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HomeMy WebLinkAbout02/06/1991 hibi► Minutes of a Regular Meeting February 6, 1991 Town of Los Altos Hills City Council Meeting Wednesday, February 6, 1991, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Johnson and Tryon. Absent: Mayor Pro Tern Hubbard Staff: Acting City Manager and Director of Public Works Bill Ekern; City Attorney Sandy Sloan; Planning Consultant Margaret Netto and City Clerk Pat Dowd Press: Cristal Borlik, Los Altos Town Crier Siegel noted that Mayor Pro Tem Hubbard was not present as he was out of town attending services for his mother-in-law who recently passed away. Siegel expressed the Council's sympathies to the Hubbard family during this time of personal loss. Siegel also reported that two applicants had requested continuation of their public hearings. The public hearings for the Lands of Liu and the Lands of Eshner would be held on February 20, 1991. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to Los Altos Library Commission and Town Standing Committees MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to reappoint Elayne Dauber to the Los Altos Library Commission for a four-year term and to appoint Barbara Vetterlein to the Safety Committee for a two-year term. February 6, 1991 1 2.2 Report from Edwina Comiso on CDBG Meeting This item was continued to the next meeting as Commissioner Comiso was not present at the meeting due to illness. 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Items Removed: 4.1 - January 16, 1991 Regular Meeting, 4.9 and 4.12 (Tryon); 4.15 (Johnson abstained from vote); and 4.4, 4.10 and 4.13 (Casey) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved of Minutes: January 16, 1991 (Special Meeting) January 21, 1991 (Adjourned Regular) ` 4.2 Approved of Warrants: $74,334.59 (1/21/91) $51,396.17 (1/31/91) 4.3 Accepted Financial Report: December, 1990 4.5 Denied of Claim: Cemco Industries 4.6 Approved Contract with Richard DeLong for Acting City Manager Services -- Reso #7-91 4.7 Approved Final Map, Lands of LoConte, 28140 Story Hill Lane -- Reso #8-91 4.8 Awarded Certificates of Appreciation to Barrie Freeman and Kathy Kelly for their contributions on the Pathways, Recreation and Parks Committee 4.11 Certified retirement documentation for Robin D. Faisant 4.14 Granted Request from the Los Altos Fire Department that Council authorize the removal of two dead trees at APN 182-29-061, Buena Vista Drive February 6, 1991 2 460 4.15 Denied Request from the Peninsula Volunteers for financial support in their 1991 Advertising Program Johnson abstained from voting on this request. Items Removed: 4.1 Approval of Minutes: January 16, 1991 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to approve the minutes of the January 16, 1991 regular City Council meeting with the following corrections: page 2, item 2.2, last paragraph should read: " not interview the applicants who were both present.", page 10, the last paragraph should read: " accepted the Town's offer to pay the $240 installation charge for a pay phone booth at the school."; and page 12, item 11.2 should read: "Senator Boatright's Bill - SB 169." 4.4 Letter of Support for SB 169 Council discussed the issue of SB 169 and decided that there were so many aspects to hey this bill and the entire subject that it might not be the appropriate time for the Mayor to write a letter of support on behalf of the Council, although if individual Councilmembers wished to send letters they may do so. It was agreed to continue this item so that it could be addressed again if more information became available. 4.9 Acceptance of Comments on Draft Joint Powers Agreement for the Santa Clara County Congestion Management Agency PASSED BY CONSENSUS: The Mayor would send a letter including the following comments on the draft joint powers agreement: amend IO.D to provide for a two- thirds affirmative vote to levy fees or charges against member agencies; state concurrence with the formula for 50 percent job/50 percent subventions; and express agreement with the changes discussed between Barbara Tryon and Michael Evanhoe concerning 2.A Coordinating transportation and related land use planning within Santa Clara County in concert with the other statutory bodies within the County and page 5, item K, include the Traffic Authority. 4.10 Filing Notice of Completion for the Construction of Storm Drainage Improvements -- Reso #__ Casey noted that these improvements were related to the drainage project on L Magdalena about which there were still several concerns raised by the neighbors. February 6, 1991 3 She wanted to be sure that these issues would still be addressed and was advised that they would be but were a separate issue from the acceptance of the improvements. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to adopt Resolution #9-91 accepting as completed the work of "Construction of Storm Drainage Improvements, Fiscal Year 1989-90," authorizing final payment concerning such work and directing the City Clerk to file notice of completion. 