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HomeMy WebLinkAbout11/18/1992 -w Minutes of a Regular Meeting November 18, 1992 Town of Los Altos Hills City Council Meeting Wednesday, November 18, 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: 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: David Wallace, Los Altos Town Crier Hubbard commented that he had received a request from the YMCA to use Council Chambers on December 1st for a Youth in Government Event. He asked if this matter could be added to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to add the request from the YMCA to use Council Chambers on December 1st for a Youth in Government Event to the agenda as an urgency item as it had been brought to Council's attention after the agenda has been finalized. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to approve the request from the YMCA to use Council Chambers on December 1st for a Youth in Government Event. November 18, 1992 Regular Meeting I kir 2. APPOINTMENTS AND PRESENTATIONS 2.1 Mountain View-Los Altos Union High School District Tryon noted that since this item had been discussed at the last meeting, Hubbard had offered to serve as the Town's representative on the community advisory committee MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to appoint Hubbard as the Town's representative on the community advisory committee established to determine how best to meet the long-term facility needs of the Mountain View-Los Altos Union High School District. 3. PLANNING COMMISSION REPORT Planning Commissioner Sinunu reported that the following actions were taken at the November 12th Planning Commission Meeting: 1) Lands of McPadden, 25881 Estacada Drive - request for a site development permit for a minor addition, conditional development permit and variance - approved; 2) Lands of Kornfield, 26209 Dori Lane - request for a site development permit for a spa and variance - denied; 3) Lands of Bella, Lands of Viso and the haw household hazardous waste element and source reduction element were continued; 4) ordinance allowing eaves in setbacks - recommended approval; and 5) Lands of Swanson, 27575 Purissima Road -a conceptual review of a proposed height variance to allow for a 38' high house on three acres -- applicant advised this would not be acceptable. Dauber asked a procedural question regarding Lands of McPadden. Since it showed on the Planning Commission's agenda as a Consent Calendar item should it be shown on the Council's agenda for concurrence. Staff explained that public hearings on certain minor applications were listed on the Consent Calendar with the announcement made that if anyone wanted to pull the item for discussion they of course could do so. Dot Schreiner, Planning Commissioner, stated that she did not believe variances should be placed on the Consent Calendar. She personally had had concerns about the development area on the Lands of McPadden. November 18, 1992 Regular Meeting 2 Tryon commented that the joint meeting with the Planning Commission Nay Commissioners scheduled for November 17th had not been held because two Commissioners could not make it. She stated that she had spoken with Planning Commission Chairman Pahl and stressed the urgency of proceeding with the review of the General Plan. Sinunu noted that assignments had been made to the Commissioners for review of the elements of the General Plan and reports would be brought to the Council as soon as reviews were completed. 4. CONSENT CALENDAR: Item Removed: 4.7 (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: November 4, 1992 (Adjourned Regular) November 4, 1992 (Regular Meeting) 4.2 Approved Warrants: $44,115.57 (10/30/92) $10,873.94 (11/3/92) 4.3 Decided Not To Review the following Planning Commission Action at Its Meeting on November 12, 1992: 4.3a Lands of McFadden, 25881 Estacada Drive: request for a Site Development Permit for a minor addition, conditional development permit and variance 4.4 Introduced Ordinance revising the Municipal Code regarding signs 4.5 Issued Proclamation: "Winter Weather Preparedness Week" -- November 16-20, 1992 4.6 Awarded Contract for 1992-93 Striping Project -- Reso #48-92 4.8 Granted Permission to the YMCA to use Council Chambers on December 1, 1992 for a Youth in Government Event November 18, 1992 ,✓ Regular Meeting 3 Item Removed: 4.7 Award of Contract for 1992-93 Pavement Patching Project -- Reso # Siegel noted that $225,000 had been budgeted for this project and that the chip sealing portion was being postponed to spring. He strongly believed that the chip sealing should be done in this fiscal year. The Director of Public Works responded that the bids for this years pavement patching project had come in far less than last year. However, this was not a good time of year to chip seal. It did not adhere as well in cold weather but it would definitely be done in this fiscal year. Dauber noted that at least two homes were being built on La Paloma and she inquired what affect the construction trucks would have on this road work. The Director of Public Works responded that part of the road was sinking and the longer this repair work was put off the worse it would get. In addition he noted that this project would not correct the drainage issue in that area. In response to an inquiry from Hubbard regarding unit costs per square foot, the Director of Public Works stated that this information was available and the contractor was agreeable to the added work to the contract. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to adopt Resolution 49-92 awarding the contract for the 1992-93 Pavement Patching Project and granting the Director of Public Works the authority to add additional repair work to the project up to a maximum contract of $110,000. 