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HomeMy WebLinkAbout12/15/1993Minutes of a Regular Meeting December 15, 1993 Town of Los Altos Hills City Council Meeting Wednesday, December 15,1993,6:00 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 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Johnson and Councilmembers Dauber, Hubbard and Tryon Absent: Councilmember Siegel Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson, Engineering Technician Sheryl Koff and City Clerk Pat Dowd Press: Jan Shaw, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Town Standing Committee Mr. Berin Fank, 12625 Viscaino Court, addressed the Council concerning his willingness to serve on either the Pathways Recreation and Parks Committee or the Safety Committee. He was interested in participating and in response to a question from Council would be willing to serve as Chairman of either committee. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to appoint Berin Fank to the Safety Committee for a two year term. 2.2 Appointment of Youth Commissioner December 15. 1993 �, Council had received two applications for the position of Youth Commissioner. Dauber suggested changing the position from Youth Commissioner to Youth Commission and appointing a representative from each of the schools (Gunn, Pinewood, Mountain View and Los Altos) to the Commission. Shana Barchas, 27142 Elena, commented that she was a student at Gunn High School and was interested in serving as the Town's Youth Commissioner. She believed this was an interesting position and one of her goals would be to set up a service for jobs for teenagers (such as a bulletin board for babysitting, gardening, etc.). Sarah Wilson, 27600 Altamont, noted that she was a student at Pinewood and believed it was important to get involved in community service. She believed there were a lot of worthwhile projects which students could work on together. Council thanked both of the candidates for this appointment. They hoped that although only one could be appointed to the position, both would work together on projects of interest. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and passed unanimously to appoint Sarah Wilson as Youth Commissioner and to suggest that Shana and possibly representatives from Los Altos and Mountain View high schools work with Sarah on a proposal to Council of projects of interest. 3. PLANNING COMMISSION REPORT Planning Commissioner Emily Cheng reported that in addition to the planning items on the agenda, the Planning Commission had also discussed the pathway element of the General Plan. 4. CONSENT CALENDAR Items removed: 4.3b (Eric Spangenberg), 4.4 (Tryon) and 4.5 (Dauber) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: November 29, 1993 (Special Meeting) December 1, 1993 (Regular Meeting) 4.2 Approved Warrants: $36,893.78 (12/2/93) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on December 8, 1993: December 15, 1993 4.3a Lands of Doran, 24920 La Loma Court: approved request for a Site Development Permit Modification of a Condition of Approval 4.3c Lands of Beigler, 14780 Manuella Road: approved request for a Site Development Permit for a major addition, remodel and detached studio 4.3d Lands of Lohr,12105 Oak Park Court - Lot 3: approved request for a Site Development Permit for a new residence 4.6 Denied Claim -- Merlyn Stubbs 4.7 Adopted Solid Waste Franchise Agreement -- Reso #194 Items Removed: 4.3b Lands of Helliwell, 2240 Old Page Mill Road: approved request for a Site Development Permit for a major addition including a secondary unit Eric Spangenberg, attorney representing Mrs. Spangenberg at 2100 Old Page Mill Road, referred to his letter to the Council dated December 15th and asked for clarification of the appeal process. He outlined the difficulties he and his mother had had in obtaining the reports and plans on the project. He referred to the Town's ordinances and the rights of the neighbors and did not believe the ordinances were being adhered to by the Town. Mr. Spangenberg further did not believe it was right that they should have to pay an appeal fee to have this matter heard. Hubbard asked that this application be set for review by the Council. 4.4 Approval of letter to residents advising them of change in General Municipal Election date Council discussed various options for advising the registered voters in the Town of the change in election date. One option was a postcard but Tryon recommended that the entire ordinance be sent. By doing this, she believed the reasons for changing the date would also be included. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to send each registered voter in Town a December 15, 1993 complete copy of Ordinance #365 requiring the General Municipal Election to be consolidated with the Statewide General Election. 4.5 Clarification of Council action regarding the earlier request for approval for naming streets in the Taaffe subdivision The Director of Public Works asked for clarification of a Council action taken on this issue in July. At that meeting Council had stated that if the lots in this Taaffe subdivision were vacant the street names were approved. However, if the lots were privately owned, then a public hearing would be required. The Director of Public Works explained that the lots in question were all owned by members of the Taaffe family and they had signed a letter requesting and agreeing to this change of names. Was this sufficient or did Council want a public hearing scheduled? MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve changing the street names in the Taaffe subdivision at 12308 Concepcion Road to Via Arline and Elsie Way. 5. UNFINISHED BUSINESS 5.1 Adoption of Ordinance repealing sections of the Los Altos Hills Municipal Code regarding bicycles (SECOND READING) �r MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dauber and passed unanimously by all members present to waive further reading and to adopt Ordinance #366 regarding bicycles. 