Loading...
HomeMy WebLinkAbout06/03/1992 ' Minutes of a Regular Meeting June 3, 1992 Town of Los Altos Hills City Council Meeting Wednesday, June 3, 1992, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey (arrived at 7:00 p.m.), Siegel and Tryon Absent: Councilmember Johnson Staff: City Manager Les Jones, II, City Attorney Sandy Sloan, Town Planner Linda Niles, Director of Public Works Jeff Peterson and City Clerk Pat Dowd Press: None Hubbard noted that the City Clerk had provided a report noting that the canvass of the returns for the June 2, 1992 Election may not be available for approximately two weeks. As soon as these final numbers were available the reorganization of the Council would be scheduled. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Clyde Noel noted that in addition to the planning items on the Council's Consent Calendar from their meeting on May 27, 1992, the following two items were also discussed and sent to Council for public hearings: Lands of Cole, 23219 Ravensbury - request for a conditional use permit for an existing commercial stable and Lands of Clasquin/Harslem, 13641 Paseo del Roble - request for a site development permit for a major addition, carport, walkway, deck and variance to exceed maximum floor area and maximum development area. Commissioner Noel commented that the Commission could not make the findings for the Clasquin/Harslem project. It was a pole house on a 30% slope and a variance to exceed maximum development area could be precedent setting. They were sending it to Council for direction. June 3, 1992 1 4. CONSENT CALENDAR Items Removed: 4.1 - 5/14/92 Minutes (Tryon), 4.1 - 5/20/92 Regular Meeting Minutes and 4.8 (City Clerk) and 4.6b (Hubbard) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tyron and passed unanimously by all members present to approve the balance of the Consent Calendar, specificially: 4.1 Approved Minutes: May 20, 1992 (Adjourned Regular Meeting) 4.2 Approved Warrants: $74,620.21 (5/18/92) $51,117.35 (5/29/92) 4.3 Adopted Ordinance #354 Adding Article 14 (Transportation Demand Management Programs) to Title 4 (Public Safety), Chapter 3 (Traffic) 4.4 Approved Revised Risk Coverage Agreement with ABAG -- Reso #15-92 4.5 Issued Proclamation Commending The Honorable Leonard Edwards as "Juvenile Court Judge of the Year" by the National Court Appointed Special Advocate Association 4.6 Declined To Review the following Planning Commission Actions at Its Meeting on May 27, 1992: 4.6a Lands of Becker, 14271 Miranda Road: request for a site development permit for a minor addition and a deck 4.6c Lands of Wooley, 12375 Melody Lane: request for a site development permit for a new residence, pool and hardscape 4.7 Issued Proclamation Commending Bill Abbey for his Contributions to Foothill College Items Removed: 4.1 Approval of Minutes: May 14, 1992 Adjourned Regular Meeting MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to approve the minutes of the May 14, 1992 Adjourned Regular Council Meeting with the following correction: page 3, Item 6, change the reference to the League of California Cities to the League of California Cities Public Safety Policy Committee. June 3, 1992 2 4.1 Approval of Minutes: May 20, 1992 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously by all members present to approve the minutes of the May 20, 1992 Regular City Council Meeting including the comments made by Dot Schreiner and Elayne Dauber under Presentations from the Floor. 4.6b Lands of Finn, 12002 Finn Lane: request for a site development permit for a decorative second floor widow's walk Hubbard expressed his concerns about the lighting issue on the Finn Project. The exterior flood lighting was quite prominent and Hubbard believed it should be reduced. He questioned whether this issue could be addressed separately or whether it would be more appropriate to decide to review this project to discuss the lighting. It was agreed that standards for lighting were included in the Site Development Ordinance and the issue could be addressed at that time. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously by all members present to decline to review the Lands of Finn, 12002 Finn Lane: request for a site development permit for a decorative second floor widow's walk 4.8 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 #_ The City Clerk noted that inadvertently Council had received an incorrect notice of public hearing as an attachment to the resolution on Los Altos Sewer Charges. A corrected notice had been provided at the meeting. