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HomeMy WebLinkAbout06/02/1993�a" Minutes of a Regular Meeting June 2, 1993 Town of Los Altos Hills City Council Meeting Wednesday, June 2, 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 6:05 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, 11, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson and City Clerk Pat Dowd Press: Don Brignolo, San Jose Mercury; Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Pahl reported that at their May 26th meeting the Commisioner approved Lands of Vetterlein, 26035 Todd Lane - request for a site development permit for a second unit and Lands of Garrow, 13910 MirMirou Drive - request for a site development permit for a new residence, pool and spa. Council inquired about the Garrow project noting that the garage should not face the street, the house was more imposing in the front, the project was at all the maximum amounts of development allowed. They also commented on the slope of the lot and the impact of the house. Pahl noted that it was a difficult site to develop and changes had been made to terrace the back of the property, to lessen grading and to turn the pool which the Commission believed had improved the application. ` June 2, 1993 Regular City Council Meeting #160 4. CONSENT CALENDAR Items Removed: 4.1 - 5/19/93 regular meeting minutes (Dauber), 4.2 (Tryon), 4.3b - Council decided to review Lands of Garrow. 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: May 19, 1993 (Adjourned Regular Meeting) May 22, 1993 (Special Meering) 4.3 Consideration of Whether To Review the following Planning Commission Actions at Its Meeting on May 26,1993: 4.3a Lands of Vetterlein, 26035 Todd Lane: approved request for a Site Development Permit for a second unit 4.4 Approved authorization to attend Mayors and Councilmembers Executive Forum, Monterey, July 21-23,1993 e 4.5 Granted request for extension of the expiration date for the site development permit for Lands of Owen, 14850 Manuella 4.6 Approved fifth amendment to agreement to provide local law enforcement agency access to the California Identification System -- Reso #34-93 4.7 Set the time and place of a public hearing to review the annual sewer service charge set by the City of Los Altos for the Los Altos Sewer Basin -- Reso #35-93 4.8 Set the time and place of a public hearing to consider all objections or protests to the proposed adoption of the Palo Alto Sewer Service Charge Final Report -- Reso #36-93 4.9 Issued Proclamation: Celebrating the 47th anniversary of the founding of the Italian Republic 4.10 Forwarding of draft Mining Element of the General Plan to the State Geologist for comment 4.11 Approval of findings for denial of request for a tentative map for a two lot subdivision, Lands of Merrill, 25355 La Loma Drive June 2, 1993 Regular City Council Meeting 4. Items Removed: 4.1 Approval of Minutes: May 19, 1993 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to approve the minutes of the May 19, 1993 Regular City Council Meeting with the following corrections: page 3, Item 5.2, third paragraph, add the following sentences: 'Council asked that Mrs. Struthers visit the site and work with staff on this issue. Mrs. Struthers agreed with this request.' page 4, the vote on motion should reflect Hubbard and Siegel voting no; page 11, third paragraph, next to the last sentence 'on the property' should be changed to 'in Town, last paragraph, first sentence should read: '....aware of the use of the arts barn for the PGY Program.' and the last sentence on page 11 should read: 'Although Hubbard believed the PGY Program was a good program, he believed it required a permit even in the County.'; page 12, first paragraph should state that Mr. Merrill's home was 34 to 37' and approximately 3,500 square feet and the motion should be amended to include "subject to adoption of the findings" after the address. 4.2 Approval of Warrants: $93,088.01 (5/17/93) $26,442.81 (5/28/93) Council questioned what the status of the design guidelines project was as related to the payment on the warrants to Carrasco and Associates. They asked for a report from staff on what the Town had received as part of the contract with Carrasco. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unaimously to approve the warrants: $93,088.01 (5/17/93) and $26,442.81 (5/28/93). 4.3b Lands of Garrow, 13910 Mirmirou Drive: approved request for a Site Development Permit for a new residence, pool and spa Council requested a review of the Lands of Garrow application. The public hearing will be scheduled for June 16,1993. 