5.2 Adoption of Ordinance of the Town of Los Altos Hills regarding animals (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Tryon and passed unanimously to waive further reading and to adopt Ordinance #367 regarding animals. 6. NEW BUSINESS 6.1 Request for reimbursement of Town charges from Ramona Chown Council had received a request from Mrs. Chown for reimbursement of $236.25 charged for legal fees in connection with her site development permit. The staff report explained the staff time spent on this application and included the December 15, 1993 recommendation that this request be denied. It was also explained that the delay in L. sending Mrs Chown her bill was the result of some questions at the staff level of her bill with clarification needed from the City Attorney's office. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to deny the request for reimbursement of Town charges from Ramona Chown but to direct the City Manager to send Mrs. Chown an apology for the delay in sending her the bill. 6.2 Request to remove a 34" diameter Valley Oak from the Lands of Naumann, 27301 Black Mountain Larry Richmond, representing applicant, addressed the conditions of approval and the arborist report. He explained why they believed this tree was dangerous and needed to be removed. The owner had two small children and it was a serious concern which they believed needed to be addressed. Barrie Coate, horticultural consultant, addressed the condition of the oak tree under discussion. He stated that the health and structure of trees were two different issues. It was his opinion that the structure of this tree was terrible and the tree which was decayed was ready to fall down. He recommended that it be removed. However, he did not feel the proposed construction should affect the other oak. Mr. Coate noted that he had worked with the City of Saratoga on protection of oak trees and he would be glad to discuss with the Town at no charge how other cities address this issue. Dauber stated her concerns about the protection of the other oak tree on the property. She addressed the exact location of this tree and recommended that the plans show the canopy of the tree and not just the trunk. For future protection of such trees, she suggested that the arborist's reports be obtained prior to approval of the project. PASSED BY CONSENSUS: To amend Condition of Approval Number 1 by changing the reference to 15 gallon oaks to 24" box and to add a condition stating the following: "Before proceeding with the house plans applicant will submit a report from a certified arborist stating that if the house is built the second oak will have a reasonable capability of survival. A plan of action will be followed during construction." December 15, 1993 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the request to remove a 34" diameter Valley Oak from the Lands of Naumann at 27301 Black Mountain subject to the conditions of approval as recommended by the Planning Commission and amended by Council. 7. REPORTS FROM COMMITTEES. SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Residential Design Guidelines Subcommittee Dauber asked for Council comments on the page proposed for the Design Guidelines booklet on slope density. Council agreed that former Planning Commissioner Art Lachenbruch should be asked to write the section on slope density. Dauber also noted that the artist had all the changes and a final draft would be produced. When the committee who was scheduled to meet in early January was satisfied with the draft, it would be brought back to Council for review. After that Mayor Johnson would prepare the index. 7.2 Town Handbook Subcommittee Tryon had for Council's comments the proposed cover art for the handbook. Council agreed with the duo -tone colors. 7.3 Quarry Subcommittee 7.4 Water District Subcommittee The City Manager reported that the request for proposals had been sent to the Water District and the RFPs from both the Town and the Water District had been sent to four or five contractors. Proposals should be back by January 5th. 7.5 Packard Subcommittee 7.6 Composting Subcommittee Dauber reported that articles were being included in the Town Crier and January 7th was the deadline for submitting applications for the composting program. 