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously by all members present to adopt Resolution #16- 92 setting 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 5. UNFINISHED BUSINESS 5.1 Clarification of Policy on Story Poles and Staking 4111/ June 3, 1992 3 Council had before them a report from the Town Planner which included 411W possible wording for a handout explaining the policy on building envelope staking and story poles. Siegel stressed the importance, in his opinion, of clearly marking the site to show the bulk of a proposed structure. He believed this included mowing the grass so the poles could be seen, marking any trees to be removed with a colored ribbon, and clearly connecting the poles to show the proposed bulk as well as the height. He also recommended adding the following preface to the Planner's possible wording for a handout: "The Town Planner may require staking and story poles when in her judgment this will assist the Planning Commission, Council and neighbors to better visualize the siting of the structure, its bulk and height. Highly visible sites, and residences approaching the maximum floor area are examples where this requirement will be of assistance." Hubbard suggested also providing an 8" x 11" site plan to explain the placement of the story poles in relation to the house. He also believed it was important to have poles mark the corners of the house up to the eave height but not necessarily to mark all corners of the house. Tryon believed that projects should be clearly marked for the full ten days prior to the public hearing and she also noted that this marking was much less expensive than requiring photo montages, etc. ilir Clyde Noel, Planning Commissioner, noted that one of the reasons the Planning Commission continued the hearing on the Lands of Young on Saddle Court was because they could not identify the proposed bulk of the house. Elayne Dauber, 27930 Roble Alto, believed the policy should state that staff would 'require' of applicant not that staff would 'request' of applicant to provide the staking. PASSED BY CONSENSUS: To continue with the present policy on story poles and staking including the comments made by Council concerning clearer marking of a project (ribbons, higher poles, mowed grass, 8" x 11" site plan), to specifically use the Young project on Saddle Court as an example of how this policy can be effective and to continue the specific wording of this handout on the policy while the next few projects are so marked to see how it works. Councilmember Casey arrived at the meeting at 7:00 p.m. June 3, 1992 4 6. NEW BUSINESS 411/ 6.1 Discussion of Maintenance of Street Trees Council had before them the Director of Public Works' staff report which noted that the Town's Code granted control of all street trees, shrubs and plants growing in a public right-of-way to the Town, but required that they be maintained by the property owner abutting the street. Furthermore the Code provided that the Town may notify a property owner of required maintenance on street trees, and that the Town may perform the work and backcharge the property owner for maintenance that has been requested but not performed by a specified date. Staff was requesting direction from Council concerning this Code section in that historically the Town had maintained the street trees within the Town's right-of-ways and the Town was now seeing an increase in the number of calls for maintenance of said trees. Council discussed several aspects of this issue including notifying residents in a polite manner that these trees needed maintenance, the cost and administrative time required to implement the program and the possible difference of opinions as to what types of maintenance were being requested. Tryon noted that the crew at one time had the responsibility of noting areas that needed maintenance while they were driving around Town on other projects. The City Manager suggested an article in the Town Newsletter mentioning the philosophy of the Town on this issue. Elayne Dauber, 27930 Roble Alto, commented that it was a small Town and we should not take on added responsibilities in this area as it could be very costly. PASSED BY CONSENSUS: To continue to maintain street trees under the current Town Ordinances. It was further agreed that the City Attorney would investigate whether costs for maintaining trees could be placed on the tax roll as weed abatement charges were. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Community Relations Committee: 1992 S'Bring In The Hills -- Final Report Council thanked the Community Relations Committee for all of their work on the Spring In The Hills and for an excellent report on this event. Certificates of Appreciation would be prepared for the Committee members. June 3, 1992 5 7.2 Pathways, Recreation and Parks Committee: Request for Adoption of an additional Site Development Condition Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, was requesting an additional Site Development Condition because historically dedication of easements had not been required until a project was finalled which had caused the Town to lose vital links. She further noted that some projects take years to complete or are never finalled. Mrs. Schreiner recommended adding the following as a standard site development condition: 'Prior to issuance of any building permits for this site, the owner shall dedicate feet for pathway easement to the Town along the (exact description of easement) and a legal description of this property shall be furnished. The Town shall provide the documents necessary to compelte the dedication procedure. A current title report is necessary to complete the applicant's portion of this condition." MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously by all members present to approve of the addition of the site development condition as recommended by the Pathways Recreation and Parks Committee in concept and to direct the City Attorney to review the wording of the condition and correct it as she thought appropriate. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 City Clerk 8.3a Report on Council Correspondence dated May 28, 1992 9. COUNCIL-INITIATED ITEMS 9.1 Request to Appoint Rory Kaplan as the Town's Representative on the Community Health Awareness Council MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously by all members present to appoint Rory Kaplan as the Town's Representative on the Community Health Awareness Council. June 3, 1992 6 41111, 9.2 Little League and Horsemens' Association Tryon asked the City Manager if he had met yet with the representatives from the Little League and the Horsemens' Association to resolve this issues raised at a recent Council Meeting. The City Manager responded that he had spoken with representatives of both organizations but a meeting of all parties had not been scheduled. 9.3 Measure H - Fire Retardant Roofing MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to add Measure H on Fire Retardant Roofing to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously by all members present to instruct staff to prepare an ordinance on fire retardant roofing, as approved by the voters by an advisory vote at the June 2nd election, including amending the Code to reflect the current building codes being used by the Town and also written so that the Council is not precluded from imposing additional fire requirements at Site Development. t� 9.4 Town Letterhead Tryon commented that she was very pleased with the new Town Letterhead. 10. PRESENTATIONS FROM THE FLOOR Ann Wilson, resident, asked who was responsible for the spraying of herbicides in Byrne Preserve and expressed her deep concern over this action. Since the spraying trees have died as well as animals. Birds and insects are no longer present and the herbicides will wash into the creek. She strongly believed there must be another way to get rid of poison oak such as cutting it back. Tryon asked that staff inspect the Preserve immediately, noting it was never Council's intention for the things Ms. Wilson described to happen. 11. PUBLIC HEARINGS 11.1 Request for Approval of a Site Development Permit for a New Residence and Swimming Pool, Lands of Mooring, 13791 La Paloma Road kir June 3, 1992 7 The City Manager noted that there had been some confusion after the Council packet had been prepared for this meeting regarding the Mooring application. A hearing on the application was noticed, but the original staff report had stated that the application had been received after the six months allowed by Council for review at the Council level and not back to Planning Commission. Therefore, this staff report stated the public hearing should not be held and the matter should be referred to the Planning Commission. However, the City Manager had been advised that apparently there had been some miscommunication with a staff member and the applicant had been advised that since he was only one day late the application could heard by Council. Thus a revised staff report on the application had been prepared for Council. David Mooring, applicant, stated that he found the way his application had been handled unacceptable. He had turned in his plans in May and did not understand why Council had just received them. He had also been before Council and Planning Commission about five times and had received specific suggestions regarding this project which he had followed. He noted that it was a flat lot which did not obstruct any neighbors's views. The proposed home was 24 1/2' high and 70' across the front. For comparison sake, Mr. Mooring referred to a house approved on La Paloma which had been built by Bob Owen. This house was 24 1/2' high and 140' across the front. Mr. Mooring also referred to his neighbor's house, the tliW Treichlers, which appeared to be 2 1/2 stories high. Mr. Mooring noted that indeed he had not been working with staff since November of 1991 because he had spent a lot of time and money doing so and staff was always contradicted by the Council. Therefore, he was dealing directly with the Council on his application. Mr. Mooring noted that he had staked the property before and he disagreed with Council changing comments made on his project at each meeting. Mr. Mooring noted he had spoken with four neighbors who were in agreement with his project and he had letters of agreement from Dean Chang, 13800 La Paloma and Akiye Kayo Io, 13531 La Paloma. He reiterated his request for findings that no two story homes would be permitted by Council on La Paloma and also requested that the minutes from the September 18, 1991 meeting on his project be included in the record of this meeting. John Glathe, 