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HomeMy WebLinkAbout06/05/1991 (2) Minutes of a Regular Meeting June 5, 1991 Town of Los Altos Hills City Council Meeting Wednesday,June 5 , 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, Hubbard, Johnson and Tryon. Absent: None Staff: Acting City Manager Richard DeLong; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Consultant Margaret Netto and City Clerk Pat Dowd hlr Press: None Mayor Siegel noted that the public hearings scheduled for this meeting on Lands of Malek and Lands of Circle had been continued at the request of the applicants. In addition he asked that Item 11.2 be moved forward on the agenda. Council concurred with this request. Casey noted that a long-time resident of Los Altos Hills, Larry Nelson, had passed away on May 16, 1991. Mr. Nelson had been active in community events for many years and had owned the Los Altos Pharmacy. He was survived by two sons and three grandchildren. 2. APPOINTMENTS AND PRESENTATIONS 2.1 July 4, 1991 Celebration Update and Request for Funds Edwina Comiso, 27933 Briones Way, reported that the July 4th Celebration Committee had decided on an itinerary for the morning of July 4th at Moffett. The events would start with a pancake breakfast and at the close of the events, mid-afternoon, sponsors of military personnel would take the service men and women and their families back to the sponsors' cities June 5, 1991 Regular Meeting 1 to join in the local celebrations. On August 3, 1991 there would be another Salute to the Desert Storm Troops at Moffett which would be tied in with the air show. PASSED BY CONSENUS: To direct the Mayor to write a letter to the City of Los Altos commenting that the Town would like to join them in their July 4th Celebrations and to contribute $400 toward the expenses of the July 4th events. 3. PLANNING COMMISSION REPORT Planning Commissioner Judy Carico reported that the following public hearings were held at the May 22, 1991 meeting: 1) Lands of Chiang, request for a site development permit for a secondary dwelling - approved; 2) Lands of Janac, request for a site development permit for grading and retaining walls - approved; 3) Lands of Shockley, request for a site development permit for a new residence and swimming pool - approved; 4) Lands of Finn, request for a site development permit for a tennis court, swimming pool and cabana - approved; 5) ordinance amending definition of setbacks to exclude eaves - continued; and 6) ordinance amending Code to clarify site development review of residences - recommended approval and requested consideration of requirement of a conditional development permit rather than a variance. Commissioner Carico noted that there was not a certified map for the Lands of Chiang and she did not believe the Town should accept such maps. 4. CONSENT CALENDAR Items Removed: 4.1 (Casey) and 4.4. (Siegel) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approval of Warrants: $70,407.79 (5/15/91) 4.3 Proclamations: Father Richard K. Meade's 60th Anniversary of his Ordination to the Priesthood Celebrating the 45th Anniversary of the Founding of the Italian Repulic Brennan Lawrence Pang - Receipt of Eagle Scout Award 4.5 Setting the Time and Place of a Public Hearing to Consider all Objections or Protests to the Proposed Adoption of the Palo Alto Sewer Service Charge Final Report -- Reso #23-91 June 5, 1991 Regular Meeting 2 411, 4.6 Setting the Time and Place of a Public Hearing to Review the Annual Sewer Service Charge set by the City of Los Altos for the Los Altos Sewer Basin -- Reso #24-91 4.7 Acceptance of Offer of Dedication of Road Right-of-Way, Stonebrook Avenue and Prospect Avenue -- Reso #25-91 4.8 Annexation and Lot Line Adjustment, Stonebrook Avenue 4.9 Acceptance of Financial Consultant's Report on Proposition 111 Funding Items Removed: 4.1 Approval of Minutes: May 15, 1991 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon and passed unanimously to approve the May 15, 1991 Council Meeting Minutes with the following correction: Page 5, Item 4.4. the motion should reflect the following roll call vote -- Ayes: Siegel, Hubbard, Johnson and Tryon; Noes: Casey 4.4 Contract with STA, Inc. for Environmental Review, Lands of Eshner (HCW, Inc.), Altamont Road -- Reso # Council had before them the Director of Public Works' staff report which included the recommendation that the contract with STA, Inc. be approved in the amount of $42,375 and that HCW, Inc. be required to deposit this full amount with the Town plus an administrative charge of $11,046.80. The report also included the notation that it was usual practice to have the entire contract amount available to the Town for disbursement. The Director of Public Works commented that both Russ Carter for Lands of McCulloch and John Vidovich for Lands of Quarry Hills had been required to fulfill this obligation. Hilda Wong, HCW, Inc., stated that she did not concur with paying