HomeMy WebLinkAbout10/06/1993 (2)Minutes of a Regular Meeting
L October 6, 1993
Town of Los Altos Hills
City Council Meeting
Wednesday, October 6,1993,6:00 P.M.
Council Chambers 26379 Fremont Road
1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE
Mayor Johnson called the Regular Meeting of the City Council to order at 6:10
p.m. in the Council Chambers at Town Hall.
Present: Mayor Johnson and Councilmembers Dauber, Hubbard,
Siegel and Tryon
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
kw Press: Jan Shaw, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointment of Youth Commissioner
This item was continued to allow time for the applicant to be contacted and invited
to attend the Council Meeting and discuss his interests with the Council.
3. PLANNING COMMISSION REPORT
Planning Commissioner Sinunu reported that the following issues were on the
September 22, 1993 Planning Commission agenda: Lands of Cimera, 25601 Chapin
Road, request for a site development permit and variance for a remodel, addition,
garage and pool - approved; Lands of Currie, 26343 Esperanza Drive, request for a site
development permit for a remodel - approved; Lands of the Town of Los Altos
Hills, 26379 Fremont Road, request for a site development permit for a cutting shed
October 6, 1993
Regular Meeting
display for historic equipment - approved; Lands of Lohr, 24009 Oak Knoll Circle, Lot
#26, request for a site development permit for a new residence, pool and spa -
approved; Lands of Bhandari, 25552 Willow Pond Lane, request for a site
development permit for an addition and attached second unit - approved. Lands of
Jabbour, Lands of Yanez and Lands of Los Altos Fire District were continued.
4. CONSENT CALENDAR
Items Removed: 4.2 (Siegel), 4.9 (Dauber) and 4.10 (Siegel)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: September 27, 1993 (Special Meeting)
4.3 Issued Proclamation: Commemorating the 82nd National Day of the
Republic of China
4.4 Granted Easement for Pathway, Lands of Yung, 13880 Campo Vista
Lane -- Reso #63-93
` 4.5 Approved Right of Way Dedication, Lands of Medina, 26501
Purissima Road -- Reso #64-93
4.6 Approved Right of Way Dedication, Lands of MacDonald, 11800
Francemont Road -- Reso #65-93
4.7 Granted Easement for Storm Drain Purposes and Vacation of Easement
for Storm Drain Purposes, Lands of Baranowski, 13151 Estralita Place --
Resolutions #66-93 and #67-93
4.8 Dedicated Easement for Storm Drain Purposes, Lands of Kancler,
12635 Corte Madera -- Reso #68-93
Items Removed:
4.2 Approval of Warrants: $59,840.44(9/21/93)
$89,608.78 (10/l/93)
Tryon suggested and Council concurred that when a consultant is shown on the
warrant list it should also show to which department the expense is to be charged.
October 6, 1993
Regular Meeting
Siegel asked for clarification of the $1,000 payment to the Trail Center. He
questioned what the total cost of the agreement was and what services did the Trail
Center provide. Staff responded that the total cost was $6,200 excluding staff time
and the Trail Center provided advertising, coordination of volunteers, equipment
and trained trail leaders for the construction of the trail. It was agreed staff would
provide Council with a copy of the contract with the Trail Center.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to approve the warrants in the amounts of $59,840.44 (9/21/93)
and $89,608.78 (10/l/93).
4.9 Request for Extension of Site Development Permit for Lands of Shockley,
27781 Edgerton Road
Dauber asked if the drainage issue had been resolved and the Director of Public
Works responded that the Engineering Technician had inspected the conditions of
approval for the project and had reported that they had been completed. On the
subject of having a dumpster on the site, it was noted that this was now a
requirement of the Town's Code concerning solid waste.
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and
passed unanimously to approve the request for extension of the site development
permit for a new residence and pool for Lands of Shockley at 27781 Edgerton with
the new expiration date to be September 4, 1994.
