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HomeMy WebLinkAbout09/16/1992 Minutes of a Regular Meeting %ir September 16, 1992 Town of Los Altos Hills City Council Meeting Wednesday, September 16, 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 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Tryon and Councilmembers Dauber, Hubbard, Johnson and Siegel Absent: None Staff: Linda Niles, Town Planner and Acting City Manager, Jeff Peterson, Director of Public Works; City Attorney thw Sandy Sloan and City Clerk Pat Dowd Press: None MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to add the request from the League of Women Voters to use Council Chambers for an educational meeting on water issues on October 14th to the agenda as an urgency item as it was received after the agenda was prepared. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Ellinger reported that in addition to the items on Council's Consent Calendar, the following issues were discussed at the September 9th Planning Commission Meeting: 1) Lands of Yu, 12000 Emerald Hill Lane - request for a site development permit for a landscape and hardscape plan -- continued; 2) Lands of Eshner/Wong, Altamont Road and Altamont Lane, review of response to comments on environmental impact report and tentative subdivision map -- recommended denial; ordinances concerning day care homes and encroachments into required setbacks -- recommended approval. ihsv September 16, 1992 1 Concerning the request for a site development permit for a new residence and barn (`, for Lands of Packard on Altamont Road, Commissioner Ellinger commented on several issues raised during the discussion of this application. Regarding the allowed development area on this property, he noted that the application was for approximately 13,000 square feet -- much less than what would be allowed on a piece of property this large. He further noted that the applicant had agreed to build a pathway all along the Altamont side of the property, even going past where he proposed to have a property line split. The question was raised of a pathway easement that was requested to be granted over a piece of property that David W. Packard would have no control over and which was owned by his father, David Packard. David W. Packard stated that he would write a letter saying that when the property came under his control or when it passed on to Susan Packard, they would make such a dedication. Siegel asked if the Town was getting a dedication of a future offroad pathway on this particular site. The Town Planner responded that the Town was not; what the Town was getting on this site was a dedication of the pathway along the Altamont frontage. In response to Siegel's question about why the offroad portion of the path was not included in this dedication, Ellinger responded that the applicant had also applied for a lot line adjustment and the pathway Councilmember Siegel was describing was on the second lot. Even if the lot line had been finalized at this time, the Town would be requesting an easement on a piece of property over which David W. Packard had no control. This pathway would never be on his property. Commissioner Ellinger also commented on the driveway issue. The driveway roughly followed the lot line adjustment and was for the new Packard residence. The condition was also added that there would be an easement on the driveway to provide access to the other lot, but that the easement would not extend further than 150 yards. The City Attorney noted that this property was still owned by David Packard. She stated that the applications for site development and lot line adjustment had been filed at about the same time but reviews of the lot line adjustment application caused some delay. However, staff could look into adding an additional pathway condition as part of the lot line approval. The Town Planner commented that the lot line adjustment application which would be coming to Council for approval was for a piece of property which had two lots now but which would be made more equal after the adjustment. Dauber suggested that Council receive a summary of Planning Commission discussions on applications so that Council could have this important information available at the Council meetings when they were being discussed. Dot Schreiner, 14301 Saddle Mountain Drive, commented on the Owen project on Alta Lane North (on the Consent Calendar). She referred to this area as one of transition and did not believe that the mitigation measures for the project were adequate. She further stated her concern about the access issue and the importance of having the road right-of-way. Li'" September 16, 1992 2 4. CONSENT CALENDAR Item Added: Request from League of Women Voters Items Removed: 4.3b (Siegel), 4.5 (Johnson), 4.6 (Dauber), 4.7 (Dauber), 4.8 (staff) and 4.9 (Siegel) 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 Minutes: August 19, 1992 (Adjourned Regular) August 19, 1992 (Regular Meeting) September 2, 1992 (Adjourned Regular) September 2, 1992 (Regular Meeting) 4.2 Approved Warrants: $124,245.05 (8/31/92) $ 49,911.66 (9/1/92) 4.3 Decided Not To Review the following Planning Commission Actions at Its Meeting on September 9, 1992: 4.3a Lands of Lohr, 24013 Oak Knoll Circle: request for a site development permit for a pool and grading 4.3c Lands of Packard, Altamont Road: request for a site development permit for a new residence and barn 4.4 Issued Proclamations: "Child Health and Disability Prevention Month" - October, 1992 "United Way Blitz Week" - October 12-16, 1992 "Supporting the Silicon Valley Arts Fund" 4.10 Approved Final