4.12 Acceptance of Comments and Recommendations on the Bay Vision 2020 Proposal and AB 3 Tryon proposed a statement reflecting Council policy which indicated support for the basic philosophy contained in the report, but stated clearly that any RC which exercised power over development and growth throughout the entire Bay Area should be composed of all elected officials in order to be accountable to the public for its decisions. Siegel concurred and proposed a letter be sent to the appropriate agencies and individuals indicating this, as well as additional comments proposed by Mayor Siegel. PASSED BY CONSENSUS: The Mayor will send a letter outlining the Council's comments on the Bay 2020 Proposal: 4.13 Request for Site Development Permit Extension and Waiver of Fees, Lands of Anderson, 13021 W. Sunset Drive MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to grant Mr. Anderson's request for a site development permit extension but not to grant his request for waiver of fees. AYES: Mayor Siegel and Councilmembers Johnson and Tryon NOES: Councilmember Casey ABSENT: Mayor Pro Tem Hubbard Casey did not believe it was appropriate that an appliant be charged for an extension during which time very little if any new work was done on the application. The Director of Public Works pointed out that this was part of the fee structure adopted by the Council and could be changed by the Council if they wished. 5. PRESENTATIONS FROM THE FLOOR Mr. Dan Alexander, President - Historical Society, reported that a committee had met earlier in the evening to discuss saving the Griffin House. A flyer had been prepared which he gave to Council and they would soon start circulating a lbw petition. He urged everyone to support their efforts to save this historic house. February 6, 1991 4 411.0 Mr. Hal Nissley, 12422 Robleda Road, addressed the Council concerning his dispute with his neighbors, the Suns, over a driveway issue. Mr. Nissley asked the Council to support his forming a committee to prepare quantitative measurements concerning the driveway and he also asked if he could hire Margaret Netto, the Town's planning consultant, to work on this committee. It was noted that this dispute had already gone to Court. Council stated that it was not appropriate for the Planning Consultant to be hired by Mr. Nissley for this project and asked that this request be agendized for a Council meeting. 6. PUBLIC HEARINGS 6.1 Appeal of Site Development Committee's Denial of Request for a Site Development Permit for a New Residence and Swimming Pool, Lands of Liu, 28635 Matadero Creek Lane This item was continued to the next Council Meeting at the request of the applicant. 6.2 Appeal of the Site Development Committee's Denial of a Request for a Permit Modification to Change Siding from Shiplap to Stucco, Lands of Finn, 12009 Finn Way Mayor Siegel stepped down from consideration of this item as he was a neighbor and could not vote on the issue. He named Councilmember Casey as Acting Mayor. Casey asked why this issue went to the Site Development Committee in the first place and was not handled administratively. The Director of Public Works responded that it was a condition which was believed to be integral to the approval of the application by the Site Development Committee. Mr. Stephen Finn, applicant, explained his reasons for requesting stucco. In part it was because of the drought and also because of fire concerns, especially since the house had several huge oak trees around it. Mr. Finn stated that this change was supported by the neighbors and the house was not visible from Prospect or La Loma. He also suggested that it was "prairie style". Mr. Stephen Pahl, 27431 Black Mountain Road, stated that the shiplap siding had not been made a condition of site development. He also expressed concern that the applicant had to come before Council on this matter. He believed it should have been handled administratively. Mr. Pahl noted that the Town appeared to be getting into the area of architectural review. ity February 6, 1991 5 He believed the Town was special in that it had different styles and types 411/ of homes. Mr. Pahl supported the appeal. Mr. William Siegel, 24905 La Loma, stated that he was a neighbor and had not been approached by Mr Finn concerning this matter. Not all of the neighbors were in support. Casey stated that she concurred with the comments made by Mr. Pahl. Tryon stated that the Site Development Committee was a form of architectural review. She also questioned the applicant's concerns about fire safety when he planned to put a cedar shake roof on the house. Tryon also commented that cost might be a consideration as stucco was less expensive that shiplap. Johnson believed that the objection to stucco was based on appearance. In his opinion, it would not matter if it was shiplap or stucco as there really was not much wall space to cover with the windows and different shapes of the house. He also did not agree at all with the Director of Public Works' comments about reflectivity. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to grant the request for a permit modification to change siding from shiplap to stucco for Lands of Finn at 12009 Finn Way. AYES: Councilmembers Casey and Johnson NOES: None ABSENT: Hubbard ABSTAIN: Tryon 6.3 Request to Vacate Conservation Easement, Lands of Eshner, Tract 4897 -- Reso #____ This item was continued to the next Council Meeting at the request of the applicant. 