the full amount of the contract. The Town would be able to tell several months in advance if more funds were needed and she did not want to tie up that amount of money for such a long period of time. Tryon commented that she appreciated Hilda Wong's comments and it was an issue which could be discussed by Council in the future; however, at this time her decision was based on a current Council policy. Casey stated that she did not agree with this policy because the Town was not at risk financially and it was increasing the cost of the environmental impact report to the applicant. June 5, 1991 Regular Meeting 3 MOTION SECONDED AND FAILED DUE TO LACK OF A SECOND: Moved by Casey to modify the contract between the Town and STA, Inc. to require a 30% deposit. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed by the following roll call vote to adopt Resolution #26-91 approving and authorizing execution of the agreement for consulting services among the Town, HW & Associates and STA, Inc. for environmental review of the Lands of Eshner including exhibits A and B in an amount of $42,375 plus an administrative charge of $11,046.80 and also including the following addition on page 11 of the scope of work (exhibit B): "1. STA will evaluate the existing conditions including the proposed removal of the conservation easement AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and Tryon NOES: Councilmember Casey The Director of Public Works staff report also noted that the one year time limit would probably expire before the EIR was accepted as complete by the Town. The applicant had already granted the Town a 90-day extension but this would not be sufficient. Therefore, staff had requested the applicant to waive all time lines associated with this project. It these time lines were not waived the Council may have to act on the requested map without the environmental issues having been resolved, in which case the request would be denied. The City Attorney referred to applicant's attorney's letter to the Council in which they asked for another 90-day extension. The City Attorney asked Council to suggest Mrs. Wong not request a second 90-day extension since the Government Code does not actually authorize a second extension. Instead the City Attorney asked that Council take the following two actions: 1) Ask Mrs. Wong to waive the time limits. The Code does not prohibit waiver; and 2) Direct the City Attorney to draft a resolution extending time limits under CEQA. James Jackson, applicant's attorney, noted that by waiving all lime lines they believed this would be saying the project could go on forever. If more time were needed after the 90-day period, they could ask for it and if the Town wanted, they could deny their request. Mr. Jackson did state, however, that if there were no alternatives, they would agree to a waiver of all time lines. PASSED BY CONSENSUS: To agree to another 90-day extension or to Mr. Jackson's waiver of time lines and to direct the City Attorney and Mr. Jackson to work together in deciding which course of action was more appropriate. hay June 5, 1991 Regular Meeting 4 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to direct the City Attorney to draft a resolution extending the time limits under CEQA. Richard McGowen, Los Altos, stated that he was half owner of the Eshner property and was against the extension of time lines. They were anxious to have the project move forward and wanted the process completed by November, 1991. He believed this was an attempt to amend the Code by asking for a waiver of all time lines and the temporary restraining order was going to be heard by the Superior Court on June 6th. 5. PRESENTATIONS FROM THE FLOOR Elayne Dauber, 27930 Roble Alto, reported that the library planning was in its second stage of design development and should be completed the first half of July. She asked if Council would like to see a presentation on the expansion of the library and they responded that they would. Trina Watson, Los Altos Hills Horsemens' Association, addressed the issue of the proposed budget and the request from the Horsemens' Association that they receive more of a share in the budget. She noted, for example, that others use the Town Ring and they were working on a proposal to have the ring resurfaced. They wondered if the Town would consider allocating funds for such a project. Council suggested that Ms. Watson submit a proposal for Council's consideration of the proposed budget at their June 19th meeting. 6. PUBLIC HEARINGS 6.1 Request for Adoption of a Negative Environmental Declaration for a Three-Lot Subdivision, Lands of Malek, Buena Vista Drive This public hearing was continued to the June 19, 1991 Council Meeting at the request of the applicant. 