5. UNFINISHED BUSINESS 5.1 Request for reimbursement of fees and costs for lot line adjustment, Lands of Harrington, 12100 Hilltop Drive June 2, 1993 Regular City Council Meeting no L-. Tom Harrington, applicant, referred to the letters he had written explaining why he believed he should be reimbursed $3,297.89 for lot line adjustment costs. He noted that he had been required to go through the process twice - the first time it cost him $3,297.89 and the seond time approximately $10,000. He further explained that he had been required to do this twice because of a change in staff. He stated that the former Director of Public Works had told him to proceed one way and Jeff Peterson had directed him to proceed in another. Mr. Harrington stated that he believed Council should be responsible for the Town staff and the directions they gave to applicants. Council discussed this request and noted that a requirement of Mr. Harrington's lot line adjustment was a filing of the parcel map. They further noted that Mr. Harrington had been advised of this condition in writing even if there had been some confusion in conversations with staff. The staff report to Council had indicated that Mr. Harrington had been told that he could petition the Council to modify this condition but he did not make this request. Mr. Harrington had also proceeded to work on the project (pool house in setback) after being advised by the staff to stop pending resolution of the lot line issue. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to deny the request for reimbursement of fees and costs associated with the lot line adjustment on Lands of Harrington, 12100 Hilltop Drive. 5.2 Request for Council action regarding neighbors' fence issue -- Joan Moeller, 11990 Page Mill Road Joan Moeller, applicant, addressed the Council concerning a project done on her neighbors' property involving a riding ring/fence. She believed this riding arena was a structure and should be thirty feet from the property line. Mrs. Moeller gave an overview of her correspondence with the Town on this issue noting that she did not believe the arena project had been properly supervised by the Town and further commenting that her neighbor, Mr. Markoff, had torn down her boundary fence as part of his project. Mrs. Moeller asked that her fence be rebuilt, the neighbors' fence be removed and the arena which was ten feet from the property line be moved further back. Council discussed Mrs. Moeller's request and the staff report prepared by the Town Planner on the issues raised by Mrs. Moeller. Dauber noted that the Markoffs had a legally approved structure and she did not believe it was in the Town's jurisdiction to make him change this project. Dauber further noted that she believed this was a civil suit among neighbors. Hubbard and Siegel agreed with her comments. June 2, 1993 Regular City Council Meeting PASSED BY CONSENSUS: To direct the City Manager to contact Mrs. Moeller and Mr. Markoff to see if they would be willing to meet with a County Mediator in an attempt to resolve this issue. A report would be made on this at the next Council meeting and no final permits would be issued on the Markoff's project prior to that time. 6. NEW BUSINESS 6.1 Request for direction concerning amending code section on solicitations Dauber referred to the recommendation from the Safety Committee that a permit be required at Town Hall before a group can solicit in the Town. Said permit would include business license number, purpose of group, when they planned to solicit, identification of solicitor with picture. She believed this would reduce the number of solicitors and would make residents more comfortable knowing they had a permit on file at Town Hall. PASSED BY CONSENSUS: To direct the City Attorney to revise the ordinance on solicitations to clarify who can solicit in the Town, what permits are necessary,the necessity for a business license (except for non profit groups) and a statement that the Town was not endorsing these groups but merely giving them a permit as required legally. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Quarry Subcommittee It was reported that the last meeting of the quarry subcommittee had been with William Cotton to review the geology of the project for the hillside lots. The City Engineer explained a map of the project showing the proposed siting of the homes. Council discussed these difficult lots, noting that some of these homes were on fill. It was also noted that the lower lots were set up as tract housing which was not in keeping with the homes in the Town. It was noted that Mr. Cotton had suggested Mr. Vidovich meet with the geologist and designer to review the safe home sites on the property. The subcommittee noted that the connection to Stonebrook had not yet been explored with Cotton. PASSED BY CONSENSUS: Council noted that while they appreciated the map they were concerned about the geology of the project. They believed it was irresponsible to develop an area with such geologic concerns. June 2, 1993 Regular City Council Meeting #6V 7.2 Planning Issues Subcommittee 7.3 Town Handbook Subcommittee Tryon thanked Roger Burnell, Chairman of the Community Relations Committee, for the work he and his committee had done on preparing a draft of the Handbook. The Council subcommittee (Tryon and Johnson) had reviewed this draft and were in the process of refining a second, shorter draft of the handbook. When they had completed their draft, another meeting of the handbook committee would be scheduled. Dot Schreiner, Planning Commissioner, commented on the pathway map to be included in the handbook. A graphic artist was working on this map and the cost would be approximately $250. Tryon noted that this was an appropriate project to be included in the pathway budget but to date the handbook had not been approved. PASSED BY CONSENSUS: To authorize contacting PRX, Inc. to get a bid for preparing a final Town Handbook and also Design Guidelines Booklet. It was also agreed that a second bid would be obtained for these projects. 