Map for Lot Line Adjustment, Lands of Harrington, Hilltop Drive -- Reso #35-92 4.11 Accepted subdivision improvements related to Lands of Finn, Reso #36-92 4.12 Approved request from League of Women Voters to use Council Chambers on October 14th for an educational meeting on water issues September 16, 1992 3 Items Removed: 4.3b) Lands of Owen, 13040 Alta Lane North: request for a site development permit for a new residence, pool and spa Council decided to review this application with particular attention to be paid to the access issue. Johnson abstained from discussion of this item as he was within 300' of the project. Tryon stated that she was within 500' of the project and asked the City Attorney to check and see if she could vote on this project. Bob Owen, applicant, commented that while his client had originally wanted two accesses to the property, he had met with some of the neighbors and it was now determined that it was not necessary to have both accesses. 4.5 Request from the Grand Jury for waiver of subscription costs for Council agendas and minutes MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed by the following roll call vote to grant the request from the Grand Jury for a waiver of the subscription costs for Council agendas and minutes. AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Siegel NOES: Councilmember Johnson Johnson did not agree with waiving these fees when the County was going to begin charging the cities for more of the services they received as a result of budget constraints. 4.6 Approval of amendment to contract with Brian Kangas Foulk - Reso #_ Dauber asked if the salaries at BKF had increased and was advised by staff that they had by 4%. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and passed unanimously to adopt Resolution #37-92 approving an amendment to the contract with Brian Kangas Foulk. 4.7 Award of contract to prepare the Residential Design Guidelines Handbook --Reso # September 16, 1992 4 Siegel stated that he did not think this contract was well done and would like to see the City Attorney redo it to include a specific timeframe for the project and the payment schedule. However he did not believe Council had to delay approving the contract in concept at this meeting. Hubbard noted that the Board of Realtors was very interested in this project and was willing to work with the committee. Dauber noted that the last page of the contract seemed to include expenses which were not included in the contract. The Town Planner responded that certain extra expenses were factored into the budget for this project. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to adopt Resolution #38-92 awarding a contract to Carrasco and Associates for the preparation of the residential design guidelines handbook, subject to the City Attorney redoing the contract to include a payment schedule including any withholding, the timeline for completion of the project and a statement that the Town has ownership of the document. In addition the sub-committee will be established by the Mayor as soon as possible. 4.8 Approval of Memorandum of Understanding to Fund and Create Santa Clara County Hazardous Materials Advisory Committee -- Reso #___ ` The Director of Public Works asked that this item be removed from the Consent ir Calendar and discussed at the October 7th meeting. Council concurred with this request. 4.9 Approval of a Reimbursement Agreement with Macar Land Company -- Reso #_ Siegel stated that he could not vote on this issue as he was going to be hooked on the sewer line. Council discussed the proposed agreement before them noting that some residents were already connected. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to adopt Resolution #39-92 approving a reimbursement agreement with Macar Land Company with the notation that the addresses already hooked up will be deleted and the fee will be adjusted. AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Siegel September 16, 1992 5 ` 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Consideration of Council Endorsement for "New" Measure A (Citizens Coalition for Traffic Relief) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to support Measure A. AYES: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel NOES: None ABSTAIN: Councilmember Dauber Dauber noted that she thought this was an informational item on the agenda and therefore was not prepared to vote on it at this time. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES y4, 7.1 Safety Committee: Recommendation for a Four-Way Stop Sign at Altamont and Taaffe Road Intersection PASSED BY CONSENSUS: To continue this item to the next meeting and to request the staff to prepare a report on this recommendation including the number of accidents at this location. Council also thanked the Safety Committee for the impressive safety report they had submitted. The map showing traffic accidents was most informative. 7.2 Board of Realtors Meeting Tryon and Hubbard reported that they had met with realtors in Los Altos and Los Altos Hills to clarify concerns about lots in the Town and it had been a most infomative meeting. The realtors were especially interested in the residential design guidelines handbook project. September 16, 1992 6 7.3 Meeting of Standing Committee Chairmen Tryon and Dauber reported they had attended a meeting of the Standing Committee Chairmen on the 15th and it had been a very productive meeting. The committees were reviewing their charges and an orientation was going to be scheduled for all committee members and staff. On the subject of committees, Dauber believed the committees should have ample time to review projects and should have a form to fill out with their comments which would become part of the staff report on an application. Phil Dauber, Chairman of the Finance Committee and former member of the Pathways Recreation and Parks Committee, commented that members of the Pathways Recreation and Parks Committee knew more about the paths, easements, and other land issues in Town than staff did. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Stonebrook Traffic The Acting City Manager reported that a meeting had taken place with Mr. Paul Hogan, representing John Vidovich, concerning the truck traffic issue on Stonebrook and mitigation measures were being discussed 8.2 City Attorney 8.2.1 Closed Session The City Attorney asked Council to hold a brief closed session at the end of the meeting on matters of pending litigation. 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 9/10/92 On correspondence not listed on this particular report, it was decided that staff would respond to a letter received from Brad Lyman and no response was necessary to the letter from the State Controller. kir September 16, 1992 7 (i, 9. COUNCIL-INITIATED ITEMS 9.1 Proposal to eliminate Section 8.603b of the Town's Municipal Code (Signs and Advertising Structures) and substitute with "Directional sign can be put up as a temporary sign for less than 50 hours." (Councilmember Dauber) Dauber referred to a map she had prepared for Council which showed the location of real estate signs on Page Mill Road. She noted that there were eleven real estate signs on Page Mill and there was only one house for sale on Page Mill. The others were directional signs. Siegel also pointed out that presently fees were not being collected by the Town for these signs. It was agreed that the issue of whether to change the Code to read: "Directional signs which comply with the Town's ordinances may be put up as a temporary signs for less than 72 hours." would be agendized for the second meeting in October and the local realtors would be notified of this meeting. 9.2 Certificate of Appreciation for Steve Finn Siegel asked if Council would award a certificate of appreciation to Steve Finn for his outstanding restoration of the 1902 estate of John Sabin. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to award a certificate of appreciation to Steve Finn for his outstanding restoration of the 1902 estate of John Sabin. 9.3 Sewer Break Hubbard thanked the Director of Public Works for his efficient handling of the recent sewer break. The Director of Public Works noted that he reported on this 0 issue in the recent Council Update. 9.4 Planning Reports to Council Dauber believed it was important for Council to know what had been discussed at Planning Commission meetings on projects that came before them as well as the vote and asked that draft Planning Commission minutes be included in the Council packets. September 16, 1992 8 tit 10. PRESENTATIONS FROM THE FLOOR Dr. Howard Martin, 11666 Dawson Drive, addressed the Council concerning the environmental impact report for the Vidovich General Plan Amendment and specifically the section on the sanitary sewer system. He referred to the Hale Creek Project and did not agree with the report noting that in his opinion there would be environmental problems. Dr. Martin asked if a mitigated negative declaration had actually been done and believed if this was the case it had been done without full information. Karen Emerzian, 11670 Dawson Drive, read a letter to the Council from her neighbors, Brian and Virginia Crynes - 11665 Dawson Drive, as they were unable to attend the meeting themselves. The Crynes stated their concerns about the draft environmental impact report for the Vidovich General Plan Amendment and specifically stated their strong opposition to the plan of using the existing sewer easement on their property to build a road to access and maintain the sewer system for the Quarry development. The Crynes requested that any recommendations to use their property for the Hale Creek Sewer Project be deferred until they were able to attend the meeting (beginning of October). Bob Stutz, member - Pathways Recreation and Parks Committee, stated that their committee had not had the opportunity to review the environmental impact report but strongly recommended that the Council not allow such activity in the preserve. Jean Struthers, member - Environmental Design and Protection Committee, stated that her committee concurred with the comments made by Bob Stutz. It was noted that the Council sub-committee on the Quarry Issues (Dauber and Siegel) was scheduled to meet on Friday afternoon and would be bringing a report back to the Council at the October 7th meeting. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a New Residence, Pool and Patios, Lands of Mehrlich, 23923 Jabil Lane Peter Duxbury, applicant's architect, commented that he had been involved in the original site analysis done on this lot for a two story home. The staff report on this project had been favorable. His clients, the Mehrlichs, then purchased the property and the plans were changed to a one story house. Mr. Duxbury further explained 111100 September 16, 1992 9 that the present siting of the house was chosen because it was on the flat portion of the lot and the house would be nestled into the existing hill. The perimeter of the lot was covered with natural landscaping. Mr. Duxbury described the house as a low one story integrated home which was 2,000 square feet below the allowed development and which would be made of natural products and would have a slate