HomeMy WebLinkAbout10/20/1993 (2)�w Minutes of a Regular Meeting
October 20, 1993
Town of Los Altos Hills
City Council Meeting
Wednesday, October 20, 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 6:15
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
Press: Jan Shaw, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Discussion with Sun Country Cable Staff on Loss of Channel 7 and
Current Federal Cable TV Laws.
Lyn Simpson, Sun Country Cable, addressed the Council concerning the recent cable
television legislation and specifically the issue of Channel 7 choosing not to be
available to the residents of the Town. Ms. Simpson reported that agreements had
been reached with the other stations but Channel 7 chose not to participate. She
noted that part of the agreement with the other stations who chose either to pay for
equipment or waive the second channel option included the section that if a
different agreement was reached with Channel 7 they would all receive the same
conditions. Ms. Simpson noted that this could be very costly to the residents ($1 - $2
per customer) and she did not feel comfortable passing this increase along. In
addition, Ms. Simpson addressed such issues as reasonable rates for cable television,
benchmark rates which included number of subscribers and number of channels,
%W October 20, 1993
Regular City Council Meeting
cost of service rules, must carry stations and retransmission consent. She stated that
the negotiations with Channel 7 were being conducted out of their New York parent
company and they did not appear very interested in carrying Channel 7 in the
Town. Ms. Simpson reported that she was still in the process of negotiating and
hoped for a resolution by the beginning of November. If agreement was not reached
by that time, a switch was available for cable customers which would allow them to
manually switch to Channel 7. Council also asked Ms. Simpson for clarification of
the number of stations carried and the franchise fee. Dauber noted that no streets
for cable tv were being added along Page Mill and she recommended the company
look at this area. Council also mentioned a couple of stations including 41 and 25
which were getting poor reception.
Terry Goldman, 12385 Melody Lane, asked if it would be worthwhile to place an add
in the Wall Street Journal since the parent company was in New York. She also
suggested a questionnaire to the customers of cable in the Town concerning the
possible increase in cost. She for one would not object to the increase.
Jerry Arden, 24911 Prospect, commented on satellite direct television which would
be available in December.
In response to Ms. Goldman's suggestion, Ms. Simpson commented that a survey
was going out with the current billing and residents would have an opportunity to
express their opinions.
3. PLANNING COMMISSION REPORT
4. CONSENT CALENDAR
Items Removed: 4.1 (9/14/93 Regular Minutes - Tryon, 10/6/93 - Adjourned Regular
- Dauber and 10/6/93 Regular Minutes - Tryon), 4.2a (Siegel), 4.2c (Siegel), 4.34
(Town Planner)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to approve the balance of the Consent Calendar, specifically:
4.1 Approved Minutes: September 14, 1993 (Adjourned Regular)
4.2 Decided Not To Review the following Planning Commission Action at Its
Meeting on October 13,1993:
4.2b Lands of Wong, 28368 Christopher's Lane: approved request for
a Site Development Permit for a second story addition.