7.7 Database Subcommittee 7.7.1 Approval of Consultant for Phase II of the Parcel Database Program ` December 15, 1993 Council discussed the recommendation from the Council database subcommittee that the City Manager be authorized to enter into an agreement with Watertechnics Macintosh Systems Development for an amount not to exceed $20,000. Dauber believed that what was being proposed here was the computerization of the planning department and what the Council actually wanted at this time was a parcel data base. She would like to see project done in stages with the parcel data base being the first phase. Dauber also stated that she would like to see the different phases defined and given a cost. She did not agree with approving a project at a cost not to exceed. Tryon noted that for years she had wanted a parcel data base but she questioned what the $20,000 cost. She did not agree with spending $20,000 at this time for a system that might change and be out of date. Dauber, Hubbard and Tryon all agreed that it was more important to get current information on a lot in the data base rather than to focus on the historical information of a lot. Council also discussed scheduling a workshop on the parcel data base when that phase had been completed and then making a decision as to how to proceed. PASSED BY CONSENSUS: To continue this item with direction to the Council database subcommittee to review the comments raised by Council including the definition of certain phases of this project with specific costs attached to each stage and to report on the complete costs involved with this project. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney The City Attorney asked that Council add an urgency item to the agenda. This item would be a closed session on the landfill fee issue. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to add a closed session on to the agenda as an urgency item. 8.3 City Clerk 8.3.1 Report on Council Correspondence dated December 10, 1993 December 15, 1993 9. COUNCIL -INITIATED ITEMS 9.1 Community Policing Effort (Councilmember Tryon) Tryon believed the Council should encourage the stability of the same deputies being assigned in the Town. She particularly referred to Deputy Bart Bacolini who had been assigned to the Town for eleven years. Since that time he had been injured on the job and had been out for three years. Tryon suggested that the Council adopt a policy for commending these deputies. PASSED BY CONSENSUS: Council adopted the policy that law enforcement officers who were assigned to the Town for five or more years would receive a Certificate of Appreciation from the Town. Those who had been assigned to the Town for ten or more years would receive a framed picture of the Town Seal. With the adoption of this policy it was further agreed that a picture would be prepared for Deputy Bacolini. 9.2 Planning Commission Attendance (Councilmember Tryon) Tryon commented on the attendance record at Planning Commission meetings. She suggested that the Mayor check the record and contact any Commissioner who has missed half of their meetings. 9.3 City Manager's Review (Councilmember Tryon) Tryon was advised that the City Manager's review was scheduled for January. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a new residence, pool, spa and tennis court, Lands of Lohr, 24001 Oak Knoll Circle (continued from December 1, 1993 Council Meeting) Council had before them the Town Planner's staff report which noted that the applicant had submitted a redesign of this project which addressed the concerns raised by Council at the last meeting. This redesign included moving and lowering the house, showing all hardscape on the plans and proposing a partial landscape plan to mitigate the visual impact from Prospect. Staff recommended approval. December 15, 1993 Dauber stated her concerns about the development area on this lot being at the maximum. In her opinion if anything was changed, the owners would be coming in for a variance. She did not have any problems with the house but did believe approving the pool at this time was premature. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Dauber to approve the tennis court and house for Lands of Lohr at 2401 Oak Knoll Circle subject to the recommended conditions of approval but to not approve the pool at this time and to bring it back with the landscape plan. Steve Lohr, applicant, explained the redesign which they had submitted to Council. He believed all of the issues raised by Council had been addressed. He did note however they their clients felt it was important to keep all of the recreational area together and they were not in agreement with the pool being placed behind the house. He also would like to see the pool approved at this time but the siting of the pool could be done at site development. Jerry Lohr, applicant, noted that they would be coming back to the Council with the rest of this subdivision and certainly would not go over the allowed development on this lot. PASSED BY CONSENSUS: To amend Condition 12c to read: "Fencing and/or other 4 safety precauations are strongly recommended." PASSED BY CONSENSUS: To amend Condition 12d to read: 'Equipment shall be fully enclosed for noise mitigation." MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to approve the site development permit for a new residence, lap pool and tennis court for Lands of Lohr, 24001 Oak Knoll Circle, subject to the conditions of approval as recommended by the Planning Commission and amended by Council. AYES: Mayor Johnson and Councilmembers Hubbard and Tryon NOES: Mayor Pro Tem Dauber ABSENT: Councilmember Siegel 12. 12.1 Real Estate Negotiations- Pursuant to Government Code Section 54956.8 -- Westwind Barn December 15, 1993 12.2 Pending Litigation: Pursuant to Government Code Section 54956.9(a) - City of Cupertino et al v. City of San lose 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:40 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the December 15, 1993 City Council Meeting were approved at the January 19, 1994 City Council Meeting. December 15. 1993 10