HomeMy WebLinkAbout11/04/1992 (2) Minutes of a Regular Meeting
`. November 4, 1992
Town of Los Altos Hills
City Council Meeting
Wednesday, November 4, 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 6:40
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 M. Jones, II, City Attorney Sandy Sloan,
Director of Public Works Jeff Peterson, Town Planner
Linda Niles and City Clerk Pat Dowd
Press: Marcia Lepler, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointment to the advisory committee of the Mountain View-Los
Altos Union High School District Board of Trustees to determine how
best to meet the school district's long-term facility needs
PASSED BY CONSENSUS: To direct staff to contact Ginger Summit, in recognition
of her interest in and involvement with the schools, regarding her availability to
represent the Town on this committee
2.2 Appointment to the Community Advisory Committee for the Palo
Alto School District
PASSED BY CONSENSUS: To appoint Mayor Pro Tern Johnson to the Community
Advisory Committee for the Palo Alto School District.
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4111W 3. PLANNING COMMISSION REPORT
Planning Commissioner Comiso reported that, in addition to the Planning items on
the Council's agenda, the Commission also discussed Lands of Medina at their
October 28th meeting and voted to continue their request for a site development
permit for a guest house and variance at 26501 Purissima Road for a redesign to
reduce requested variance. In response to an inquiry concerning the Kline project,
Commissioner Comiso noted that the procedure was the same for a major remodel
and a new home. Concerning the Movassate application, she reported that
Commissioners Schreiner and Sinunu believed the house should be smaller
particularly as it was being built as a spec house.
4. CONSENT CALENDAR
Tryon reported that item 4.2a had incorrectly been placed on the Council's agenda.
Denials by the Planning Commission were not included on the Consent Calendar.
Therefore, item 4.2a was deleted from the agenda.
Items Removed: 4.1 (Dauber), 4.2c) (Dauber) and 4.4 (Siegel)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard
and passed unanimously to approve the balance of the Consent Calendar,
specifically:
4.2 Decided Not To Review the following Planning Commission Actions at
Its Meeting on October 28, 1992:
4.2b Lands of Kline, 26629 Snell Lane: request for a Site Development
Permit for a major addition and remodel
4.3 Awarded Certificates of Appreciation: Mary Compton,
Environmental Design and Protection Committee and John Ann Carlile,
Exhibit Curator
4.5 Adopted Ordinance #358 amending Zoning and Site Development Code
with regard to day care centers
4.6 Volunteer Awards Luncheon - November 20, 1992 - Authorized
payment of costs for staff to attend ($15 per person)
4.7 Adopted Resolution Certifying Update of Town's Disadvantaged
Business Enterprise Goal -- Reso #45-92
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Items Removed:
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4.1 Approval of Minutes: October 21, 1992 (Adjourned Regular)
October 21, 1992 (Regular Meeting)
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and
passed by the following roll call vote to approve the minutes of the October 21, 1992
Adjourned Regular City Council Meeting with the following correction: page 2,
third paragraph change "February" to "November".
AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Johnson
NOES: None
ABSTAIN: Councilmember Siegel
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and
passed by the following roll call vote to approve the minutes of the October 21, 1992
Regular City Council Meeting with the following corrections: page 2, delete
references to Lands of Hifai - incorrectly on agenda; page 4, last paragraph, add the
following "with the direction to the City Attorney to include the Building
Inspector"; page 6, next to last paragraph add the following sentence "The following
comments were made in response to this request.'; page 7 correct spelling of Taaffe
Road; page 10, last paragragh change the second sentence to read "She said the
Simonds agreed, as part of a neighborly gesture, to offer to the Town an easement
( commencing at the bulb of Atherton Court."; page 12, second paragraph, second line
change last word "budget" to "numbers"; page 13 add the following to Mayor
Tryon's comments: "The City Attorney responded they could" and page 13 next to
last paragraph change the word "revised" to "revisited".
AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Johnson
NOES: None
ABSTAIN: Councilmember Siegel
4.2c Lands of Movassete, 12620 Zappettini Court: request for a Site
Development Permit for a new residence and pool
Council decided to review the request for a Site Development Permit for a new
residence and pool at 12620 Zappettini Court - Lands of Movassate at their
November 18th meeting.
4.4 Ordinance Regarding Conflicts of Interest
Siegel commented that after removing this item from the Consent Calendar he had
realized that indeed the Building Official was included in this ordinance.
L.
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MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed unanimously to adopt Ordinance #359 regarding conflicts of interest.
5. UNFINISHED BUSINESS
5.1 Recommended wording for amendment to Town's Ordinance on Signs
and Advertising Structures
PASSED BY CONSENSUS: To direct the City Attorney to prepare an ordinance to
include the following rewording of Section 8-6.03b "There shall also be excepted
from the provisions of Section 8-6.02 of this chapter directional advertising displays
indicating the location of parcels or subdivisions of land for sale that are having an
"open house". These displays must be temporary in that they are not fixed in the
ground. They may be put up no earlier than one hour before the beginning of the
"open house" and taken down no later than one hour after the "open house" is
over. The ordinance shall also preclude open house signs being left up for long
periods of time such as over a weekend.