13801 La Paloma, stated his surprise that this application had again been brought forth for a two story house. It had been his understanding that Council had directed that it be a one story house. He noted that the proposed 24 1/2' house would obstruct his view and the garage also partially obstructed his view. Mr. Glathe did not believe that Mr. Mooring was addressing all of the issues and stated that the house should be one story, less bulky and lower in height. Mr. Glathe also noted that the staff June 3, 1992 8 report before Council had not been available when he was at Town Hall on Friday to review the packet information. John Treichler, 12692 Roble Veneno Lane, noted that his house had been approved about thirty years ago and was not visible from the street. The slide that Mr. Mooring had shown the Council was the exposed side view of the house which was the view Mr. Mooring had of his house. Mr. Treichler concurred with Mr. Glathe's comments. Bruce and Lorraine Avery, Adobe Lane, stated their belief that if Mr. Mooring was within the Town's guidelines he should be allowed to build his house. They did not understand why another applicant had been allowed to build and not Mr. Mooring. They noted the impact both of cost and time delays upon the applicant. Mrs. Marlene McCowen, Julietta Lane, asked if this was the same Council that had approved the Owen house on La Paloma which was larger than the one proposed by Mr. Mooring and, if so, what had changed in the three years since that project had been approved? Bart Nelson, Altamont Road, commented that he had subdivided some property on La Paloma about three years ago and it had been difficult to get through the process and to reach consensus on what was needed for the project. He had lived on La Paloma since 1949 and he believed inherent reasonableness was important as well as a spirit of cooperation. Mr. Nelson was concerned that this was not happening with Mr. Mooring's application. Beverly Wohlfort, 27060 Appaloosa, applauded Council for their time and patience on these issues. She appreciated their efforts to preserve the scenic corridors of the Town and understood that occasionally a project might be approved that did not turn out quite as planned, but that should not be a reason not to take care with the other applications. Siegel noted that he had just received the revised staff report and also noted that Council had approved a policy on staking projects and this proposed house had not been staked. He believed this was very important to show the bulk of the house and also believed it was important for the applicant to work with the staff. Casey stated that the applicant's project met the Town's ordinances; was well below the maximum floor area and maximum development area allowed on the lot; and had received approval from staff and the Planning Commission. The problem seemed to be at the Council level. Tryon asked the applicant why the distance was double between the house and the secondary dwelling and not from the road. Tryon also noted that Council approved approximately 20 homes a June 3, 1992 9 year and sixty to seventy remodels. Most of the applications, even those on difficult lots, were approved after careful consideration. However, it was the Council's responsibility to uphold the General Plan and Site Development Ordinance which had to be done in all cases. Hubbard also stated the importance of upholding the General Plan and ordinances and noted that this was the basis for their decisions on projects. The City Attorney noted that this was a new application before Council. The 11/6/91 application had been denied by the Council and there were no existing legal agreements with the applicant. In addition she stated that each application was considered on its own merit and staff recommended projects to the Council but did not "approve" projects. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to continue the public hearing on Mr. Mooring's request for approval of a site development permit for a new residence and swimming pool at 13791 La Paloma Road to the June 17, 1992 City Council Meeting and to encourage the applicant to work with the Town Planner on his application particularly on the issue of staking the property. AYES: Mayor Hubbard and Councilmembers Siegel and Tryon NOES: Councilmember Casey ABSENT: Councilmember Johnson 11.2 Reconsideration of Design Approval for Fencing at Byrne Preserve Hubbard explained that there had been a lot of miscommunications about the Council's decision to reconsider their earlier vote on fence design for Byrne Preserve. No one was considering a six foot high chain link fence but the present fence was in a state of disrepair and the horsemen were concerned about the use of barb wire. Public input was important and he suggested the alternative of a 4 x 4 wood post fence, 8' on center with 2 x 6 rail on top and bottom and with 2" x 4" wire stapled to board. Andy Compton, 27855 Via Ventana, stated that she was concerned about the noticing for this issue. She did not believe that noticing only 500 feet out from