4.10 Notice of Completion, Driveway Roughening Project -- Reso #_
Siegel asked the Director of Public Works what the Town had learned from the
process of completing this project. The Director of Public Works commented on the
different methods for driveway roughening used and also commented on the effort
to educate the residents who were upset about the contractors on their property to
do this project. In response to an inquiry as to whether or not this would be
required with new driveway construction, the Director of Public Works stated that
staff was working on this. It would be expensive but possibly it could be worked out
that the Town would share in the cost. Siegel commented that this was a costly and
time-consuming project and in the future the Pathways Recreation and Parks
Committee should provide a map and the project should be clearly defined. Dauber
suggested that a handout be provided to the contractors. Regarding the cost, staff
reported that twenty six driveways had been done at a cost of approximately $270 per
driveway.
October 6, 1993
Regular Meeting
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to adopt Resolution #69-93 accepting as completed the work of
"Driveway Roughening Project FY 92-93", authorizing final payment concerning
such work, and directing the City Clerk to file Notice of Completion.
5. UNFINISHED BUSINESS
5.1 Review of previously approved Site Development Project, File
#217-90-ZP-SD, 304-91-SD/MOD; and 141-93-ZP-SD-VAR -- Lands of
Puri, 12775 Viscaino Road
The Town Planner referred to her staff report which addressed the review of project
files to determine whether all phases of the Puri project had been approved through
correct Town processes in place at the time the project was submitted. The Town
Planner did note that the Town files did not appear to be complete and that
confusion was evident regarding building inspections made on the property.
Siegel stated that he thought this was a wonderful project and this discussion was a
waste of time. The Puris had been subjected to a changing staff and it was not right
to go back now and require certain conditions of them. Dauber stated this never
would have gotten built if it had been applied for. There was more non -conforming
square footage now than there had been in the setback. She did not believe this was
a renovated tennis court but rather a new tennis court which had never been
applied for. Dauber also referred to the variances in the Puri s neighborhood which
the Council had denied. How did Council justify denying these and granting the
Puris their request. She also referred to the Harrington application where he used
the change of staff as an excuse and the Council did not accept that explanation. In
her opinion it was the same situation with this application. Dauber further
referenced the worksheets in the application and noted that the October 1991
worksheet reflected the increased development figures from the July 1990 worksheet
but interestingly enough none of the decreased numbers. Hubbard commented that
several staff members had been involved and he thought it unfair to go back at this
time and require certain conditions. He did feel however the question of procedures
regarding planning/building inspections should be agendized for a future Council
discussion. On the subject of the Harrington application, Hubbard did not believe
this was a good example as the Puri application had involved a cooperative effort
with staff. Johnson agreed with Siegel's comments. He believed it was an historical
set of structures worth preserving and which added greatly to the Town. He
believed the historical aspect of this application was the real issue, not the change in
staff.
Peter Shaw, applicant's landscape architect, referred to his discussions with the
former Director of Public Works Bill Ekern and stated that the tennis court was
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�r Regular Meeting
always looked at as a renovation. He also noted that they moved the sport court off
the right of way to cover a sink hole. This had been mutually agreed upon between
staff and applicant.
Lisa Webster Puri, applicant, did not recall the discrepancy in the worksheet
numbers but did understand that the sport court had been increased although not as
much as Council believed it had.
Jay Puri, applicant, referred to his letter dated October 2nd to the Council which
addressed the issues raised regarding the structures on their property. He
commented that the numbers may not have been done as well as they should have
been but it was a large project and they had tried to comply with the Town's rules
and work with staff. On the subject of the tennis court, Mr. Puri referred to
historical records and noted that it had always been a tennis court.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and
passed by the following roll call vote to state that the Council had reviewed the staff
report dated October 6, 1993 and prepared by the Town Planner on Lands of Puri and
determined that the tennis court, pool house and existing maximum development
area were all the result of renovation of legal non -conforming uses or structures
and were grandfathered under Article 4 of Chapter 1 of Title 10.
AYES:
Mayor Johnson and Councilmembers Hubbard and Siegel
NOES:
Mayor Pro Tem Dauber
ABSENT:
None
ABSTAIN:
Councilmember Tryon
Tryon thanked Dauber for her review of this project. She stated that she was not
comfortable supporting this motion but would also not deny due to the confusion of
the historical status and the confused direction the applicant received from staff.
