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HomeMy WebLinkAbout09/02/1992 (2) Minutes of a Regular Meeting Iry September 2, 1992 Town of Los Altos Hills City Council Meeting Wednesday, September 2, 1992, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Tryon called the Regular Meeting of the City Council to order at 6:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Tryon and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: City Manager Les Jones, II, City Attorney Sandy Sloan, Director of Public Works Jeff Peterson, Town Planner Linda Niles and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Pahl reported that in addition to Lands of Lohr and Lands of Mehrlich (on the Consent Calendar), the Planning Commission at their August 27, 1992 meeting also continued the Lands of Chown - request for a site development permit for a secondary dwelling for redesign. In response to an inquiry from Council concerning Lands of Lohr and the use of one architect for the properties, Commissioner Pahl reported that Mr. Lohr had stated his intention that they certainly not create the look of tract houses and furthermore a purchaser by law had the option of hiring any designer they wanted. 4. CONSENT CALENDAR Siegel commented on Item 4.4 of the Consent Calendar concerning the traffic signal controller replacement at El Monte and Stonebrook and was advised by the Director of Public Works that an analysis of the intersection could be [ September 2, 1992 �r Regular Meeting 1 done. In addition Tryon reminded the Director of Public Works that it should be a "smart" light -- one that would facilitate efficient traffic control. Items Removed: 4.2b Council decided to review Item 4.2b Lands of Mehrlich, 23923 Jabil Lane - request for a site development permit for a new residence, patios and pool MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Warrants: $82,913.50 (8/17/92) 4.2 Decided Not To Review the following Planning Commission Action at its meeting on August 27, 1992: 4.2a Lands of Lohr, Lot 27, 24013 Oak Knoll Circle: request for a site development permit for a new residence 4.3 Awarded Contract to Complete Amended EIR Contract for Lands of Eshner/HCW and Associates, Inc. -- Reso #33-92 4.4 Metropolitan Transportation Commission (MTC) Grant for the El Monte Avenue/Stonebrook Drive Traffic Signal Controller Replacement -- Reso #34-92 5. UNFINISHED BUSINESS 5.1 Report on Pros/Cons of Consultants vs. In-House Staff The Town Planner presented her report which included the following four options: full-time consultant, part-time consultant, full-time in-house employee or part-time in-house/part-time consultant. The report included the pros and cons of each option with the recommendation that Council support either option three or four. The Town Planner also asked that Council provide direction for additional analysis on preferred options before a final decision was made. Siegel commented that adding full-time employees could be very expensive when all benefits etc. were included and he recommended considering part-time employees. He also questioned the increased costs in the Finance Department if consultants were not used and billing duties were assumed by the Finance Department. Johnson stated that he concurred with Siegel. Cost estimates were needed for options three and four as presented by the Town Planner and if they were similar he believed the decision should be left to the City Manager. Dauber IIlir September 2, 1992 Regular Meeting 2 noted that planning was the Town's priority and she did not believe that staff in this area should be minimized. The City Manager stated that he understood the priorities in this area to be: continuity of service at the front counter, economy and maximizing goals and objectives. PASSED BY CONSENSUS: To direct the City Manager to further analyze options three and four of the Town Planner's report regarding the planning and engineering departments but to not make any increases in the Finance Department at this time. 6. NEW BUSINESS 6.1 Request for Extension of Site Development Permit for a Pool, Lands of Ratnam, 13408 Middle Fork Lane Mr. Ratnam, applicant, explained to the Council that they had received their site approval for a new residence and a pool in June of 1991. They had constructed their home but not the pool and when submitting their landscaping plans had been advised that their pool permit had expired. He noted that it was his understanding that the pool permit was valid along with the building permit and he asked Council's approval of an extension so they could install their pool and not have to submit a new application. In response to an inquiry from Council, Mr Ratnam stated that they would start, if granted approval, in a couple of months. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to grant an extension to June 6, 1993 for the site development permit for a pool at 13408 Middle Fork Lane. AYES: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel NOES: None ABSTAIN: Councilmember Dauber Dauber stated that she abstained because she was not on the Council at the time of the original approval and felt she needed more of the complete background to make a decision on the property. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Report from Environmental Design and Protection Committee Ruth Buneman, Chairman of the Environmental Design and Protection Committee, stated that she had nothing to add to the report before the Council September 2, 1992 Regular Meeting 3 on the committee's activities. This report dated August 26, 1992 had been prepared by the former chairman, Theresa McDaniel. (This report is on file at Town Hall.) Siegel inquired about the status of designating heritage oak trees and Mrs. Buneman responded that there were three particular oaks being considered at this time and a decision should be made in about a month. There were some difficulties in getting together with the owners of the trees and understanding the significance of having a designated oak tree on one's property. Mrs. Buneman noted that they were also considering a certificate for the owner or a plaque on the tree. An oak tree in Byrne Preserve was mentioned as a possibility and Mrs. Buneman noted the committee would look into this. In response to an inquiry from Dauber concerning mulch piles on residents' property, Mrs. Buneman stated that the committee had not looked into this option. Presently of course residents took their yard clippings to the Purissima Site but having mulch piles on properties could be quite complicated. Council thanked the Environmental Design and Protection Committee for their report and their contributions to the Town. 7.2 Safety Committee -- Request for Identification Cards for Neighborhood Coordinators and Emergency Ham Radio Operators Dauber commented that the Safety Committee was inviting all neighborhood coordinators and emergency ham radio operators to their next meeting on September 22. At this meeting both of these groups would be deputized to authorize them to act in an emergency and the Safety Committee was recommending that identification should be issued in recognition of this status. PASSED BY CONSENSUS: To approve the issuance of identification cards for neighborhood coordinators and emergency ham radio operators. The cards will be credit card size and the City Manager will ask the Safety Committee to submit a design. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Approval of Concept for Lease Agreement with Bay Area Cellular Telephone Company to Lease Town-owned Property Council had before them the City Manager's staff report which included the recommendation that Council grant conceptual approval to the tentative September 2, 1992 Regular Meeting 4 terms agreed to between the Bay Area Cellular Telephone Company and the Town. Councilmembers raised the issue of what the antenna would look like and asked to see a rendering of it. Mike Mangiantini, representing the Bay Area Cellular Telephone Company, responded to the inquiry about the antenna and explained that it would be four small panel type antennas on the cable line with minimal visual impact on residents. He explained that the antenna would be 23" tall and 25" deep. In addition the building they were proposing would be almost the same size as Sun Country Cable's building at the same location and would have the appearance of a barn. The City Attorney noted that the lease with Sun Country Cable would have to be amended to include this agreement with Cellular Telephone and she suggested it was also a good time to resolve the other pending cable tv issues. PASSED BY CONSENSUS: To grant conceptual approval to the tentative terms agreed to between the Bay Area Cellular Telephone Company and the Town subject to the Town's approval of the antenna. 8.1.2 Traffic at El Monte and Stonebrook Tryon stepped down from the discussion of this subject due to her position on the Santa Clara County Traffic Authority. The City Manager commented on the increased truck traffic on El Monte and Stonebrook resulting from an agreement between John Vidovich and the County to dump dirt from the construction of Highway 85 in the quarry. Staff was looking into ways of mitigating the impact of this agreement which was supposed to continue for another eight weeks. Siegel noted that at one time Stonebrook was sprinkled as a method of dust control. He also noted that the Town should be sure that no toxics were being dumped with the dirt and that the Town should not have to pay for the signal. Siegel suggested Tryon speak with the Traffic Authority and Foothill College be contacted. Johnson commented on the timing of the light and traffic dislocation -- having to wait for the trucks. He suggested that the City Manager speak with John Vidovich and the Director of Public Works contact Bob Scott at the Traffic Authority. Hubbard inquired whether this activity was in compliance with the reclamation plan for the quarry and was advised by the Director of Public Works that Mr. Vidovich September 2, 1992 Regular Meeting 5 was allowed to haul in top soil. Dauber asked if the road was being bar damaged by all of these trucks and the Director of Public Works noted that Stonebrook was a truck route. Tryon speaking from the floor commented that she had spoken with the executive staff of the Traffic Authority and they were looking into this matter. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated August 13, 1992 9. COUNCIL-INITIATED ITEMS 9.1 Consultant - Solid Waste (Siegel) Siegel inquired about the status of negotiations with a consultant to review solid waste issues. The City Manager reported that he had one proposal for $22,000 and was in the process of obtaining additional proposals. In response to a suggestion by Hubbard that Cupertino and Los Altos may want to share in the costs of a consultant, the City Manager reported that Cupertino declined and he had a meeting lbw with Los Altos the following week. Council discussed this matter and determined that $22,000 was too much money to spend on a consultant. PASSED BY CONSENSUS: To direct the City Manager to work with the Council sub- committee on solid waste issues on less expensive methods of obtaining their goals. 9.2 SB 1589 (Tryon) Tryon asked the City Manager to report on SB 1589. 9.3 Joint Volunteer Awards Committee (Johnson) Johnson reported that their committee had met and he was now chairman of the Joint Volunteer Awards Committee. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for modifications to conditions of approval for Tentative Map for Tract 8207, Lands of Bellucci, Moody Road (continued from September 2, 1992 Regular Meeting 6 August 19, 1992 City Council Meeting) tit The Director of Public Works referred to his staff report which in part included the recommendation that Council approve the creek design sub-committee's recommendation for the construction of Adobe Creek (a vegetated creek with a rip- rap lining underneath a layer of soil) and also that Council deny the request that building permits be allowed to be issued prior to the construction of the improvements. Bill Kull, applicant's engineer, stated that they were uncomfortable with the Town's compromise design for the creek. They were not in agreement with a rock lined creek and believed it could be landscaped and planted instead. In addition he referred to their request that building permits be granted before the creek improvements were completed. These improvements were very costly and the applicant was experiencing financial difficulties and needed to sell lots to get the money to make the improvements. Dave Bellucci, applicant, stated that he was not pleased with the way the creek improvements were going. In February 1992 the Town had advised him to have a landscape plan done which he did. He noted that he had spent a lot of money to have Nancy Hardesty do such a landscape plan but neither the Town nor the Santa Clara Valley Water District supported this plan. Mr. Bellucci stated that this project was becoming more difficult and costly and he was asking Council to reconsider using landscaping on the creek. Kathy Freeman, member - Pathways Recreation and Parks Committee, commented on the paths on this project. She noted that presently they were not usable and the internal paths had not been compacted. Mrs. Freeman further stated that the committee recommended a fence the full length of the creek be installed to clearly delineate the pathway. Bob Stutz, 25310 Elena, commented on the use of shrubs vs. fencing to clearly mark the path and to keep people out of the creek. He also suggested putting willow and poplar cuttings put in at the water line so they could take root. Mr. Stutz believed the creek improvements should be done as naturally as possible. John Hansen, President - Menlo Development, stated that he had purchased three lots on Francemont from Mr. Bellucci and he was in support of Mr. Bellucci's proposed plan for the creek improvements. On the matter of issuing building permits, Mr. Hansen stated that the former Director of Public Works had told them that they could get the permits prior to the improvements being done. Mr. Hansen stated that it was common practice for building permits to be issued while improvements which were bonded were being completed. Nier September 2, 1992 Regular Meeting 7 Dot Schreiner, member of the creek design subcommittee, referred to the compromise which the committee had reached on the creek design and noted that it was a straight line ditch which needed to be stabilized. Tryon stated that she was most disappointed that a representative from the Santa Clara Valley Water District was not present to discuss these creek design alternatives. A representative had also not been present in February of 1992 when this issue was also discussed by the Council and at that time she stressed the importance of their comments at the meeting. Personally she believed a natural creek design was important, not one that was armored and rock lined. Hubbard asked the applicant about the status of the other improvements and was advised that they were basically done but not completed with the geologic issue an ongoing one. In response to this reply, Hubbard stated that these issues needed to be resolved prior to the issuance of building permits. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to take the following actions: 1) approve the creek design subcommittee's recommendation for the construction of Adobe Creek and take no action on the modification of condition #17; 2) take no action on condition 18e as the applicant has fulfilled the intent; 3) approve the Pathways Recreation and Parks Committee's recommendation for pathway improvements along Adobe Creek and modify condition #25 to read as follows "The applicant shall install a Type IIB path within the road right-of-way of the new subdivison street and cul-de-sac. An off-road path shall be installed on the level area at the toe of the slope, within the pathway easement along the subdivision frontage of Moody Road. If the present ground surface in this area is to be graded or altered, the pathway shall be a Type IIB path. If the ground surface in the area of the proposed pathway remains unaltered in any way, it shall be a five foot wide native pathway with the following features: a)The pathway entrances from the Francemont Bridge and the one near Murietta shall be constructed to Type IIB standards for the first 100 feet. The ramps up to Adobe Creek Lodge Road and the Bellucci driveway shall be constructed at a slope no greater than 10%. Pathway crossings of Adobe Creek Lodge Road, the Bellucci driveway and the Adobe Creek Lodge Road bridge shall be roughened as directed by the City Engineer. Curb cuts shall be provided for pathway crossings as directed by the City Engineer. b) A 42" redwood split rail type fence shall be built at the northern top of the creek bank between the pathway and the creek at the pathway ramps up to the Adobe Creek Lodge Road and the Bellucci driveway. c) Pathway marker posts shall be installed at the Francemont and Murietta entrances as well as at the bridge crossings. The posts shall be approved by the City Engineer. d) The pathway connection to the Francemont bridge shall be off-road, or shall provide the greatest separation from the Moody Road edge of pavement as is feasible. The pathway shall be installed prior to recordation of the Final Map, or a bond to the satisfaction of the Director of Public Works posted to ensure completion of the required work prior to issuance of building permits." 4) approve the creek thee September 2, 1992 Regular Meeting 8 design subcommittee's recommendation for modification of condition #33 to read as follows: " The applicant shal prepare a creek design plan based upon the flowrates provided by the Santa Clara Valley Water District, and using the guidelines provided in the Philip Williams Associates report. Mapping shall indicate the exact location of the channel in relation to Moody Road and proposed single family lots and should include detailed cross sections. A planting scenario illustrating restoration of the habitat along the entire creek channel shall be prepared by a landscape architect. Indigeous riparian planting materials specific to the Adobe Creek corridor shall be incorporated into the plan using the recommendations of the November 3, 1987 Harvey and Stanley report as a guideline.; and 5) deny the modification to conditions #17-19 and 21-25 which request that building permits be allowed to be issued prior to the construction of improvements listed in the conditions. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Hubbard and Siegel NOES: Mayor Tryon Tryon stated that she supported not issuing building permits before the improvements were completed but she did not think action was appropriate without a representative from the Santa Clara Valley Water District being present. 11.2 Ordinance amending Title 8 (Building Regulations) of the Los Altos Hills Municipal Code to require swimming pool fences (FIRST READING) Hubbard stated that he had raised this issue because residents had contacted him who were concerned about the lack of fencing around pools especially those pools situated near schools. The Town did not require fences around pools nor did insurance companies and he believed there were serious safety issues as a result. Hubbard referred to statistics which substantiated his concerns about the danger of drownings. In addition he also noted that the sense of openness was important in the Town and therefore the ordinance before Council encouraged open fencing (4 feet with 4 inch wide openings). Dauber referred to several charts she had presented as background for her position that pool fencing was not necessary. The charts, in part, noted that the San Francisco Bay Area and the Los Angeles area had the lowest incidences of drownings. They also showed the average annual injury death rates and listed specific drowning deaths in Santa Clara County 1988 through July of 1991. Dauber also reported that her research reflected that trespass drownings almost never occur. Sandra Barry, 26005 Newbridge, stated that she had four children and was extremely concerned when a house across the street from theirs was vacant for a year and had September 2, 1992 1411w Regular Meeting 9 a filled swimming pool in the front yard with no fence. The house had now been 4111, sold and the pool fenced but nonetheless she strongly supported fencing for all pools in Town. Dot Scalese, 26055 Newbridge, stated that she had raised three children in Town and strongly supported the fencing of swimming pools. Ruth Buneman, 12655 La Cresta Drive, supported