October 20, 1993
Regular City Council Meeting
`� 4.3 Approved Notice of Completion, Byrne Preserve Fence Project -- Reso
#71-93
4.4 Accepted dedication for pathway at 27900 Black Mountain Road --
Reso #72-93
4.5 Accepted dedication for pathway at 27860 Black Mountain Road --
Reso #73-93
4.6 Accepted dedication for pathway at 27844 Black Mountain Road --
Reso #74-93
4.7 Accepted dedication for pathway at 10723 Magdalena Road -- Reso #75-93
4.8 Accepted dedication for pathway at 10779 Magdalena Road -- Reso #76-93
4.9 Accepted dedication for pathway at 25700 Bassett Lane -- Reso #77-93
4.10 Accepted dedication for pathway at 11511 Summitwood Road -- Reso
#78-93
4.11 Accepted dedication for pathway at 26565 Altamont Road -- Reso #79-93
4.12 Accepted dedication for pathway at 26535 Altamont Road -- Reso #80-93
4.13 Accepted dedication for pathway at 27040 Dezahara Road -- Reso #81-93
4.14 Accepted dedication for pathway at 26495 Altamont Road -- Reso #82-93
4.15 Accepted dedication for pathway at 27022 Dezahara Way -- Reso #83-93
4.16 Accepted dedication for pathway at 27010 Dezahara Way -- Reso #84-93
4.17 Accepted dedication for pathway at 26385 Altamont Road -- Reso #85-93
4.18 Accepted dedication for pathway at 26958 Dezahara Way -- Reso #86-93
4.19 Accepting dedication for pathway at 26970 Dezahara Way -- Reso #87-93
4.20 Accepted dedication for pathway at 26946 Dezahara Way -- Reso #88-93
4.21 Accepted dedication for pathway at 26934 Dezahara Way -- Reso #89-93
4.22 Accepted dedication for pathway at 26922 Dezahara Way -- Reso #90-93
October 20, 1993
Regular City Council Meeting
3
L 4.23 Accepted dedication for pathway at 26910 Dezahara Way -- Reso #91-93
4.24 Accepted dedication for pathway at 26898 Dezahara Way -- Reso #92-93
4.25 Accepted dedication for pathway at 26884 Dezahara Way -- Reso #93-93
4.26 Accepted dedication for pathway at 26870 Dezahara Way -- Reso #94-93
4.27 Accepted dedication for pathway at 26871 Dezahara Way -- Reso #95-93
4.28 Accepted dedication for pathway at 26883 Dezahara Way -- Reso #96-93
4.29 Accepted dedication for pathway at 26911 Dezahara Way -- Reso #97-93
4.30 Accepted dedication for pathway at 26995 Dezahara Way -- Reso #98-93
4.31 Accepted dedication for pathway at 27011 Dezahara Way -- Reso #99-93
4.32 Accepted dedication for pathway at 27033 Dezahara Way -- Reso #100-93
4.33 Accepted dedication for pathway at 26996 Dezahara Way -- Reso #101-93
4.35 Granted request for Extension of Site Development Permit for a landscape
permit, Lands of Quattrone, 13432 Middlefork Lane
Items Removed:
1. Approval of Minutes: September 14, 1993 (Regular Meeting)
October 6, 1993 (Adjourned Regular)
October 6, 1993 (Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to approve the minutes of the September 14, 1993 Regular City
Council Meeting with the following correction: page 8, Item 9.1, delete the following
motion: "Moved by Dauber, seconded by Siegel and passed unanimously to add the
following exeption to the Council policy on double access driveways adopted on July
7,1993: Double access driveways may be approved where the lot has a LUF of 2 or
greater."
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and
passed unanimously to approve the minutes of the October 6, 1993 Adjourned
Regular Meeting with the following correction: page 2, fourth paragraph, fifth
sentence should be changed to read: "Mr. Vetterlein stated that one of the goals of
the committee was to attend Council Meetings. While Council believed this was
commendable, they noted it was not required."
October 20, 1993
Regular City Council Meeting
f MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
�W passed unanimously to approve the minutes of the October 6, 1993 Regular City
Council Meeting with the following correction: page 7, add the following statement
after the last motion: "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."
4.2a Lands of Jabbour, 24704 Voorhees Drive: approved request for a
Site Development Permit for a new residence, pool and tennis
court.
Siegel stated that he was very concerned about this project being at the
maximum amounts allowed for development and Floor areas. He asked
that this application be set for review by the Council.
4.2c Lands of Arden, 24911 Prospect Avenue: approved request for a
Site Development Permit for a major addition and remodel
Siegel inquired about the human habitation restrictions when an earthquake fault
was involved. The Town Planner reported that the siting of this house was
addressed by both the Town Geologist and the project geologist and a resolution was
reached to everyone's satisfaction.
Jerry Arden, applicant, asked for clarification of the ten foot dedicated path and it
was agreed he should meet with staff to discuss this issue.
PASSED BY CONSENSUS: To concur with the Planning Commission's approval of
the request for a site development permit for a major addition and remodel for
Lands of Arden at 24911 Prospect Avenue.
4.34 Request for Extension of Site Development Permit for a new
residence, Lands of Scott, 27860 Black Mountain Road
PASSED BY CONSENSUS: To concur with the Town Planner's recommendation to
continue this item to the next Council Meeting.