5.2 Consideration of Solid Waste Franchise Agreement
The City Manager noted that a new draft of the solid waste and recyclables collection
franchise agreement had been received after the Council packet was prepared. This
new draft was dated October 1 and Council had a copy before them. He also referred
to his staff report dated October 6th and stated that of the five points raised (1.
allowing for rate review and correction to the agreement; 2. accounting during first
rate period; 3. receipt of survey; 4. collection of plastics, cardboard and delivery of
compost; and 5. term) items one, three and five were still outstanding issues.
c October 6, 1993
Regular Meeting
t Siegel suggested that section 4.2 of the October 1st draft be substituted with the
following: "The parties to this agreement intend to conduct a rate review for the rate
year commencing October 1, 1994. Experience and information learned from the
audit and the rate review process may cause either party to seek an amendment to
this agreement. A party seeking an amendment shall give written notice of its
proposed amendment to the other party no later than October 1, 1994. The parties
shall meet to reach an agreement on any proposed amendment. If an agreement
cannot be reached within 60 days of the date of the notice, either party may call for
mediation pursuant to Section 22. If mediation fails, either party may give notice of
temination of this franchise. The date of termination may be no earlier than nine
(9) months after the date of the notice of termination."
Todd Thompson, attorney for Los Altos Garbage Company, stated that they did not
concur with this change. The Los Altos Garbage Company was entering into this
agreement in good faith. Under the new wording if mediation failed, the agreement
would be terminated. They could not agree with this change. It was a question of
planning and business investment; they could not commit funds that they could
not recover in such a short period of time. They could not and would not accept
such an amendment.
Tom Murtha, attorney for Town, supported Siegel's recommendation. He believed
it was a good agreement but was more comfortable with an audit disclosing the
agreement would work as everyone believed it would. He also believed they could
hold off on any capital improvements for one year.
Siegel referred to Exhibit F on allowable expenses as an area which would be
thoroughly investigated by an audit. Tryon supported the intent of Siegel's
recommendation but could not support ending the contract after possibly only one
year and nine months. She believed this could result in chaos. Hubbard would
support more frequent rate increases but wanted to be sure through an audit that the
costs were correct. He referred to letters written by the Town's financial consultant
on this issue and acknowleged a loss of confidence on his part in getting the right
numbers.
Jon Angin, Los Altos Garbage Company, commented on the bookkeeping issue and
noted that oftentimes they had brought items of benefit to the Town's attention and
he believed this sharing of information worked both ways.
Tryon referred to the yard waste collection and wanted to be sure that a procedure
would be in place whereby it would be a program only for Town residents and due
diligence would be followed in seeing that this was carried out. On the subject of a
October 6, 1993
Regular Meeting
kw survey, Tryon suggested that it be sent to a third party. Siegel recommended that
letters recently received from Mr. Angin including items the Los Altos Garbage
Company agreed to should be made part of the agreement. He also recommended
that the agreement expire on June 30, 2002. Hubbard asked that the spreadsheets be
adjusted so that a layman could understand them. Council also discussed the issue
of Rhus Ridge collection and believed that the listing of this road should be
eliminated from Exhibit D (Roads Deemed Unsafe for Collection).
Sandy Sloan, attorney for Town, referred to Mr. Thompson's comment that the
agreement was a framework and there should not be any surprises. While that was
true, sometimes there were. One suggestion that had been made but not accepted
was to extend the memorandum of understanding, have an audit done and then
enter into an agreement based on the information received from the audit. She was
concerned about entering into an agreement that had been untested for ten years.
Todd Thompson, attorney for Los Altos Garbage Company, reiterated that it was a
framework and Council had great authority to work within it. He believed any
problem that came up during the audit could be dealt with within the agreement.
Referring to the issue of a survey, he noted that cost was an issue but the responses
could go to the bank with the bills and the bank could send them to the Town. On
the subject of Rhus Ridge, he believed it was their liability and they should decide
what streets should be included in Exhibit D.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed by the following roll call vote to amend Section 4.2 of the October 1st draft to
read as follows: "The parties to this agreement intend to conduct a rate review for
the rate year commencing October 1, 1994. Experience and information learned
from the audit and the rate review process may cause either party to seek an
amendment to this agreement. A party seeking an amendment shall give written
notice of its proposed amendment to the other party no later than October 1, 1994.
