceeding. 9.3 Cellular Site - Bay Area Cellular Telephone Company (Councilmember Hubbard) In response to an inquiry from Hubbard, the City Manager reported that he had spoken with Mr. Mangiantini and there had been some difficulties in the requirement that the property be surveyed and this documentation be attached to the agreement. This was being resolved. 9.4 Cellular Antenna - Foothill College (Councilmember Hubbard) In response to an inquiry from Hubbard concerning the newly constructed cellular antenna, the City Manager noted that Foothill College would be filing an application with the Town. 9.5 Mary Stegner (Mayor Tryon) Tryon noted that she had received the draft letter to Mrs. Stegner and would be working with the City Clerk on this. 10. PRESENTATIONS FROM THE FLOOR May 19, 1993 Regular City Council Meeting 10.1 Stonebrook Truck Traffic MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to add the issue of Stonebrook Truck Traffic to the agenda as an urgency item. Bonnie Riley, 12237 Stonebrook, Alan Dale, 25274 La Loma, Bob Matthews, Prospect and John Kiefer, 12231 Stonebrook each addressed the Council with their concerns about the truck traffic on Stonebrook. These concerns included safety issues, traffic, trucks driving too fast, cars being run off the road and the road being destroyed. Mr. Kiefer suggested opening up Stonebrook to Magdalena as it used to be. Siegel suggested that the road from El Monte to Prospect be made a one way truck traffic route with the owners of the trucks being required to manage this with flag men, etc. Richard Voss, Stevens Creek Quarry Truck Company, did not think that Councilmember Siegel's proposal would work. There was too little room to stage the trucks; it was a difficult task to accomplish. John Vidovich, DeAnza Properties, stated that he was concerned about the safety issue and he was meeting with the Sheriff later in the week to discuss what they could do about this situation. He did note that the quarry had been emptied at one time with little or no incident. Mr. Vidovich noted the trucks did not run every day and they were about half done with the project. Council discussed various options included allowing fewer trucks, encouraging trucks to use their radios for better communication, use of triple trucks and reduced speed limits for trucks. It was agreed that Siegel and staff would attend the meeting with John Vidovich and the Sheriff's Department on this subject and if necessary the Council would schedule a special meeting. 11. PUBLIC HEARINGS 11.1 Request for a tentative map for a two lot subdivision, Lands of Merrill, 25355 La Loma Drive (This hearing was continued from the last meeting). May 19, 1993 Regular City Council Meeting 10 The following addressed the Council stating their opposition to the Merrill application: Richard Aurelio, 25320 La Loma Drive, David Stewart, 25346 La Loma, Alan Dale, 25274 La Loma, Cristen Vanchieri, 25333 La Loma. Mr. Aurelio believed this was a precedent setting event and urged Council not to approve this annexation which would give Mr. Merrill the best of both worlds (county and town). He believed it was an issue of neighborhood interest vs. development interest. He further commented on the existing 19,000 square foot residence with a height of 37' and the arts barn which Mr. Aurelio stated did not have an approval from the County. Mr. Stewart commented that La Loma could not hold the extra traffic and annexation of this property was inappropriate for the rural character of the Town. Mrs. Vanchieri particularly raised her concerns about sewers and Mr. Dale believed the continuing escalation of development had to stop. He was particularly concerned about the arts barn because of the traffic it generated. The following addressed the Council stating their support of the Merrill application: Dick Oliver, 25466 Adobe Lane, Victor Riches, 10410 W. Loyola, Marcia Robertson, 15411 Vista Sereno, Art Snyder, Mountain View, Megan McClannan, 26890 Alejandro Drive and Susan McClannan, 26890 Alejandro Drive. Mr. Oliver noted that it was a two acre site and saw no reason why another house could not be built. The county could change its rules and now the Town had the opportunity to have some control over the project. Mr. Riches, Marica Robertson, Art Snyder, Megan McClannan and Susan McClannan strongly supported the arts barn. They stated that the PGY Program provided a service to the community, afforded youths the opportunities for worthwhile experiences and encouraged traditional family values. Kieth Merrill, applicant, commented that he had met with the Pathways Recreation and Parks Committee and they had worked out a location for the path. He also noted that he understood that the barn would need a conditional use permit but he believed this was a unique appropriate activity for a permit. He accepted the proposed conditions as recommended and noted that no oak trees would be removed. Mr. Merrill noted that he and his family had lived in Town for twenty years and the barn had been there for three. He regretted that he and his neighbors had not met and worked out some of these issues before it reached the Council level. Hubbard asked if the County was aware of the use of the arts barn for the PGY Program. He noted that the barn shown on the plans did not match the use of the barn as an arts facility and he believed that had the Town known the use it would have commented on the issue when approached by the County for comments. Although Hubbard believed the PGY Program was a good program, he believed it required a permit even in the County. May 19, 1993 Regular City Council Meeting 11 6 Johnson stated that Mr. Merrill, a resident of the County, was asking for a privilege which would not be given to a resident of the Town. Mr. Merrill's home was 34' to 37' feet high and the Town's limit was 27'. The barn was approximately 3,500 square feet and the Town's limit on a secondary unit was 1,000 square feet. Siegel concurred with Johnson but urged the Council to make their decision on the basis of the subdivision not annexation. He did not believe it was a subdividable lot under the Town's standards. It was a constrained lot and the property was not designed to accommodate another lot. The driveway went right through the property for one and the barn was probably where the other house would be situated. Hubbard concured with Johnson and Siegel noting that La Loma was a quiet winding road and this would generate too much traffic. Dauber concurred with the comments which had been made. She believed the tentative map was unacceptable because of traffic, building circle and the oddly shaped lot. The lot was split in two by an easement. Tryon concurred with all the comments made by her fellow Councilmembers. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to deny the request for a tentative map for a two lot subdivision for Lands of Merrill at 25355 La Loma Drive subject to adoption of the ` `. findings and to direct the City Attorney to prepare the findings for this denial and agendize them for the next Council Meeting. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:50 p.m. Respectfullyubmitted, :� - Patricia Dowd City Clerk The minutes of the May 19, 1993 Regular City Council Meeting were approved at the June 2, 1993 Regular City Council Meeting. May 19, 1993 Regular City Council Meeting 12