roof. The pool was to be located along the property line because his clients wanted to keep the meadow open. Privacy was an important issue to his clients. He noted that Peter Shaw & Associates had been hired to work on the landscape plan which would include filling in the gaps on the perimeter of the property with mature trees. He did not believe there was a visual impact on the neighbors. Bill Kull, Giuliani & Kull, Inc., explained their belief that the existing pad was perfect for the house. If the house were moved, it would result in more grading. He further commented that the Santa Clara Valley Health Department did not favor leach lines on slope banks. Barbara Beato, 23505 Fernhill Drive, commented that she and her husband had met with the Mehrlichs and she had hoped there might have been a compromise solution. Mrs. Beato noted that she was also speaking for other neighbors, the Chans, and stated her recommendation that the house be shifted 20' and the pool be relocated. As the project was now presented, the view off their patio was negatively 4� impacted. Mrs. Beato stated that she was oppressed by the largeness of the proposed ir structure. Curt Widdoes, Jr., 11210 Hooper Lane, stated that he had lived in Los Altos Hills for six years and he supported the Mehrlich's application. He thought their siting of the house was appropriate and fair for all of the neighbors and that the impact of the project on the neighbors was very small. Dot Schreiner, 14301 Saddle Mountain Drive, stated that she was concerned about the siting of the house and the basement areas. She did not believe that 5,000 square feet underground in addition to almost maximum development above ground was in agreement with the intent of the Town's ordinances. Mrs. Schreiner also commented on the leach lines and the amount of grading involved. Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, commented on the paths on the project particularly the path between Fernhill and Jabil. Jean Struthers, member - Environmental Design and Protection Committee, also commented on the paths and noted there was an easement on the Chans' property. September 16, 1992 10 Johnson commented on the importance of receiving input from neighbors on projects Council was reviewing. However, in this case there were conflicting views on the siting of this house from the neighbors. Johnson could see no grounds for moving the proposed siting of the house. Dauber believed the Beatos had a justifiable complaint and the house could be moved twenty feet. With the proposed landscaping, Dauber noted that the Beatos' view would be impacted and she thought there could have been more areas of compromise between the applicant and the neighbors. Dauber also suggested having a turnaround at the beginning of the driveway. Hubbard discussed the privacy issue, the pathway easement and the pool location. He did note that the Beato's were discussing their secondary view off their patio. Siegel suggested that the pool could be mitigated by moving it. He did note that the neighbors' pools would be very close together as well as very close to the Beatos' deck. Tryon stated that in the future she believed the Health Department should be contacted and available to explain what options were available for a project on such issues as location of leach fields. PASSED BY CONSENSUS: To make the following changes to the conditions of approval as recommended by the Planning Commission: 1) Delete condition #3 stating fire retardant roofing is recommended. (This is now required by Town ordinances.); 2) Condition #5, first sentence shall be amended to read: "Prior to final inspection and release of occupancy permits a landscape planting plan must be submitted to and approved by the Planning Commission."; 3) Condition #I2, second sentence -- add 'trash' after 'noise'; and 4) add the following condition on pathways: "A Type 1113 path shall be required on the north property line to Jabil Lane to the satisfaction of the City Engineer. The pool may need to be relocated for the privacy of the path."; and 5) add the following condition: "The pool shall return to the Planning Commission for siting including information on alternate leach field locations." MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to approve a site development permit for a new residence for Lands of Mehrlich at 23923 Jabil Lane subject to the conditions of approval as recommended by the Planning Commission and amended by Council. AYES: Mayor Tryon and Councilmembers Hubbard, Johnson and Siegel NOES: Councilmember Dauber PASSED BY CONSENSUS: To go past the 10:30 p.m. hour of adjournment. September 16, 1992 11 4111, 11.2 Application for tentative map for a five-lot subdivision, including review of environmental impact report, Lands of Eshner/Wong, Altamont Road and Altamont Lane James Jackson, applicant's attorney, addressed the issue of the conservation easement on this property and noted that this matter was now in litigation and the court case had been continued to November. At issue was what was Jules Eshner's intention when he established the conservation easement in 1973. The owners of the conservation easement had revoked it. He believed they could do this but the City Attorney did not. At this time, they were proposing a larger conservation easement than the one which some said was in place now. Mr. Jackson noted that the proposed conservation easement kept 65% of the present area considered a conservation easment and they believed it offered a better location which had natural vegetation and accomplished more open space and scenic road purposes. Mr. Jackson