5. UNFINISHED BUSINESS
5.1 Request for review of Final Map Certificate of Correction for the
McCulloch Subdivision, J. Lohr Properties, Oak Knoll Circle and
Stonebrook Road (continued from October 6, 1993 City Council Meeting)
October 20, 1993
Regular City Council Meeting
Council had before them the Town Planner's staff report which noted that the
request from the applicant concerning human habitation setbacks had been
reviewed by the Town Geologist. It was his opinion that it was not necessary to
prohibit all non -habitable structures from being constructed in the human
habitation setback building line areas. Rather discretion should be used and the
Town should review projects on a case by case basis.
Dauber noted that this issue only addressed earthquake faults. She was equally
concerned about what went in the human habitation setbacks regarding sound,
noting that these were extremely sensitive lots. She stated that she would like to see
a requirement that recreation areas on a lot be located in the quiet parts of the lot.
Council discussed the value of the Site Development Process and the review of each
lot on an individual basis.
Steve Lohr, applicant, addressed the Council concerning his request for a change in
the final map certificate. He also answered Council's questions on which lots were
affected by earthquake faults. In response to Dauber's request that outdoor living on
the lots be located on the quiet part of the lots, he asked that this not be specifically
conditioned but that each lot be considered on its own merits. He did note that he
was striving toward complying with all of the Town's regulations concerning this
request in particular and the subdivision in general. In response to an inquiry from
` Siegel concerning the path across from his office on the site, Mr. Lohr reported that
�w the path would be restored before the onset of the rainy season. Mr. Lohr also
acknowledged Tryon's suggestion of creeping fig for fence cover.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed by the following roll call vote to approve the following wording to the last
two paragraphs of the Final Map Owner's Certificate for the McCulloch Subdivision:
"We also hereby dedicate to public use conservation easements, public access
easements, emergency vehicle access easements, pathway easements, public utility
easements (P.U.E.), sanitary sewer easements, slope easements, and storm drain
easements lying in, on, over, under and along those parcels of land so designated on
this map. Said easements are to be kept open and free of buildings and structures of
any kind except for lawful fences and utility structures within the utility easements.
We also hereby dedicate to the Town of Los Altos Hills human habitation setbacks
as shown upon this map, and agree to keep said setbacks free of any buildings and
structures that would allow human habitation."
AYES: Mayor Johnson and Councilmembers Hubbard, Siegel and Tryon
NOES: Mayor Pro Tem Dauber
October 20, 1993
Regular City Council Meeting
4� Dauber did not believe there was sufficient information regarding human
i, habitation setbacks and noise.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to direct staff to prepare a policy statement on human
habitation setbacks.
6. NEW BUSINESS
6.1 Approval of Ground Lease Agreement with Bay Area Cellular
Telephone Company -- Reso #
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and
passed unanimously to adopt Resolution #103-93 approving and authorizing
execution of a ground lease between the Town and Bay Area Cellular Telephone
Company subject to the inclusion of the first addendum to the ground lease dated
October 14, 1993 including the correction made by the City Attorney to delete the
following words in section 20.15 of the addendum: 'subsequent to execution of the
lease by BACTC'.
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
7.1 Pathways Recreation and Parks Committee: Update from October
1993 to October 1994
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson
and passed unanimously to accept the report from the Pathways
Recreation and Parks Committee dated October 1993 with thanks to the
committee for all of their work and contributions to the Town.
7.2 Residential Design Guidelines Subcommittee
Dauber reported that a final draft should be available by the 25th and the
Planning Commission planned to review it at their meeting on October
27th. The Council would then review it at their meeting on the 3rd of
November and a meeting was scheduled for public input on November
4th.
7.3 Handbook Subcommittee
Tryon commented on using recycled paper for the handbook. In addition she
had a mock up of the handbook for Council's review and comments.
October 20, 1993
Regular City Council Meeting
Council did note that the handbook was slightly larger than the standard 8 1/2"
x 11" and Tryon stated she would bring this to PRX's attention. Council
further commented on the sketches and color schemes. Tryon noted that
the realtors would be advised when the handbooks were ready and that
they would be available for a charge.
7.4 Quarry Subcommittee
Siegel reported that Jim Sisk had been appointed principal agent for the quarry
project by John Vidovich. Mr. Vidovich was advised that he should
reiterate in writing what the status of the hauling on Stonebrook was.