the fencing of pools but was quite concerned about the requirement for alarms in the proposed ordinance. They had lived in their home for a long time, the pool was invisible from the street but they had five doors onto the pool area. She believed it was much more important to make the pool area less visible than it was to alarm all the doors. Fred Montgomery, 27855 Black Mountain Road, commented that in his opinion the rural, natural look of the Town was important and this did not mean fencing pools. He also noted that the fire department needed to have access to pools. Mr. Montgomery believed safety was important and stressed supervision of those using one's pool at all times. He noted that children could jump over fences if they wanted to and suggested this go to a vote of the residents of the Town if the Council wished to pursue it. G. Melvin Stevens, 27296 Byrne Park Lane, did not see any support for requiring fences around pools and spas. He noted that in 30 years not one child had drowned in Town and furthermore most drownings occurred in lakes, irrigation ditches or at beaches. Mr. Stevens did not believe that a person could be protected against all contingencies in life. Martha Hunton, 25600 Fernhill, stated that she was not in support of fences around pools or spas. She believed supervision was of primary importance and swimming lessons were crucial. Roger Burnell, 27911 Black Mountain Road, referred to a letter he had written to the Council in which he strongly stated his opinion that fences should not be required around pools and spas. He stressed that an issue of this importance should be sent to the voters for a decision. In addition he concurred with the letter in the Town Crier written by Mr. and Mrs. Trabucco in which they stress the importance of supervision and swimming lessons rather than what they believed was the false sense of security in requiring fencing around pools and spas. Sandy Carse, 27125 Taaffe Road, did not agree with requiring fencing around pools or spas but strongly supported the installation of pool covers. She noted that the Uniform Building Code had been amended to include pool covers. In addition to safety benefits and fitting into the rural nature of the Town, Mrs. Carse noted that pool covers provided heating and energy savings, made the water cleaner and September 2, 1992 Regular Meeting 10 required the use of less chemicals. Mrs. Carse also submitted a letter from her neighbor who was unable to attend. Katy Serventi, 26884 Dezahara, stated in her letter that they had lived in Town for 10 years, had four young children and had a pool cover which they highly recommended. Bob Fisher, representing the Safety Committee, stated that the committee recommended approval of the fence ordinance around pools and spas primarily for the protection of children. They did however also include pool covers as an option in their recommendation. Phil Dauber, Chairman, Finance Committee, stated that he was not in favor of the fence ordinance around pools and spas. Not only did he not believe it was cost effective nor compatible with the Town's ruralness and sense of open space, but more importantly the ordinance was not effective. Mr. Dauber also noted that residents were not prohibited from having fences around pools and spas now if they wanted one. Dauber stated that she did not believe the fencing ordinance was effective as presented but did suggest that one could be written which would be appropriate for the Town and could include pool covers as an option. Hubbard believed this was a public issue and the fact that there had not been a drowning in Town in 30 years was somewhat misleading because most pools were actually already fenced. He further commented that he would not feel so strongly about this issue except that insurance companies did not require fences around pools and spas and he felt it was extremely important. Hubbard did note that pool covers might also be adequate. Johnson did not believe that the ordinance before them was adequate in that it did not deal with the problem and further suggested that if Council was going to pursue this it should go to a vote of the residents. Siegel stated that he was opposed to too much government and offered the opinion that pool covers were a better option in the Town than fencing. Tryon was concerned about the safety issue but also did not believe that the Town could protect residents from all potential dangers. She suggested other methods of making the Town safer regarding the issue of pools and spas such as an article in the newsletter, educational materials, hold harmless agreements with residents installing pools and spas and approving an amendment to the site development ordinance which would require fencing around pools and spas which were near schools or in other crowded areas. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to table the discussion of an ordinance to require fences around swimming pools and spas. September 2, 1992 Regular Meeting 11 12. ADJOURNMENT Wit There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:25 p.m. Respectfully submitted, Patricia Dowd City Clerk September 2, 1992 Regular Meeting 12