the fence and placing one notice at the Preserve was adequate. It was an open space preserve that belonged to everyone. She had submitted many letters to the Council that were given to her by concerned neighbors. Mrs. Compton asked who were the people who were concerned about the fence; there were only eight horses at the preserve and five of them did not belong to Town residents. She believed no fence was good but certainly the scenic corridors needed to be preserved and the rural nature of the Town. Mrs. Compton did note that they would like to receive the kir June 3, 1992 10 same consideration as the neighbors on La Paloma regarding the preservation of open space. Robert Hall, 12140 Foothill Lane, presented his reasons for supporting barb wire. He believed it was the most cost effective method and the one that required the least maintenance. He noted that fences had to be maintained to be effective. Mr. Hall further commented that there were 6,832 square feet around the preserve. Minus the 700 square feet at Westwind, there were 6,132 square feet of barb wire around the preserve and the area along Altamont under discussion was only 2,600 square feet. The estimated cost to fix the fence was $37,600 and it was for only 42% of the barb wire fence. Hidden Villa and Stanford used barb wire and he did not think it was right to spent money for aesthetic reasons and use horses as an excuse. Dot Schreiner, Chairman - Pathways Recreation and Parks Committee, commented that a fence was necessary for the preserve to keep four wheel drive vehicles and motorcycles out. The fence should not only keep horses in but also maintain an open visually pleasing atmosphere. The recommendation from their committee was for a double strand, non- barbed wire fence with four lines which in their opinion was more cost effective but required more maintenance. This type of fence also had the drawback that horses could lean on it and people could bend over and get lir through it. Marlene McGowen, Julietta Lane, commented that she would appreciate more notice on these issues. She also noted that her family owned cattle ranches and barb wire fences worked well. In addition to recommending the use of barb wire, she believed the project should be done as inexpensively as possible, using as open a fence as possible and also done at one time and not in two phases. Noelene Byars, President - Westwind Barn, noted that she had two horses at the preserve and she concurred with the recommendation from the Pathways Recreation and Parks Committee. In response to an inquiry from Mrs. Schreiner about placing tension bars in the fence, Mrs. Byars stated that if the wires were strung properly horses would not fight against the fence too much. She believed the important part was to keep the barbs out. Beverley Wohlfort, 27060 Appaloosa, noted her concerns about the deer and, referring to the subject of planting oak seedlings in the preserve, commented that they worked if hand planted. They could not get through the dense grasses. IIkw June 3, 1992 11 Elaine Nelson, Black Mountain Road, suggested Council make a decision as the horses were getting out. Bart Nelson, Altamont, also noted that four horses had just gotten out yesterday and he supported the recommendation of the Pathways Recreation and Parks Committee. Judy Biggles, 27900 Via Ventana, supported keeping the natural beauty of the preserve as open as possible. Elayne Dauber, 27930 Roble Alto, recommended keeping the posts as short as possible to keep the horses in the preserve. Bob Stutz, 25310 Elena, objected to the use of barb wire and believed someone would get impaled on it. He suggested the top strand could be cable which would not have as much give. Robert Hall, 12140 Foothill Lane, believed horses will lean into wire fences and this would not happen with barb wire. He also noted the fence should be five feet tall and the biggest problem was maintenance. Presently there was no maintenance with the barb wire fence. He commented that the posts could be square or round, should be pressure treated and, if barbless, there should be no growth four feet in front of the fence. Yunchieh Chang, 27220 Carrington Circle, suggested that bushes be planted along the fence to screen it. Ann Wilson, resident, did not believe there should be any plantings near the fence. The fence should be as unobtrusive as possible. She also believed mowing was better than discing. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to approve the following design for fencing at Byrne Preserve: double strand, non barbed wire, four lines, 4 1/2' high, square posts, 10' on center line and pressure treated, with gates to be placed as determined by the City Engineer. AYES: Mayor Hubbard and Councilmembers Siegel and Tryon NOES: None ABSENT: Councilmembers Casey and Johnson Shy June 3, 1992 12 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:30 p.m. Respectfully s mitted, • - -- Patricia Dowd City Clerk The minutes of the June 3, 1992 City Council Meeting were approved at the June 17, 1992 City Council Meeting. kir June 3, 1992 13