6.2 Request for Adoption of a Negative Environmental Declaration and Approval of a Tentative Map for a Two-Lot Subdivision, Lands of Circle, Taaffe Road This public hearing was continued to the July 3, 1991 Council Meeting at the request of the applicant. June 5, 1991 Regular Meeting 5 6.3 Appeal of the Planning Commission's Denial of Request for a Site kir Development Permit for a New Residence, Cabana, Tennis Court and Swimming Pool, Lands of Choo, 12581 Miraloma Way Pong Ng, applicant's architect, noted that they had tried to make the house as low as possible and to meet the Town's ordinances. They had already gone through a redesign of the project and now the Planning Commission had advised them to lower the house. However, they were below the Town's ordinances regarding height and they did not know what to do. There were options for lowering the house if they knew to what height. They did not want an open-ended redesign project. Mr. Ng believed they had placed the house in the optimum position along the contour line of the hill and had provided for heavy vegetation. Bill Owen, 24601 Voorhees, stated his concerns about the plans as submitted. The proposed home was out of character with the neighborhood; the proposed location was on the highest part of the property; and the proposed location was just 30' from his property line. His key reasons for living in the Town were large lots, privacy and view and he did not want to have to depend on trees for screening. Jim Steinmetz, 24635 Voorhees, noted that he designed his own home and was also the general contractor. He believed the proposed Choo house did not fit in and there were three options: lower existing design, move existing design or redesign. Mr. Steinmetz suggested the house be lowered 6' but also stated his support of the Choos building on this site. He also suggesting locating the corners of the house before building and flying the balloons to indicate height. Helen Rouse, 12580 Mira Loma, stated that they had moved in to the Town 42 years ago and only two homes had been built in the last two years. She commented that the Choo's lot was high and steep and she suggested that the fill could go in the back of the house. Kathleen Owen, 24601 Voorhees, suggested including in the site analysis process someone to stand in their home and look out the window to see the impact on their privacy. Mrs. Choo, applicant, noted that it was not possible to please all of the neighbors. With their last application some were pleased and some not and the same was proving true this time. Newer homes tended to be more than one story and she wanted to build her dream house. June 5, 1991 Regular Meeting 6 Johnson stated that he was sorry that the Choos had had to go through so much redesign of this house. He commented on the siting of the house, the invasion of the Owen's privacy, the blockage of the Steinmetz' view and suggested that trees were needed for mitigation and some lowering of the house was necessary. Tryon concurred with Johnson's comments and suggested the project go back to site analysis. She was concerned that this was a three-story house being built on the highest portion of the lot. Tryon noted that compatibility was important and strongly suggested that the applicant provide balloons to show height and possible photo montages for the project. Hubbard inquired if the applicant would be willing to lower the house but the applicant stated that he was unclear what height they were expected to achieve. Casey stated that she was sorry the Choos had experienced such delay with their project. She did note however that there appeared to be amicable disagreement among the neighbors and there was a good interchange of suggestions and ideas. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to refer the request for a site development permit for a new residence, cabana, tennis court and swimming pool for Lands of Choo, 12581 Miraloma Way, to staff for site analysis with Council consensus that the redesign should include lowering the house six feet. It was further agreed that upon completion of the site analysis process, the request for a site development permit would come directly back to the Council and not have to go through the Planning Commission stage. Council suggested that the applicant meet with the neighbors to discuss this application and also that the applicant places balloons, etc. to indicate the height of the project. 