referenced his fax to the Council which they had just received (on file at Town Hall) addressing additional or revised conditions of approval for the project as recommended by staff. In part these changes involved the following: conservation easement coverage of oak trees; path along Altamont; sewer laterals subject to reimbursement agreements; additional setbacks on Altamont; no replacement of trees which cannot or should not be saved; and approval of proposed conservation easement. Bill Kull, applicant's engineer, commented on the issue of access and referenced the TJKM Traffic Study. Accesses off the cul-de-sac and Hillcrest were reviewed. He also mentioned the sensitivity of the project and proposed additional mitigation measures such as increasing the front yard setback for lots 4 and 5 to 70' and reducing the maximum floor area and maximum development area for lot 4 by 10% and lot 5 by 15%. Lot 3 was already constrained by the human habitat. Rosemary Meyerott, Town Historian, stated that she would like to see the name of the cul-de-sac be 'Elizabeth' as this was historically significant because Altamont used to be named Elizabeth. Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, noted that the Pathways Recreation and Parks Committee was requesting a Type IIB path in the conservation easement the entire length of Altamont. She would also like a dedicated easement. Mrs. Gottlieb also commented on the path on the south boundary line of lot 1 and the southern boundary of lot 5 connecting to the Altamont and Packard property. September 16, 1992 12 Marlene McGowen, 27150 Julietta Lane, did not agree with naming the cul-de-sac 'Elizabeth'. She believed it should be named for the Eshner family, not for past history. Hilda Wong, applicant, commented on the road plan, noting the 30' distance from their lot line on lot 2. She asked that this be considered when the siting was done for the lot. Leo Quilici, 27350 Julietta Lane, noted that originally the proposal for this land was for six lots but now he would like to see the plans for five lots. He also believed that concerning the conservation easement the view for Julietta residents should be preserved. The preservation of oaks was also important. Johnson stated that he would not support any reduction in the conservation easement. He believed this would be creating an undesirable precedent of allowing a developer to cut up a conservation easement and redistribute it. The conservation easement could thus effectively disappear such as in the Matadero Creek Subdivision. Johnson also stated his concerns about multiple accesses off Altamont but the applicant had addressed this by reducing it to two. Hubbard believed the Town could benefit from more conservation area but there should be clear definition of what would be allowed in the conservation easement. Presently the primary benefit of the conservation easement was to the main house on the property which was not part of this proposed subdivision. Siegel agreed with Hubbard. The Town should prohibit any fence in the conservation easement and a conservation easement along Altamont would be beneficial. Siegel also believed lots 3, 4 and 5 needed to be restricted as to size and height of homes. Dauber supported the conservation easement as it was presently shown and believed that most of the conservation easement should be deleted from calculated figures for development. She also did not support two accesses off Altamont as this did provide for any sense of connection between the homes and commented that there was not a great deal of off-street parking. Tryon stated that she had difficulty with the environmental impact report and supported the present conservation easement although she did believe it could be moved down somewhat on the property. Tryon also addressed the issues of the cul-de-sac, off-street parking and limiting access off Altamont. In conclusion the Council stated their agreement that the conservation easement should remain as presently shown on the map and furthermore that because of the constraints on this property the subdivision should be for four lots rather than five unless of course the main house was also included in the project which would then change the entire proposal. James Jackson, applicant's attorney, asked that this public hearing be continued so that his applicant would have time to review this direction from Council. September 16, 1992 13 �1r► PASSED BY CONSENSUS: To continue the public hearing on the application for tentative map for a five-lot subdivision, including review of environmental impact report, Lands of Eshner/Wong, Altamont Road and Altamont Lane to the October 7, 1992 City Council Meeting. Richard McGowen, 27150 Julietta Lane, stated that he was executor of the Eshner estate and did not agree with the statement that separation of the property on which the main house was located made the whole subdivision difficult. He gave some background on part of this property being owned by Bank of America and litigation involving a former developer and Bank of America to ensure that Julie Eshner would be able to remain in the main house for her lifetime. 12. CLOSED SESSION: PENDING LITIGATION (PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) The City Council adjourned to a closed session for purposes of pending litigation at 11:20 p.m. and reconvened at 11:30 p.m. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:30 p.m. Respectfully submitted, City Clerk The minutes of the September 16, 1992 Regular City Council Meeting were approved at the October 21, 1992 Regular City Council Meeting. September 16, 1992 14