7.4 Design Guidelines Subcommittee Dauber referred to the draft document before Council and did refer to the payment made to Carrasco for this project. She asked what the Town had received for this $27,000 and would it be worthwhile to go back to them for the final product. Tryon did not agree with any additional payment to Carrasco. In response to Dauber's request for comments, Hubbard suggested stating 'preferred' or 'not preferred' in the booklet on such issues as circular driveways, chain link fences, etc. and also referring to the Code sections so applicants could refer to the appropriate sections. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Status of Animal Control Services The City Manager reported that as of July 1, 1993 the County would no longer be providing animal control services to the cities in the County. The June 2, 1993 Regular City Council Meeting L Town had been approached by the Humane Society to provide this service and a proposal should be forthcoming from the City of Palo Alto. A report will be brought back to the Council when additional information is available. 8.1.2 AB 764 The City Manager reported that AB 764 had cleared the Assembly and was going to Senate Committee. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated May 14, 1993 In response to an inquiry from Council, it was noted that the Director of Public Works would be responding to the residents on Taaffe Road concerning the widening of Taaffe. 9. COUNCIL -INITIATED ITEMS 9.1 Clarification of Sign Ordinance (Councilmember Dauber) Dauber referred to the section of the Code which allowed signs on properties by those providing services. She believed the difference was services rendered on the property (i.e. Page Mill Winery) as opposed to services rendered to the property (i.e. roofing, landscaping). Her concerns were the increased number of signs she was seeing in Town and the appearance of commercialism. Council discussed this issue noting that residents had the final decision as to whether or not signs were placed on their property. It was also noted that if a sign was placed on a lot it should only be for the period of time the service was being rendered. On another note it was mentioned that these businesses doing such advertising should be checked for current business licenses. 9.2 Housing Element (Mayor Tryon) It was agreed the Housing Element would be scheduled for the June 16, 1993 Council Meeting. June 2, 1993 Regular City Council Meeting kar 9.3 Library Commission Meeting (Councilmember Dauber) Dauber reported the discussion at the last Library Commission Meeting on concerns that the bail out money was not going to be available and this was 48% of the library's income. This would affect the services made available, labor costs, etc. 9.4 Voting (Mayor Tryon) Council discussed the voting method regarding appointment to the Planning Commission. It was agreed that this vote should be made by a majority (3) of the Council and the Clerk should advise Council if the vote is not a majority one. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Regulation of Truck Traffic on Stonebrook Avenue -- Urgency Ordinance regarding one-way traffic for certain trucks on Stonebrook Road The City Manager reported that he had received a letter from the County Surveyor, James Sirr, which had addressed the issue of using Stonebrook Drive to Magdalena Avenue to the 280 freeway as an alternative haul route for trucks traveling to or from the existing quarry site on Stonebrook. In part he addressed the following concerns about this alternative: pavement not designed or constructed to support heavy truck trafffic, grading would be needed to allow vehicular access and clearing of oak trees to provide clearance for trucks. John Vidovich, DeAnza Properties, stated that he was very concerned about the trucks especially after the accident. He noted that he was in the process of filling the quarry and had about twenty to twenty five days of maximum hauling remaining. His solution to this issue was to reduce the speed limit to 15 mph which he believed made it safer for the trucks and they stayed on their side of the road going at this speed. He also offered to pay for four hours of enforcement a day by the Sheriff's Department to ensure that this reduction in speed was followed. Mr. Vidovich noted that the quarry itself had been there since 1935 and there