6.4 Appeal of Planning Commission's Approval of Request for a Site Development Permit for a New Residence, Second Unit, Tennis Court and Swimming Pool, Lands of Owen, 14850 Manuella Road Bob Owen, applicant, commented that the site was visible and it was a large project. However, he had followed the contour of the lot, analyzed the site well, and there was no impact on the neighbors. He noted that he had met with the adjacent neighbors and they had concurred with the project. Mr. Owen handed out a computer montage of the project and explained the configuration of the house. Siegel suggested that the following three conditions be added to the conditions approved by the Planning Commission: 1) An offer of dedication to the Town of a twenty foot (20') right of way along the southerly property line shall be made prior to the issuance of a building permit; 2) A path to Town standards shall be constructed behind the eucalyptus on Manuella and 3) Grading or construction of the tennis June 5, 1991 Regular Meeting 7 court shall not commence until a letter signed by the future owner is on file requesting such construction. Bob Owen, applicant, concurred with the addition of these conditions. Mrs. Karen Oberlin, 21640 Robb Road, asked the applicant for clarification of what part of the project would face Manuella. She also commented that their homes were one-story and rural and Mr. Owen's proposed house was quite impressive and enormous. Tryon stated her concerns about this project being a two-story house on a ridgeline. In addition to this, the project was almost to the maximum on allowed development. A discussion was held by Council on whether or not they believed this was a ridgeline project and also on the fairness of withholding the building of the tennis court at this time. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed by the following roll call vote to approve the request for a site development permit for a new residence, second unit, tennis court and swimming pool for Lands of Owen, 14850 Manuella Road, subject to the addition of the following three conditions to the conditions approved by the Planning Commission at their May 8, 1991 meeting: 1) An offer of dedication to the Town of a twenty foot (20') right of way along the southerly property line shall be made prior to the issuance of a building permit; 2) A path to Town standards shall be constructed behind the eucalyptus on Manuella and 3) Grading or construction of the tennis court shall not commence until a letter signed by the future owner is on file requesting such construction. AYES: Mayor Siegel and Councilmembers Casey, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Tryon 6.5 Ordinance Amending Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) to Clarify Site Development Review of Residences (FIRST READING) Council discussed the proposed ordinance amendment which clarified that a site development permit was required for all secondary dwellings, whether constructed, reconstructed, or converted. In addition the amendment required a variance if the existing structure was in any way non-conforming. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to waive further reading of ordinance. iisr June 5, 1991 Regular Meeting 8 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to introduce Ordinance #346 amending Chapter 2 of Title 10 to clarify site development review of residences with the amendment to read as follows: "The construction of a principal or secondary residence or the commencement of a principal or secondary dwelling use in an existing structure." AYES: Mayor Siegel and Councilmembers Casey, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Tryon Tryon stated for the record that she believed the Town's Code already required site development permits for these applications. 6.6 Approval of FY 1991-92 Operating and Project Budget -- Reso # Discussion of the budget was moved to the end of the Council Meeting. 7. UNFINISHED BUSINESS 7.1 Encroachment Permit for Construction of Sanitary Sewer in Purissima and Concepcion Roads, Lands of Wheatley, 26644 Purissima Road Phil Dauber, member Pathways Recreation and Parks Committee, asked if the permit required that the path be restored to its original state and he was advised that section C of the permit addressed this issue. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to adopt Resolution #27-91 approving and authorizing execution of an agreement between the Town and J. Robert S. and Lisa Ann Wheatley. 8. NEW BUSINESS 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Pathways, Recreation and Parks Committee: Review Detailed Mapping Project, Areas F, G, I, and K MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Hubbard and passed unanimously to approve the Pathways Mapping Project for June 5, 1991 Regular Meeting 9 Areas F, G, I and K with the following corrections to the report prepared by the Pathways, Recreation and Parks Committee: Area F -- Off-Road Paths: 1) Change 13620 Paseo de Roble to 13621;2) delete off road path around 13416 Middle Fork Lane; 3) delete possible sign at 13641 and 13631 Paseo de Roble. Signs: 1) add 13149 Byrd Lane at 90 degree corner. Area G -- Off-Road Paths: I) delete path on Page Mill from Alexis to Story Hill Lane and 2) delete path on Lands of LoConte at 28140 Story Hill Lane. Signs: delete both ends of off road path on Page Mill from Alexis Drive to Story Hill Lane. Area I -- Off-Road Paths: 1) delete the maintenance and signage of the easement that is over the drainage ditch at 12600 Roble Ladera connecting to La Cresta; 2) change 12816 Camino Medio to 12810 Camino Medio. Signs: add 26315 Esperanza and 12810 Camino Medio. Area K — Off-Road Paths: 1) delete path behind Beatrice Lane starting at 26901. Signs: 1) delete 26901 Beatrice Lane - back of property; 2) add above bulb of Orchard Hill Lane; and 3) delete off road path on W. Edith - 25561. 