The parties shall meet to reach an agreement on any proposed amendment. If an
agreement cannot be reached within 60 days of the date of the notice, either party
may call for mediation pursuant to Section 22. If mediation fails, either party may
give notice of temination of this franchise. The date of termination may be no
earlier than nine (9) months after the date of the notice of termination."
AYES: Mayor Johnson and Councilmembers Dauber, Hubbard and Siegel
NOES: Councilmember Tryon
Tryon stated that she would be willing to support binding arbitration but could not
support a unilateral right to cancel by either party following the audit.
g October 6, 1993
�r Regular Meeting
( PASSED BY CONSENSUS: To delete the reference to Rhus Ridge Road on Exhibit D
Ir (Roads Deemed Unsafe for Collection).
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to continue discussion of the solid waste and recyclables
collection franchise agreement to the November 3rd Council Meeting.
6.1 Request for review of Final Map Certificate of Correction for the
McCulloch Subdivision, J. Lohr Properties, Oak Knoll Circle and
Stonebrook Road
Steve Lohr, applicant, addressed the Council with their request that the Owner's
Statement for their Stonebrook subdivision be corrected to state that recreational
structures that are not habitable - such as pools and tennis courts -- should not be
excluded from a human habitation setback.
Council discussed what structures could or should be allowed in the human
habitation setback and Dauber stated she definitely did not want to see a sound wall.
It was agreed that a recommendation from the Town Geologist was needed to
address this request.
Dot Schreiner, Planning Commissioner, believed the condition should be
specifically changed if that was what Council wished to do. Otherwise, they would
have no means to restrict what went into this setback.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to continue the request for review of Final Map Certificate of
Correction for the McCulloch Subdivision, J. Lohr Properties, Oak Knoll Circle and
Stonebrook Road to the next Council Meeting and to request for that meeting a
report from the Town Geologist on what structures would be allowed in the human
habitation setback.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Residential Design Guidelines Subcommittee
Dauber reported that a meeting was scheduled for October 8th to finalize the draft of
the Residential Design Guidelines. After this meeting the document will be
reviewed by the public, the Planning Commission and the City Council and
then completed.
7.2 Handbook Subcommittee
October 6, 1993
Regular Meeting
fTryon reported that meetings were being held with PRX and they were working on a
or handbook document to bring back to the Council. Hubbard expressed his
concerns about this entire process. He did not believe the Council had pursued
alternatives nor had they gone through the appropriate bid process for this
project. In his opinion $30,000 was too much money for a Town Handbook.
He further believed that the Town should have a policy for service contracts as
he thought it prudent to get bids for such contracts. Dauber believed the Town
rushed into the agreement with PRX. While she did not think the samples
from one of the other bids were what the Town was looking for, she did think
that other bids should have been obtained. Tryon commented that a
competitive bid process had not been required for this project. The
subcommittee had been authorized at the last Council meeting to proceed with
this project and they were moving ahead. The City Manager did note that a
contract had been signed with PRX.
7.3 Quarry Subcommittee
Siegel reported that their subcommittee had not met but he understood that Mr.
Vidovich was working on his application for submitting his map.
8. STAFF REPORTS
8.1 City Manager
8.1.1 Options Regarding Purissima Hills Water District Building
and Town Hall
The City Manager referred to his report which addressed the space needs of
Town Hall as well as the space needs for the Purissima Hills Water
District. Tryon stated that she was concerned about the title of the
Purissima Hills Water District Building and believed the Town should
keep ownership of the building. Dauber believed the space needs of the
Town Hall staff were an administrative issue and staff should decide what
they needed and present their request to Council. One of the options was
for the Town to use the District's building for their additional space needs.
(The Town owns the building the Water District is now using.) Siegel
commented that the rent the Purissima Hills Water District was paying to
the Town was quite low and he was concerned about the District's interest
in expanding their building. Regarding the additional development on
Town land, Dauber asked what limits there were on the development area
allowed on the Town's property. The Town Planner responded that there
was quite a bit of development still available and she would advise
Council of the amount.