6.4. Appeal of Planning Commission's Approval of a Modification of a Conditional Development Permit and Site Development Permit for a New Residence, Lands of Hansen, Lot #19, Amherst Court Siegel stated that he appealed this approval because it is a sub-standard lot which has a dormant landslide. He believes the Council should make the final decision on lots such as these. He noted that the property has a LUF of .37; that the Conditional Development Permit first established on June 28, 1989 a MDA of 4,600 square feet and a MFA of 3,000 square feet. The plans before the Council on February 6, 1991 with the approval of the Site Development Committee increase the MDA to 5,802 square feet, the MFA to February 6, 1991 6 4,000 square feet and a building footprint established on 9/27/89 of 2,400 4.40 square feet has been increased to 2,937 square feet. On October 24, 1990 the Planning Commission denied a variance to reduce the required four parking space requirement to three. Siegel supported granting the variance thereby keeping the MDA lower. The City Attorney referred to a list of eight possible additional conditions to the Hanson site development permit which she had prepared. See Attorney memo dated 2/6/91. These conditions specifically addressed concerns raised in the Town Geologist's reports on the Hanson project, clarified Town policies, provided for a hold harmless agreement and also provided for recordation. Mr. William McClure, applicant's attorney, stated that he and the City Attorney had reviewed the proposed conditions for the project. He concurred with the conditions but did note that concerning drainage they would not be able to get a building permit unless the geotechnical consultant concurred with the drainage recommendations. Mr. McClure further commented that Mr. Hanson had purchased the lot in 1969 and in 1980 began considering building a home. His goal was to have a house that he could live in but which would also be economically feasible. They had attempted to work with the Town and hired a geotechnical consultant in 1985 and obtained a conditional development permit in 1989. He noted that they concurred with either three or four parking spaces but stated that this was a major source of concern to the neighbors. Mrs. Dietrick, 14227 Amherst Court, stated that they were very concerned about this lot. The building coverage had been increased from 2,400 to 2,930 square feet and she believed they were trying to build a hill to fit the house rather than vice versa. The land had a 38.9% slope and there was a tremendous amount of runoff when it rained. Mrs. Dietrick also suggested that a liability bond be posted in case the owner walked away from the project before it was completed. Mrs. Dietrick also commented that the Homeowners' Association would review the parking space plans and make the decision. Tryon stated that she believed it was important to include a soils engineer in the project; inquired as to the type of swaling to be required; and asked if the neighbors had expressed concerns about the height of the house. Mr. William McClure, applicant's attorney, stated that the property owner was liable for the completion of the improvements and there was massive liability if the hill came down. February 6, 1991 7 Tryon noted that the development area proposed for this lot was at the maximum and she asked the applicant if he was sure he did not want any additional walkways, accesses, etc. Siegel restated that the applicant had no room for additional development and he wanted to be sure they understood this. Mr. McClure, applicant's attorney, stated that they understood they had no more development area for this lot and could not add any to the application before Council. MOTION FAILED DUE TO LACK OF A SECOND: Siegel moved that the variance for three parking spaces instead of four on the property be granted. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously by all members present to uphold the decision of the Planning Commission to approve the modification of the conditional development permit and issuance of a site development permit for a new residence for Lands of Hansen based on the conditions approved by the Planning Commission and further amended by Council to include the eight conditions prepared by the City Attorney. It was noted that the City Attorney and Mr. McClure, the applicant's attorney, �/ would work together to incorporate the added conditions by Council to the site development conditions approved by the Planning Commission. 