Siegel also reported that he asked Mr. Vidovich for a reading of the level
of the lake before the rainy season and had not received it.
8. STAFF REPORTS
8.1 City Manager
8.1.1 Town Newsletter
Tryon asked for a status report on the newsletter. The City Manager reported
that he had spoken with Aid Mailing and he was going to compare the
Town's mailing list with what they used. If the addresses that were
missed could be separated out, they would be sent a newsletter. If they
could not it was possible an entirely new mailing would have to be done.
Tryon stated her serious concerns about this entire project. Aid Mailing
should be responsible for proving they mailed the newsletter correctly and
in the meantime should not be paid by the Town for an extremely poorly
handled project. It was not only a question of the mailing but of
thousands of dollars for set up, printing and postage. Tryon further clearly
stated that Aid Mailing should not receive a copy of the Town's mailing
list but rather they should be prepared to produce their list. Siegel stated
that if another copy of this newsletter was mailed it should include an
insert explaining the situation and Hubbard believed Aid Mailing should
be approached to pay for all of these expenses.
8.1.2 Voice Mail
In response to an inquiry from Tryon, the City Manager reported that he was
going to obtain additional bids for this project. It turned out that the
system that was investigated would not work for the Town. If installed it
would completely max out the current system.
8.2 City Attorney
`. October 20, 1993
Regular City Council Meeting
v 8.3 City Clerk
8.3.1 Report on Council Correspondence dated October 14, 1993
Siegel noted that he had asked that the letter from Mr. Barnett on
Stonebrook traffic be sent to John Vidovich and Supervisor
McKenna.
8.3.2 Planning Commission Public Packet
The City Clerk reported that a public packet from the Planning
Commission meeting would be available in her office
immediately after the Commission Meeting for Council's
refererence.
9. COUNCIL -INITIATED ITEMS
9.1 Request for reconsideration of Council action from their meeting on
October 6, 1993 on the granting of a variance and site development
permit for a gate and pillars for Lands of Puri, Viscaino Road
(Mayor Pro Tem Dauber)
Dauber stated her concerns about the Council's motion at their October 6th meeting
regarding Lands of Puri. At that meeting the Council approved a site development
permit and variance for entry pillars and gate for Lands of Puri subject to the
findings as recommended by the Planning Commission with the stipulation that
the applicant apply for status as a Town Historical Landmark. It had been her
understanding that included with this motion was that the conditions of approval
as recommended by staff would also have to be met by the applicant. She believed it
was irresponsible of Council to ignore these recommended conditions. Tryon also
thought the staff conditions were included in the motion and did not understand
why the original conditions had been removed by the Planning Commission.
Johnson, Hubbard and Siegel had understood that the conditions had not been
included and the motion should stand as adopted by Council. They did not believe
it was right to come back two weeks later and modify the Council's direction to the
applicant.
Mr. Puri, applicant, explained that the Commission supported his project and based
on what he had done had not felt it necessary to impose specific conditions.
Dauber pointed out that the conditions were standard such as repairing any damage
to the paths. Staff pointed out that there already was some damage to the path and
Mayor Johnson stated that he was sure the Puris would repair any damage.
October 20, 1993
Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson
and passed by the following roll call vote to take no action on the October 6, 1993
Council decision to approve a site development permit and variance for entry
pillars and gate for Lands of Puri subject to the findings as recommended by the
Planning Commission with the stipulation that the applicant apply for status as a
Town Historical Landmark.
AYES: Mayor Johnson and Councilmembers Hubbard and Siegel
NOES: Mayor Pro Tem Dauber and Councilmember Tryon
9.2 Emergency Preparedness (Councilmember Tryon)
Tryon reminded the City Manager that it was important for the Town's emergency
preparedness to have two or three helicopter landing sites.
9.3 ABAG General Assembly (Councilmember Tryon)
Tryon referred to the November 18th General Assembly on "Government's Broke -
Let's Fix It". She noted that she had some suggestions regarding joint powers
agreements which she would like to share with anyone who was going to this
conference.