5.2 Request for reconsideration from the Santa Clara County Hazardous
Materials Advisory Committee
Council had received a request from the Santa Clara County Hazardous Materials
Advisory Committee that the Town reconsider participating on this committee at a
reduced contribution of $1,000 (original contribution was $1,500). Council discussed
the benefit of all cities participating but also reiterated their concerns that this must
involve minimal staff time.
PASSED BY CONSENSUS: To adopt Resolution #46-92 approving and authorizing
execution of a memorandum of understanding between the Town and Santa Clara
County regarding the Hazardous Materials Advisory Committee.
6. NEW BUSINESS
7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
8. STAFF REPORTS
8.1 City Manager
8.1.1 Housing Element
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The City Manager reported that the Housing Element issue would be on the
next agenda.
8.2 City Attorney
8.3 City Clerk
8.3a Report on Council Correspondence dated October 30, 1992
9. COUNCIL-INITIATED ITEMS
9.1 Proposal presented by Councilmember Dauber on "defacto subdivisions"
Dauber referred to her memo on de facto subdivisions and her concerns about
looking at such individual projects rather than the whole picture. Tryon suggested
that the rebuilding/building out sub-committee schedule a meeting in part to
discuss the issue of de facto subdivisions raised by Dauber. Siegel also suggested the
two areas of particular attention when a house comes in should be sewers and street
width planning.
9.2 Right-of-Way Policy
` Siegel asked that the City Attorney prepare an ordinance to include the right-of-way
policy approved by the Council.
9.3 Real Estate Signs
Council directed the City Manager to remove real estate signs which were placed in
illegal locations.
9.4 Activities Report from Safety Committee
Dauber commented on the report prepared by the Safety Committee showing
locations of traffic accidents and she asked that the Town identify these areas of
concern.
9.5 Measure A
Tryon commended the Citizens Coalition for Traffic Relief for their efforts in getting
Measure A passed.
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9.6 Solid Waste Sub-Committee
Tryon asked if the subcommittee had considered curbside pickups once or twice a
year. She believed there were some residents who just could not get to the
yardwaste site on Purissima. Hubbard stated that they were looking into all options
but at this time they were just considering the rate increase issue as the priority.
Dauber suggested that a charge be made for use of the yardwaste site.
9.7 Sub-Committee on Planning Issues
Tryon reported that this subcommittee would be meeting in the near future.
9.8 Joint Meeting with the Planning Commission
Council asked if 5:00 p.m. on Tuesday, November 17th was a convenient time for
the Commissioners to attend a joint meeting.
9.9 Sub-Committee on Neary Quarry
Dauber reported that she and Siegel and staff were planning to meet Mr. Vidovich at
the quarry at 1:00 p.m. on Friday.
9.10 Byrne Preserve Fence Project
The Director of Public Works reported that the contractor had been given a notice to
proceed on this project but had run into some delays with the materials he ordered.
9.11 Camper on La Paloma
Dauber inquired about a camper on La Paloma and was advised this was on the
Hoover project.
9.12 Library Reopening
Dauber reported that the reopening of the library was scheduled for mid-November.
9.13 Design Guidelines Handbook
It was noted that the sub-committee on the Design Guidelines Handbook included
Councilmembers Dauber and Johnson and Commissioners Comiso and Schreiner.
A meeting was scheduled for Monday morning with the consultant and it was
suggested that the Board of Realtors be contacted as a source of recommendations
and suggestions.
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9.14 Urban County Community Development Block Grant Program (CDBG)
It was reported that Commissioner James Sinunu had been appointed to the
Housing and Community Development Program Citizen's Advisory Committee.
9.15 1992-93 Pavement Management Project
The Director of Public Works reported that the unit prices for this project had come
in 50% less than last year. It was possible he may be able to work out a chip seal
project with the money saved.
10. PRESENTATIONS FROM THE FLOOR
11. PUBLIC HEARINGS
11.1 Application for tentative map for a five-lot subdivision, including
review of environmental impact report, Lands of Eshner/Wong,
Altamont Road and Altamont Lane
The applicant has requested that this item be continued.
The City Attorney reported that letters had been received from the owners of this
land waiving the time limit requirements and requesting continuance for an
unspecified time.
11.2 Request for modification to site development permit conditions of
approval for a new residence, pool and spa regarding right-of-way
dedication along Alta Lane South, Lands of Owen, 13040 Alta Lane North
Mayor Pro Tem Johnson stepped down from consideration of this project as he
lived within 300' of the project.
It was pointed out that Bob Owen was not the owner of the property. The owner
was Mrs. Phinney and the records should reflect this correction.
Bob Owen, applicant, addressed the Council concerning his request for a
modification to the approved conditions of approval to eliminate the requirement
for a right-of-way dedication along Alta Lane South. He commented that they had
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i started the project several months ago, had received input and support from the
kW neighbors but now had serious concerns about the conditions imposed at the
October 7th Council Meeting. Specifically of concern was the requirement to
connect to a sewer system and to dedicate a 15' right-of-way on Alta Lane South. Mr.