4 October 6, 1993
�w Regular Meeting
Dan Alexander, Purissima Hills Water District Board, commented that they
4 had built the buiding they are now in and they can not understand why
�I the Town would want to punish its constituents by charging the market
rate for rent to the Water District. He did note that they would agree to
appointing a subcommittee to discuss the various options.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson
and passed unanimously to appoint Councilmembers Hubbard and Siegel
to a subcommittee of the Council to review options regarding uses for the
Purissima Hills Water Disrict Building.
8.1.2 Discussion of Hauling on Stonebrook
The City Manager reported that calls had started to come into Town Hall
recently about the truck traffic on Stonebrook and residents were asking
what the Town was doing regarding enforcement of the ordinance on
such traffic. He had spoken with John Kolski of Stevens Creek Quarry and
it appeared that trucks were being limited because of the pathway project
underway on Stonebrook which involved the use of flagmen. Siegel
commented that there had been about fifteen trucks and staging had taken
place because of the pathway project. It was agreed that the City Manager
would talk to John Kolski about a fifteen truck limitation and if he agreed
the Town could repeal the ordinance. The City Manager was to report on
this subject at the next Council Meeting.
8.1.3 Report on Voice Mail
The City Manager reported on the status of voice mail for the Town. Judy
Crowley and Pat Dowd would be making a site visit to inspect the VoySys
equipment and would report back to the City Manager. A progress report
will be made after this visit.
8.2 City Attorney
8.3 City Clerk
8.3.1 Report on Council Correspondence dated October 1, 1993
9. COUNCIL -INITIATED ITEMS
9.1 Appointment of Councilmember to the Palo Alto Unified School
District Community Advisory Committee (Mayor Johnson)
October 6, 1993
Regular Meeting
10
PASSED BY CONSENSUS: To appoint Elayne Dauber as the Town's representative
to the Palo Alto Unified School District Community Advisory Committee.
9.2. Decision regarding commitment of public funds to support the
proposal from the City of Mountain View for funding assistance for
Deer Hollow Farm (Mayor Johnson)
PASSED BY CONSENSUS: Council agreed not to commit public funds for Deer
Hollow Farm unless the other cities with an interest in it were also to contribute. It
was further agreed that the Midpeninsula Regional Open Space District should
participate.
9.3 Town Handbook (Councilmember Hubbard)
This item was discussed earlier in the meeting.
9.4 Request from the Congestion Management Agency for a Council
appointment to the Policy Advisory Committee (Mayor Johnson)
PASSED BY CONSENSUS: To appoint Barbara Tryon to the Policy Advisory
Committee of the Congestion Management Agency.
9.5 Sign Ordinance (Councilmember Tryon)
Tryon asked if the Council wanted to have the Town's sign ordinance in the
handbook. The response was no.
9.6 Sales Tax (Councilmember Tryon)
Tryon asked that the issue of the 1/2 cent sales tax be agendized for Council
discussion.
9.7 Yardwaste Site (Councilmember Tryon)
Tryon reported that she had received complaints that people other than Town
residents were using the yardwaste center.
9.8 Newsletter (Councilmember Tryon)
Tryon noted that her neighborhood had not received the newsletter and Dauber
commented that the Council subcommittee on the newsletter of which she was a
October 6, 1993
Regular Meeting
11
4m.
member, had not been pleased with the process of getting the newsletter completed.
The City Manager reported that he was taking care of correcting the mailing of the
newsletter. The mailing had been done by Aid Mailing and the list used for the
mailing was not correct although, according to Aid Mailing, it had been coordinated
through the Post Office. The City Manager planned to compare the Town's data base
list with the list from Aid Mailing and if those who had not received it could be
pulled out they would be sent the newsletter. If this did not work, it may be
necessary to resend the newsletter.
9.9 Cable TV (Councilmember Tryon)
Tryon commented that the Town was going to lose Channel 7 and she asked that
the City Manager report on this at the next meeting. The City Manager responded
that Lyn Simpson from Sun Country Cable would be at the next Council meeting to
address this issue.
9.10 Yanez Application (Councilmember Tryon)
Tryon stated that the Planning Commission should not interpret the Council's
waiver of fees for the Yanez application as support for his project.