9.4 League of California Cities (Councilmember Tryon)
Tryon noted that she had been invited to serve as Chairman of the Committee on
Public Safety of the League and also to be a part of the Task Force on Investing in our
Youth.
9.5 Sign on 280 (Mayor Pro Tem Dauber)
Dauber was pleased to report that the construction sign on 280 she had been
concerned about related to landscaping not to a soundwall.
9.6 Elections (Councilmember Tryon)
Tryon noted that in 1996 the Primary Election date was going to be changed from
June to March. She asked that the Town's election date be agendized for discussion
by the Council.
9.7 Planning Commission Decisions (Councilmember Hubbard)
October 20, 1993
Regular City Council Meeting
10
Hubbard asked for clarification concerning Council only seeing approvals not
denials by the Planning Commission of applications on the Consent Calendar.
Council agreed only approvals should be listed on the Consent Calendar. It was
pointed out that a Councilmember could appeal a denial without paying a fee.
10. PRESENTATIONS FROM THE FLOOR
Philip Dauber, Member of the Finance Committee, reiterated his concerns that the
recently approved fee schedule and the capital improvements budget had not gone
to the Finance Committee for review and recommendation. He questioned
whether the Finance Committee should be disbanded.
Tryon stated that this had been an oversight on the part of staff and in the future the
Finance Committee would be contacted regarding such financial issues. Mayor Pro
Tem Dauber recommended that the capital improvements budget and the quarterly
review be scheduled for this time of year and reviewed by the Finance Committee.
11. PUBLIC HEARINGS
11.1 Request for Approval of Negative Declaration, Lot Merger, Conditional
Use Permit, Conditional Use Permit Modification and Site Development
and Zoning Permits, Bay Area Cellular Telephone Company, Purissima
and Viscaino Roads
Lillian Henderson, 27020 Purissima, noted that they lived near the proposed site and
would like some clarification of the project. In particular she asked about the size
and whether or not it would interfere with their television reception.
Mike Mangiantini, representing Bay Area Cellular Telephone Comany, commented
on the size of the antenna and noted that they were highly regulated by the FCC.
The City Attorney also noted that there was a clause in the agreement that stated if
there was any interference, the agreement would be cancelled.
Dauber raised the issue of landscaping noting that the picture of the project showed
only two trees. It was noted that a landscape plan for the project would be required.
Staff referred specifically to condition five which addressed the landscape plan and
stated that no trees would be removed.
Les Earnest, 12769 Dianne Drive, commented on the technology involved with
cellular phones specifically noting the capability of caller identification.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to approve the requested Conditional Use Permit, Conditional
October 20, 1993
Regular City Council Meeting
I1
4
Use Permit Modification, Site Development and Zoning Permit, subject to findings
and conditions of approval as recommended by the Planning Commission with the
correction to condition 10 to read"....Advanced Mobile Phone System AMPS or
digital mobile phone system...."; and to certify the proposed negative declaration as
recommended by the Planning Commission for the Bay Area Cellular Telephone
Company at Purissima and Viscaino Roads. In addition to approve the lot merger
as recommended by the Planning Commission for the Bay Area Cellular Telephone
Company at Purissima and Viscaino Roads.
11.2 Approval of Capital Improvements Budget -- Reso #___
Council noted that this budget had been discussed at the Adjourned Regular City
Council Meeting which had been held at 4:30 p.m. The capital improvements had
been discussed in detail at that meeting and modified. In response to an inquiry
from Dauber concerning cost of paving projects, the City Manager did note that the
paving projects generally cost more than the monies received from gas tax. It was
noted that this issue of the street fund/gas tax would be brought to the attention of
the Finance Committee.
Phil Dauber, member of the Finance Committee, commented on the $40,000
Lupine/Elena path project, ruing the giving up of the Dean easement and the fact
that the project would not have had to be done.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and
passed unanimously to adopt Resolution #102-93 adopting the Capital
Improvement Budget for Fiscal Year 1993-94 in the amount of $1,178,000.
12. ADIOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 10:00 p.m.
Reesspe��ctfully submitted,
Patricia Dowd
City Clerk
The minutes of the October 20, 1993 Regular City Council Meeting were
approved at the November 17, 1993 Regular City Council Meeting.
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October 20, 1993
Regular City Council Meeting