Owen explained the sewer hookup on the lot next door but noted it was a 4" line
and he did not know if they could tie into that system. He also stated that the
imposition of a 15' right-of-way dedication was an enormous hardship on his clients
as it had a major impact on the setbacks of the project. The neighbors too were
concerned about right-of-way dedications on Alta Lane North and South as they
were concerned about what future Councils might do. They wanted the area kept
rural and did not want more traffic as a result of the bulb. Mr. Owen asked for no
bulb to be required and no dedicated easement on Alta Lane South. However, if
there was a dedication, then no improvements. In addition he stated that he could
not guarantee they could accomplish a sewer hookup.
Jim Flack, 13070 Alta Lane South, commented that he believed it was a problem for
the public to provide input on a project when new issues were raised fairly late in
the process. He recommended that Council find a way to get issues back to the
Planning Commission at a rather early date to avoid confusion among the
neighbors. Mr. Flack referred to the turnaround issue and stated that he wanted to
discourage sightseers. He also believed there was a problem with creating an island
of land for which no one was responsible and he was concerned about the
landscaping. On the subject of the dedicated easement, he had mixed feelings: there
11/11/ could be more traffic but the house would be less visible if it were moved back.
Regarding the sewer connection, he was interested in connecting to a sewer and
would like to be apprised if Council could help in this area.
Valerie Beatts, 13171 Alta Lane South, agreed with the comments made by Mr. Flack.
She was concerned about the bulk and enormity of the project and also believed
there were gaps in the landscaping. On the subject of sewers, she reported that her
mother had lived at 13020 Alta Lane North in the 1970s and there were two
properties connecting to the Palo Alto Sewer. They were also involved in sewer
assessment district number 4 involving capacity rights. When Mr. Owen built the
house at 13050 Alta Lane North, he too connected to the Palo Alto sewer.
Bill Kull, applicant's engineer, referred to the topography of the road and stated that
it would be very difficult to widen. Concerning the right-of-way dedication, he
recommended that it not be required on Alta Lane South and explained the impact
of this condition on the project and siting of the house. Regarding sewer hookup,
he noted that if this project was hooked to the sewer next door the line would have
to be dug very deep. In response to comments made about the number of houses
hooked up, he reported that only one house was connected; the other house was
connected to the sewer main off La Paloma.
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Mrs. Phinney, 13040 Alta Lane North, stated that this had been a long, frustrating
`, process and her life was on hold until it was resolved. A lot of time, money and
energy had been spent on this project. She did say that she wrote a letter to the
Council after the meeting on October 7th and she apologized if she offended anyone.
She was quite upset about the conditions imposed by the Council at the meeting on
the 7th.
Bob Owen, applicant, commented on possible findings which could include the trees
being in place, no path being possible and a drop off for the house if moved back. He
also commented that if this house were moved back it would become more
predominent from the front of Jim Flack's house. Mr. Owen reiterated that they had
worked a long time on this project and a fifteen foot right-of-way dedication on Alta
Lane South did not work.
Jim Flack, 13070 Alta Lane South, noted that the Purissima Hills Water District had
a piece of property on the street and his property was at the maximum development
and floor areas so the Town could not require a right-of-way on his lot.
Dauber asked if Mr. Owen had considered changing the design of the house to make
it narrower. Mr. Owen responded that while there were possible areas of
compromise, this was a very emotional issue for his clients. She believed the house
was too bulky for the lot and that the increased setbacks would be beneficial for the
neighbors. Dauber also supported the donut turnaround as the better option for
4111, those on Alta Lane North and South. Hubbard asked how constricted the leach
fields would be, noting that it appeared the swimming pool would have to be
between the leach lines. He did not support the donut turnaround as he believed it
would be very confusing in the future when the landscaping was all grown. In
response to this comment, Dauber suggested if a turnaround was agreed upon, a
sign be immediately put in place stating that this was a driveway for these four
homes. Council discussed the issue of the 15' right-of-way dedicated easement and
strived to reach a compromise which would be in keeping with the Town's road
right-of-way policy and which would assist the applicant in moving forward on this
project. Dedications of from five to fifteen feet were discussed.
PASSED BY CONSENSUS: To require a turnaround at Alta Lane North and Alta
Lane South to provide for the safe egress of residents and accessibility of fire
equipment to the satisfaction of the City Engineer.
PASSED BY CONSENSUS: To require a 10' offer of dedication of a half-street right-
of-way on Alta Lane South.
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(kir MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Dauber and
passed by the following roll call vote to amend the conditions of approval for the
site development permit for a new residence, pool and spa at 13040 Alta Lane North,
Lands of Owen as approved by the Council at the November 4, 1992 Council
Meeting.
AYES: Mayor Tryon and Councilmembers Dauber, Hubbard and Siegel
NOES: None
ABSTAIN: Mayor Pro Tern Johnson
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council
Meeting was adjourned at 9:35 p.m.
Respectfully submitted,
Patricia Dowd
City Clerk
The minutes of the November 4, 1992 Regular City Council Meeting were
approved at the November 18, 1992 City Council Meeting.
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