5. UNFINISHED BUSINESS 5.1 Recommendation for a Four-Way Stop Sign at Altamont and Taaffe Road Intersection Mr. Fisher, member - Safety Committee, commented that he supported the staff's recommendation not to place a stop sign at this intersection since the reports from the Sheriff's Department indicated no history of accidents at this location. Tryon believed this issue could be reviewed if the neighbors had any comments and Dauber suggested that the deputy park there on occasion as a warning to speeders. Johnson noted that there was a sign for a horse crossing so people should be slowing down anyway. In response to Coucil's suggestion that the site distance be improved, the Director of Public Works commented on the grading of the slope and the junipers planted in the right of way. t� November 18, 1992 ` Regular Meeting 4 1111, MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to determine that a four-way stop at the intersection of Altamont Road, Taaffe Road and Deer Springs Way was not appropriate at this time and to direct the Director of Public Works to proceed with improving the site distance at this location. 5.2 Santa Clara Valley Water District - Adobe Creek Planning Study Discussion Randy Tally introduced Scott Wilson, Steve Smith and Stan Wolfe who were representing the Santa Clara Valley Water District. A discussion followed on the Adobe Creek Study which included a slide presentation. Mr. Wilson addressed goals and objectives, the planning process, problem areas including descriptions of homowner-built structures and alternative solutions. Regarding maintenance, the following areas were mentioned: identification of critical erosion sites; maintenance guidelines and maintenance easements. (A handout from the Santa Clara Valley Water District listing location, existing problems and possible solutions for Adobe Creek is on file at Town Hall.) In response to an inquiry from Siegel concerning the alternatives for the Hau property at Edith and Fremont, Mr. Wilson noted the following options: rock-lined channel, gabion lined channel (wire baskets), gabion lined channel with armorflex invert; u-frame concrete lined channel or bypass culvert. kir Siegel noted that the Hau property was for sale and he believed it was important that within the next few months decisions regarding the creek be made. It was in the Town's interest that this project be completed and he strongly urged that work be done on bringing this to a conclusion. Tryon commented that it was important to both Los Altos Hills and Los Altos. Jean Struthers, 13690 Robleda, stated that she had attended earlier meetings on Adobe Creek and concrete channels had not been mentioned as an option. She did not think they were in keeping with the rural character of the Town and recommended that the Town purchase the Hau property and keep it as a park. Mrs. Struthers further suggested removing the eucalyptus trees which would therefore widen the creek at least a bit. She believed constant vigilance was important and commented on the creek clean-up day which had taken place on November 7th and which had been quite successful. November 18, 1992 Regular Meeting 5 Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, commented on the three-lot subdivision at the end of Dawnridge where Hale Creek ran under the freeway and a lot had been removed and purchased by the Water District. Eric Millar, Los Altos, referred to a letter written on behalf of the neighbors on Adobe Creek in which they recommended the bypass culvert alternative to address the Adobe Creek problem. They believed this would enhance the quality of living and found the concrete channel alternative totally unacceptable. He supported working with the Town toward an equitable solution. Penny Lave, Mayor of Los Altos, also stated that Los Altos was not in support of concrete-lined channels. Los Altos had an environmental committee which had met with some of the residents involved and which also included a staff person. Dauber suggested that the possibilities be explored if the land were available to the Town and Siegel and Johnson noted that they were most interested in the process. Tryon recommended the formation of a sub-committee to work with Los Altos and the Water District on the issue. PASSED BY CONSENSUS: It was agreed that concrete lined channels were not considered an alternative solution for Adobe Creek. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to support the Mayor's appointment of a sub-committee of the Council (including representatives of the Environmental Design and Protection Committee and the Pathways Recreation and Parks Committee) to work with Los Altos to work toward an agreement with the Santa Clara Valley Water District on the Adobe Creek issues at Edith and Fremont. 6. NEW BUSINESS 6.1 Response to request by Attorney General regarding establishing a date certain for submittal of the Town's revised Housing Element Council discussed the process of reviewing the Town's housing element and the procedures involved. A survey or audit of secondary dwellings was suggested as was a confidential survey to find out who was living where, what rent was paid, etc. It was further noted that in other communities amnesty periods had been offered for those with illegal secondary dwellings in an attempt to get an accurate reporting November 18, 1992 �+ Regular Meeting 6 of all such units. Hubbard asked staff if consultants were needed to accomplish this task or if it could be done in house and/or with volunteers. Tryon referred to two viewpoints - legislation and technical requirements - and suggested cooperative agreements among jurisdictions. The City Attorney stressed that the requirements had changed over the last few years and much more factual, statistical information was now required. Council asked the City Attorney to provide the following information: summary of new requirements, copy of current housing element, copy of current law, copy of rejection letter, definition of 'affordable' and a report on communities similar to the Town who have approved housing elements. It was decided that an adjourned regular meeting would be held on December 2nd to discuss the housing element and at that time Commissioners Comiso and Pahl could present a status report on their review of the housing element. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to authorize the Mayor to sign a letter identifying November I, 1993 as the submittal date for the Town's revised housing element and to direct staff to prepare a realistic outline of the work program toward this goal. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND IOW COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Update from the Solid Waste Subcommittee The City Manager reported that several meetings had taken place with Jon Angin of the Los Altos Garbage Company and a tentative agreement was close to being reached. In response to the City Attorney's reminder that a public hearing with required noticing would be necessary, the City Manager recommended approval of an interim memorandum of understanding regarding the rates. Hubbard commented on the following three issues which needed to be addressed in the future: fee for yardwaste program, mandatory garbage service and a progressive rate structure. Siegel reported that the Finance Committee had discussed the solid waste issue at their recent meeting. In part the issue of the Town not getting the share of costs covered by the fees was discussed. Tryon reiterated her support expressed at an earlier meeting for curb side pick up a certain number of times a year. It was noted that if the fees were going to be increased then the services available should be better. Hubbard commented on November 18, 1992 Regular Meeting 7 4.11.0 converting the four clean up days to two curb side pick ups excluding yardwaste. The yardwaste was a separate program which could be addressed later. Dauber stated that this was a large increase and strongly advised getting input from the community. She also believed that if a contract was not in place by January that the yardwaste program should be suspended. The City Manager reported that negotiations would continue with the Los Altos Garbage Company and if necessary a special meeting would be called in December to address this issue. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Consideration of Family Bereavement Leave for Town Employees MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to approve three days of family bereavement leave for Town employees. 3/411W 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 11/13/92 9. COUNCIL-INITIATED ITEMS 9.1 Further discussion of Designation of Heritage Trees (Councilmember Siegel) Siegel referred to the October 21st Council Meeting at which this issue had been discussed and he noted that it seemed there had been no clear direction at the end of the conversation. While he had not been present at that discussion, he presented Council with a proposed motion which he believed outlined the steps which he would like to see taken toward the designation of heritage trees in the Town. November 18, 1992 Regular Meeting 8 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to 1) Instruct the Environmental Design and Protection Committee to prepare a Plan of Protection for the recommended Heritage Trees on the Burnell and Botsford properties. The Committee is not authorized to use an arborist at Town expense in the preparation of these plans. The owners of the properties upon which these trees exist shall agree in writing to comply with the proposed Plan of Protection.; 2) When the work set forth in Item 1 is accomplished, the City Clerk shall set the matter for public hearing pursuant to Ordinance Code Section 12-2.401. The Committee shall have photographs of the trees available at the hearing.; 3) The Environmental Design Committee shall recommend to the Council an appropriate marker to be placed near trees designated as Heritage Trees.; 4) The Town Historian shall maintain a record together with photographs of the Heritage Trees of Los Altos Hills.; and 5) The Environmental Design and Protection Committee is urged to consider for 1993 the designation as a Heritage Tree a tree located in Byrne Preserve. 9.2 Budget Hearings Tryon asked the City Manager to invite the legislators representing the Town to be present at Town Budget hearings. 9.3 Francemont Bridge Tryon reported that the fence was blocking the path. 9.4 Fair Political Practices Commission Tryon noted that she had heard that the late filing of statements of economic interest was now a criminal act and asked the City Attorney to report on this. 9.5 National League of Cities Tryon asked if the Council was interested in joining the National League of Cities and the response was no. 9.6 Santa Clara County General Plan Tryon noted that Johnson would be reporting on the Santa Clara County General Plan perspectus. November 18, 1992 kor Regular Meeting 9 9.7 Tanner Committee Tryon congratulated Johnson on his appointment to the Tanner Committee. 10. PRESENTATIONS FROM THE FLOOR Jean Struthers, 13690 Robleda Road, urged the Town to finish the bridge on Robleda as she believed this was a dangerous situation. She noted that in 1978 the path had been installed on Robleda as a safety measure for children particularly as the road was quite narrow. The Director of Public Works responded that the design for the box culvert was ready and the broken downstream headwall would be fixed. With the design now avaible, this project would proceed. He further noted in response to an inquiry made by Carol Gottlieb, Chairman of the Pathways Recreation and Parks Committee, that the width of the path would not be changed. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a new residence and pool, Lands of Movassate, 12620 Zappettini Court Mr. Movassate, applicant, presented a drawing of the house as seen from the driveway. He believed the visual impact of this project was quite minimal even IOW from the house which was in front of this one and was the one in which he was going to live. In response to the comment from Tryon that this project was at the maximum development and maximum floor area, Mr. Movassate stated that he was aware of this. He believed that some of this may be reduced when the landscaping plan was submitted. In response to Dauber's inquiry as to whether they had considered putting the garage on the other side of the house so there would not need to be so much driveway, he stated that this was the design they thought was best and was most aesthetically pleasing. Dot Schreiner, Planning Commissioner, stated that she had voted against this project because it was at the maximum development and floor areas allowed, would be visible even from Altamont when the trees were removed and impacted the privacy of the home in front of it. She also referred to design guidelines dealing with rooflines, large wall expanses and heights, as approved by the City of Saratoga, which she believed were violated. November 18, 1992 Regular Meeting 10 Carol Gottlieb, Chairman - Pathways Recreation and Parks Committee, stated that Ibr there was an important path on this property and the paths should remain clear during construction work even though the Town at this time did not have a connection. She also commented that the wall on the Altamont path needed to be removed but she did not know if Mr. Movassate was responsible for this. Dauber noted that this was a flag lot and she thought the siting of the house was strange. The front of this house was practically in the living area of the other house. She further commented that there was a large amount of turf block and she inquired what would happen if it failed. In her opinon, it was a boxy house set very close to the setback line and was 27' high. Dauber noted that three-fourths of the trees would be removed and asked if rotating the house 90 degrees had been considered. Johnson referred to the Town's General Plan and noted that while this project was at the maximum development areas allowed and would look terrible in any other part of the Town, no one else could see it in this location and he could find no legal reason to deny this application. Siegel noted that with all of the conservation easements on this lot it was just about the only place to site the house. He concurred with the comments made by Johnson but did suggest that a condition be added stating that turf block would be used only in the circle and not on the entire driveway. Tryon did not believe that this house was designed for the lot but rather designed for the use of the most square footage. She believed that rather than blending in with the scenic, rural community these were houses which were formally lined up boxes. Hubbard concurred with the comments made by Johnson and emphasized the importance of the condition on landscaping. Hubbard did ask staff about the condition regarding inspections and was advised by the Town Planner that as an added precaution that all site development conditions of a project had been met, an inspection was conducted by the Planning Department prior to building inspection finals. Hubbard suggested expanding on this standard site development condition to avoid any confusion on the part of the applicants. MOTION SECONDED AND FAILED: Moved by Dauber, seconded by Siegel and failed by the following roll call vote to send the application for a site development permit for a new residence and pool for Lands of Movassate at 12620 Zappettini Court back to the applicant for redesign with the following recommendations: site house in such a way that backyards are contiguous, preserve a small amount of view corridor for house in front, potentially reduce amount of pavement and reduce floor area by 600 square feet so that a future owner could have a secondary unit. AYES: Councilmembers Dauber and Siegel NOES: Mayor Tryon and Councilmembers Hubbard and Johnson November 18, 1992 411ir Regular Meeting 11 libv Hubbard stated that he did not believe it was right to impose personal aesthetics on a project. This project was not violating any of the Town's Codes. Johnson further noted that he could not support this motion in part because it involved the drastic step of redesign at great expense to the applicant. Tryon was not convinced that turning the house would work. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to add the condition that turf block will be used only in the circular driveway area and asphalt will be used in the remainder of the driveway. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to approve the request for a site development permit for a new residence and pool for Lands of Movassate at 12620 Zappettini Court subject to the conditions as recommended by the Planning Commission and as amended by the City Council. AYES: Mayor Tryon and Councilmembers Hubbard and Johnson NOES: Councilmembers Dauber and Siegel 12. ADJOURNMENT There being no further new or old business to discuss, the City Council 11111/ Meeting was adjourned at 9:45 p.m. Respectfully submitted, ' Patricia Dowd City Clerk The minutes of the November 18, 1992 City Council Meeting were approved at the December 2, 1992 Regular City Council Meeting. November 18, 1992 Regular Meeting 12