was much less truck traffic now with the added realization that this project would end. On the subject of the end of Stonebrook, Mr. Vidovich noted that it was presently not open as a through road. He was willing to work with staff but strongly believed the neighbors should be contacted regarding this access road. There had been concerns about four wheel drive vehicles in this area, parties, etc.; the quarry was an attractive nuisance. June 2, 1993 Regular City Council Meeting He also commented that he was in the process of completing the reclamation plan for the quarry and had a contract with the trucking company to haul the dirt to the quarry but had no control over them. Mr. Vidovich did not believe staging would work because of the issue of timing. Mo Chambers, 12101 Stonebrook, commented that the quarry itself did look much better but she was concerned about the speed of the trucks on Stonebrook. She was a runner and it just was not safe. Ms. Chambers also expressed her concerns about the potholes on Stonebrook and hoped that Mr. Vidovich would be responsible for repairing them. Marvin Henry, 10902 Stonebrook, commented on the option of opening Stonebrook and noted his concerns that it could become a throughway. He also did not believe Magdalena was strong or wide enough. Bill Gibbons, 24737 Prospect, commented on the issue of trimming trees on private property but did believe Mr. Vidovich could be required to pay for this. He too expressed concerns about the potholes on Stonebrook. Mr. Stevenson, 24785 Prospect, believed it was a safety issue as there was no control over the trucks. He supported staging the trucks and thought this would allieviate the situation. Alan Dale, 25274 La Loma, believed the speed limit was important but also concurred with the one way traffic for the trucks. He also supported the fire road. Art Cashman, 24925 Oneonta, commented on the issue of noise pollution and also stated the importance of the fire road. Shirley Stevenson, 24785 Prospect, believed that the end of Stonebrook would need some work to carry the trucks but it was a short distance. Magdalena was not any narrower than Stonebrook. As a safety issue she believed it was better for the trucks which would be empty and therefore lighter to exit Magdalena. Mr. and Mrs. Bob Matthews, 12111 Stonebrook, inquired under what jurisdiction the trucks were allowed and they were advised Stonebrook was a truck route and the courts had not agreed with the Town's request to change this. Sandra Hill, 12051 Stonebrook, commented on the issue of staging and asked how she would get out of her driveway with trucks all going one way or the other. June 2, 1993 Regular City Council Meeting �6r Lt. Jim Huber, Sheriff's Department, asked if the ordinance was passed, who would be the guilty party. Would it be the driver going up to the quarry or coming down? He also noted that most trucks had cb radios and in reality very few tickets were issued because of this. He did comment that they did not work for a private party. All bills would be made payable by the Town if increased enforcement was authorized. Council discussed the proposed ordinance to establish one way traffic for certain trucks on Stonebrook. They agreed that if the trucking company would agree to try to work this problem out voluntarily they would not pass this urgency ordinance. There were several steps which could be taken including: opening up Stonebrook as fire road and fencing it off, posting a sign at Town Hall which reflected how many actual days of hauling were left, and staging the trucks but not at EI Monte. The staging could be done by use of radios, flag men, etc. John Kolski, Stevens Creek Quarry Trucking Company, stated that he did not believe the ordinance would work. He further stated that he thought staging would be necessary at both ends of Stonebrook but he could not commit to staging at this meeting. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously to request Mr. Vidovich to provide an access road connecting Stonebrook to Magdalena for fire purposes only. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed unanimously to waive further reading of the ordinance and to adopt Ordinance #364 regarding one way traffic for certain trucks on Stonebrook Road. It was further agreed that this issue would be brought back to Council at the next meeting with a status report. It was further stated that there would be no additional enforcement authorized but the Sheriff's Department would be asked to patrol Stonebrook frequently. Johnson stated that he voted for this because the Council was going to reconsider it in two weeks and the trucking company was being uncooperative. June 2, 1993 Regular City Council Meeting 10 #. 29 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:30 p.m. Respectful) ubmitted, Patricia Dowd l//l City Clerk The minutes of the June 2, 1993 Regular City Council Meeting were approved at the June 16, 1993 Regular City Council Meeting. June 2, 1993 Regular City Council Meeting