9.11 Attendance Reports for Planning Commissioners (Councilmember Tryon)
Dauber said that she would tabulate an attendance report for Planning
Commissioners and distribute it to Council for their information.
9.12 Lands of Young (Councilmember Tryon)
Tryon commented that she had recently seen the house on Lands of Young on Page
Mill and she thought it was beautifully sited.
10. PRESENTATIONS FROM THE FLOOR
Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, thanked staff
and the Community Relations Committee for the great success of the October 3rd
Pathway Day. Over 80 people had attended and it had been enjoyed by all. Dauber
thanked the Pathways Recreation and Parks Committee for their work on this
project and for the excellent selection of paths.
12
October 6, 1993
Regular Meeting
Ruth Buneman, 12655 La Cresta, commented on the Puri property. As one who
went by this property quite often, she noted her pleasure at what the Puris had done
with the property. Prior to their restoration, the property had been in a dilapidated
state.
11. PUBLIC HEARINGS
11.1 Request for a Site Development Permit and Variance for Entry Pillars
and Entry Gate, Lands of Puri, 12775 Viscaino Road (continued from
September 14, 1993 Council Meeting)
Jay Puri, applicant, explained the placement of the pillars and the gate. Regarding
the safety issue, he believed there was more than sufficient room for the gates to
open and they would open inwardly. They were replicating something that had
been there although not in that exact location and he understood they needed a
variance. Mr. Puri stated that he was eager to finish this project. In his layman's
perspective of the variance findings, he believed they could be made and revolved
around whether the Council believed the property was an historical landmark. Mr.
Puri commented on the architectural beauty of the property and the craftsmanship
of eras gone by. He believed the pillars were an integral part of the project.
Peter Shaw, applicant's landscape architect, commented on their review of the
historical significance of the gates and pillars. The pillars were an exact
reproduction but the entire wall was not. Mr. Shaw also commented on the
preservation by the applicant of several trees including palms, dates and oaks which
had been transplanted into a symmetrical pattern.
Lisa Webster Puri, commented on the original disrepair of the property and their
work with Peter Shaw and Rosemary Meyerott, Town Historian, on the historical
signficance of the house. She noted, however, that the historic preservation
involved not only the house but also the gates which were an integral part of the
project. Mrs. Puri referred to several letters including the signatures of
approximately forty neighbors who supported this request for a variance for gates
and pillars. Mrs. Puri submitted these letters for the files.
Dot Schreiner, Planning Commissioner, stated her concerns about the gates and
pillars as they were non -conforming uses of the project. She also commented that
the Puris knew they had to get a variance yet went ahead with the gates and pillar
installation.
October 6, 1993
Regular Meeting
13
Bob Reese, Camino Medio; Linda Swan, President - Historical Society; Ruth
Buneman, 12655 La Cresta; Dan Alexander, 27200 Elena; and Marie George, 12881
Viscaino each addressed the Council in support of the Puri's request for a variance
for gates and pillars.
George Parry, applicant's construction superintendent, stated that they were anxious
to complete the project and while the gates had been a concern of his, he believed
this aspect of the project had been carefully and thoughtfully approached.
Siegel and Hubbard supported granting the variance stating that the gate and pillars
went with the historic site and completed the project. Tryon and Johnson
questioned their ability to make the required findings for a variance but did note the
historic significance and value to the Town of the project. Dauber commented that
this 2 1/2 acre parcel which housed all of the historic structures was originally a 500
acre site. She believed it was too many things crowded together and the current
laws were being violated. More consideration should have been given to the 1993
regulations.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and
passed unanimously to approve a site development permit and variance for entry
pillars and gate for Lands of Puri at 12775 Viscaino Road subject to the findings as
recommended by the Planning Commission with the stipulation that the applicant
apply for status as a Town Historical Landmark.
11.2 Appeal of Planning Commission's Denial of the Request for a Parcel
Map for a Lot Line Adjustment, Lands of Jones, 27994 and 27886 Via
Ventana
Council had before them the staff report which addressed the request for a lot line
adjustment, the various building sites and the issue of the oak trees. Council also
had alternatives for building sites from Bob Owen which addressed the issue of
minimal tree removal.