10. STAFF REPORTS tit 10.1 City Manager 10.1.1. Richard DeLong, Acting City Manager Council thanked Mr. DeLong for his contributions to the Town while serving as the Acting City Manager. 10.2 City Attorney 10.2.1 Lands of Eshner The City Attorney asked for clarification of Council's earlier decision regarding the Lands of Eshner and Council stated that they had agreed to another 90-day extension or to Mr. Jackson's waiver of time lines and to direct the City Attorney and Mr. Jackson to work together in deciding which course of action was more appropriate. 10.3 City Clerk 10.3a Report on Council Correspondence dated 5/31/91 June 5, 1991 Regular Meeting 10 Tryon referred to the letter from Mountain View's Mayor Art Takahara concerning the Congestion Management Agency and she reported that they had had a discussion concerning the stipend per meeting for the agency. Council concurred with the recommendation of the Congestion Management Agency's finance sub-committee that it be $50 rather than $100 per meeting. 10.3b Status Report on Records Management Program Council agreed to review this report during budget discussions. 10.4 Urgency Item — Midpeninsula Regional Open Space District/Neary Quarry Lands MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Hubbard and passed unanimously to add consideration of the Midpeninsula Regional Open Space District's possible acquisition of certain Neary Quarry Lands to the agenda as an urgency item in that this matter came up after the Council's agenda was prepared and the MROSD's meeting on this subject is scheduled for June 12, 1991. PASSED BY CONSENSUS: To direct the Mayor to send a letter to the Midpeninsula Regional Open Space District for their June 12th meeting stating that the Council strongly supports the acquisition of the upper Neary Quarry Lands by the Midpeninsula Regional Open Space District. 11. COUNCIL-INITIATED ITEMS 11.1 Approval of Attendance at the Mayors and Council Members Executive Forum -- July 10-12,1991 in Monterey PASSED BY CONSENSUS: To authorize attendance by any Councilmember who wanted to attend the Mayors and Council Members Executive Forum in Monterey. 11.2 July 4, 1991 Celebration Update and Request for Funds (Councilmember Casey) This item was discussed at the beginning of the meeting. 11.3 Lands of Zappettini June 5, 1991 Regular Meeting 11 Tryon asked if Council wanted to pursue the name change from Zappettini to SMojan which apparently had not been reviewed by the Town Historian nor approved by the Council. PASSED BY CONSENSUS: To agendize the Zappettini name change for a Council meeting and to ask the Town Historian and the applicant to be present. 11.4 Front Yard Setbacks Tryon asked if there was any interest in having the Planning Commission look at linking front yard setbacks to the size of homes. Council concurred with this suggestion. 11.5 Park and Ride Letter Tryon reported that she had retrieved a 1988 letter from Caltrans concerning the Park and Ride lot at Page Mill and Arastradero and she submitted it for the files at Town Hall. 11.6 Continued Budget Discussions and Lands of McCulloch Council had received a request from Russ Carter that they schedule a discussion on his proposal to modify Phase III tentative map requirements at an adjourned regular meeting on June 19th. PASSED BY CONSENSUS: To schedule an Adjourned Regular Meeting for 5:30 p.m. on Wednesday, June 19, 1991 and to agendize the Lands of McCulloch for the first half hour and then a continued discussion of the budget. 12. CLOSED SESSION: LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54957.8 The City Council adjourned to a Closed Session for purposes of litigation at 11:00 p.m. and reconvened at 11:05 p.m. 13. APPROVAL OF FY 1991-92 OPERATING AND PROTECT BUDGET -- RESO # PASSED BY CONSENSUS: To concur with the proposed budget for Los Altos and Palo Alto Sewer Basin Funds, the General Services Fund and Corporation Yard Operations. To concur with the proposed budget for Town Center Operations including only program recommendations numbers 4 and 5 and to concur with the proposed budget for Office Equipment. ( June 5, 1991 Regular Meeting 12 L MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to add $1,000 to the office equipment budget for software. AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and Tryon NOES: Councilmember Casey 14. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned in memory of Larry Nelson at 11:30 p.m. to an adjourned regular meeting at 5:30 p.m. on Wednesday, June 19, 1991. Respectfully submitted, Patricia Dowd City Clerk The minutes of the June 5, 1991 Regular City Council Meeting were approved at the June 19, 1991 City Council Meeting. June 5, 1991 Regular Meeting 13