7. UNFINISHED BUSINESS 7.1 Mid-Year Budget Review Tryon inquired about the mid-year budget review and it was noted that request would be directed to Mr. DeLong, the Acting City Manager when he started with the Town mid-February. ' 7.2 Pathways Casey reported that she, Barrie Freeman and Kathy Kelly were going on a tour of the paths Sunday morning and all Councilmembers were invited to join them. Casey also commented that the Chairman of the Environmental Design and Protection Committee had recently noted that she had not been advised in a timely fashion regarding a Council agenda item addressing activities of certain committee members. Due to short notice she had been unable to be at the meeting at which this was discussed. Casey stated that she had brought this request to the City Manager for the agenda well before the meeting and Mrs. McDaniel should have been given ample notice. February 6, 1991 8 `' 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMIT I I:ES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence dated February 1, 1991 Siegel asked how the letter from Mr. Micho regarding new proposals for his project should be handled. The City Attorney responded that according to State Law the Planning Commission would need to hear a new application before the Council but the Council could discuss it for conceptual comments. Council agreed that the L� Acting City Manager should send a letter to Mr. Micho regarding the procedures for resubmittals of plans. Council noted that there should be a specific proposal from Mr. Micho which was substantially different than the last proposal and the proposal should be in writing. It was noted that the neighbors would be notified if a study session was held on this issue. Council acknowledged the response prepared by the Director of Public Works on the Adobe Creek Reconstruction issue and directed staff to return to the Council with a report if the issues were not resolved by the second meeting in March, 1991. Casey asked that Pat Webb from Brian Kangas Foulk be present at the public hearing on Liu and Commissioner Carico suggested that Mary van Tamelen be asked to attend as she was involved in the Matadero Creek Subdivision. Casey referred to the letter from Mr. and Mrs. Weiss and commented that she too was concerned about the issue of franchise fees and Sun Country Cable. Casey did not like the way it was being handled. The City Attorney referred to correspondence between her office and Sun Country Cable on the issue of franchise fees. Council asked staff to call Sun Country Cable and request their February 6, 1991 9 _ attendance at the next Council Meeting to address the issue of franchise fees. 11. COUNCIL-INITIATED ITEMS 11.1 Maintenance Crew Status Discussion (Councilmember Tryon) In response to an inquiry from Tryon concerning staffing of the maintenance crew, the Director of Public Works explained that Art Mendoza was returning to the crew in a supervisory position and there were two other full-time crew members and one part-time person. For the last several months of 1990 the priority had been drainage work and now the crew was working primarily on roadside paths with identification of off-road paths to take place in the next few months. Tryon noted that in the past five crew members had been budgeted for and she believed that this should be discussed at budget time. There were so many projects to be done and she believed the Town needed a regularly staffed crew constantly working in the Town rather than hiring different people for short times. Mrs. Dot Schreiner, Chairman - Pathways Recreation and Parks Committee, asked the Director of Public Works for clarification of the money budgeted for and used to date for the pathway projects being undertaken by the crew. She also questioned the issues raised by those filing complaints with the Town. It was noted that the area maps being worked on by the Pathways, Recreation and Parks Committee would be ready for a Council meeting in the near future. Mrs. Elayne Dauber, 28930 Roble Alto, commented that if there was a problem with an on-road path you could get around it by going on the roadway but if there was a problem on an off-road path you could not get around it. Council noted that four of the blue recycling bags were at the corner of El Monte and Stonebrook. Mrs. Dauber said she would take care of picking them up. 11.2 Possible Appointment of a Council Sub-Committee on the Town Logo and Materials Production (Councilmember Tryon) Tryon stated that she did not want to see this whole issue dropped and suggested that Casey and Johnson serve on a subcommittee to get it resolved. Casey stated that if she were going to do this she wanted a specific budget to work within. She also noted that while graphic firms would be less expensive than PRX it might be worthwhile to proceed with PRX with a limit of $5,000 since $2,500 had already been spent for their February 6, 1991 10 work on this project. Johnson believed that they should be presented with 4111IV designs and then decide how much they wanted to spend. Casey noted that such designs would not be prepared without cost. Tryon did not concur with putting a limit of $5,000 on the project. PASSED BY CONSENSUS: To appoint Casey and Johnson to a sub-committee on the Town Logo and Materials Production. It was further agreed by all present except Tryon that the project would be completed within a $5,000 budget. 11.3 Request From Mayor For Council Authorization To Attend the 25th Annual Employee Relations Institute in Monterey, February 27-28, 1991 (cost of registration only) PASSED BY CONSENSUS: To grant the Mayor's request to attend the 25th annual employee relations institute in Monterey February 27-28 (cost of registration only). 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 10:10 p.m. ftliv Respectfully submitted, Patricia Dowd City Clerk The minutes of the February 6, 1991 Regular City Council Meeting were approved at the March 6, 1991 Council Meeting. fir February 6, 1991 11