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.
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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
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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
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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.
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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.
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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
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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.
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Regular City Council Meeting
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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.
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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.
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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.
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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