Jeanine Knutson, 27999 Via Ventana, referred to her letter to Council on this
application which in particular addressed the issue of construction in the median.
She did not believe there should be such construction and also believed Council
should clearly state that the oak trees are to be saved.
The City Engineer noted that as part of the original subdivsion there was paving
near the two large oaks in front of parcel two. However, this was not a factor
October 6, 1993
Regular Meeting
14
regarding this lot line request and it should be noted that it could be analzyed later.
As a condition of approval it would have to be met before Lot 2 could be sold. He
recommended deferring the decision on the driveway issue to the Site
Development hearing on this project.
Bob Owen, applicant's contractor, stated that the purpose of the lot line request was
because his client who was in the process of purchasing Lot #1 wanted the large oak
which was presently on Lot #2 to be on Lot #1. Mr. Owen commented that this
would make Lot #1 better aesthetically and probably make Lot #2 better from the
Town's point of view because it would be smaller. He referred to the renderings
which he had submitted to Council which showed building sites with minimal tree
removal. The most trees they would remove would be six. On the subject of a path
along Page Mill, Mr. Owen thought that this would be a dangerous location for a
path.
Meg Jones, applicant, referred to the pathway issue and noted that a right of way
dedication had been made but not put in as the path had nowhere to go.
Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, commented
that the path was in the conservation easement but the connecting path was needed.
She referred to the Planning Commission's denial of this request for a lot line
adjustment noting that the lot line was originally established to save trees. Mrs.
Gottlieb also noted that this lot line would result in a premier lot and a lesser lot
which would be restricted in what could be done on it.
Biatte Diam, Cornish and Carey, noted that she would be selling Lot #2 and she
agreed with Bob Owen that a smaller house would be placed on that lot in part
because of the noise from Page Mill Road. She agreed that it would be a restricted lot
for several reasons but did not see that this would be a problem.
Robin Knutson, 27999 Via Ventana, noted that if this lot line were approved, Lot #1
would become 2.38 acres. She wanted to be sure that this could not result in a
further subdivision of Lot #1. Council assured her that Lot #1 would not be able to
be subdivided.
Council discussed the alternative plans presented by Mr. Owen. Tryon commented
that the Planning Commission had been rightfully concerned about possible
removal of oak trees but she believed the applicant had addressed this issue with the
new plans. Council also noted that they had received several letters from neighbors
who were also concerned about the removal of trees.
October 6, 1993
Regular Meeting
15
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the request for a parcel map for a lot line
adjustment for Lands of Jones at 27994 and 27886 Via Ventana based on the
submission of a map showing protection of the oak trees and the undergrounding of
utilities.
11.2 Adoption of New Schedule of Fees for the Town (continued from the
September 1, 1993 Council Meeting) -- Reso #
The City Manager commended the Town Planner and the Director of Public Works
for doing an excellent job on the new fee structure.
Council reviewed the fee recommendations before them. Dauber inquired about
fees for small projects and referred to a memo on this subject Bob Johnson had
written in June of 1992. She referred to a small fencing project she had just done
and with the new fees the fee would be $450 for a $500 fence. Dauber recommended
that a list of projects be formulated that could be done over the counter. The Town
Planner responded that the Code required review of all permits. Therefore the Code
would need to be modified to eliminate small projects from this requirement.
Siegel recommended merging zoning and site development review and it was
agreed the Town Planner would prepare a proposal for such a merger. Council
further discussed proposed fees for real estate reviews, lot mergers, lot line
adjustments and building permits.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed by the following roll call vote to adopt Resolution #70-93 adopting a new
schedule of fees for the Town with the reduction of a real estate review from $225 to
$100 and the direction to the Town Planner to report back on a merger of zoning and
site development review fees and fees for small projects.
AYES: Mayor Johnson and Councilmembers Hubbard, Siegel and Tryon
NOES: Mayor Pro Tem Dauber
12. ADIOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 12:25 a.m.
RQespectfu yvubmitted,
Patricia Dowd
City Clerk
The minutes of the October 6, 1993 Regular City Council Meeting were
approved at the October 20, 1993 Regular City Council Meeting.
October 6, 1993
Regular Meeting
16