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HomeMy WebLinkAbout09/04/1991 (2) Minutes of a Regular Meeting �► September 4, 1991 Town of Los Altos Hills City Council Meeting Wednesday, September 4, 1991, 7:15 P.M. Council Chambers, 26379 Fremont Road I. CALL TO ORDER,ROLL CALL,AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 7:20 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Johnson, Siegel and Tryon. Absent: None Staff: City Manager Les Jones, II; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Consultant Cynthia Richardson; Engineering Consultant, Jeff Peterson; and City Clerk Pat Dowd Press: None The Mayor reminded everyone that the Hoedown at Westwind Barn was scheduled for Saturday, September 7, 1991 and he hoped everyone would be able to attend this fun event. Tryon asked about the status of the proclamation for Gold Card recipients and was advised this would be on the next agenda. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Pathways, Recreation and Parks Committee MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to appoint Mr. Maurice Osborne, Jr. to the Pathways, Recreation and Parks Committee for a term of two years. 2.2 Appointments to Joint Volunteer Awards Committee September 4, 1 99 1 1 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and hay passed unanimously to appoint Mary Compton and Julie Pearce to the Joint Volunteer Awards Committee for terms of two years. 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Items Removed: 4.6 (Casey) and 4.8 (Hubbard) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: July 17, 1991 (Adjourned Regular Meeting) July 17, 1991 (Regular Meeting) 4.2 Approved Warrants: $109,564.59 (7/19/91) $ 24,653.69 (7/31/91) $ 11,168.94 (8/1/91) $174,909.22 (8/16/91) 4.3 Accepted Right of Way Dedication, Lands of Owen, 14850 Manuella Road -- Reso #43-91 4.4 Awarded Certificates of Appreciation: Roads and Drainage Committee Members: Frank Barbara, William Downey, William Pierce, Daniel Seidel and Lester Waller 4.5 Approved Parcel Map, Lands of Puri, 12775 Viscaino Road 4.7 Issued Proclamations: Sunday, September 15, 1991 - Recognizing El Camino Hospital's 30th Anniversary September 23-27, 1991 - California Rideshare Week October 14 - 18, 1991 - United Way's Blitz Week Items Removed: 4.6 Approval of Amendment Number Three to Agreement with Brian Kangas Foulk --Reso # Casey stated that she was not comfortable with automatically increasing this contract. She asked for a report including what services had been received and what costs had been incurred. September 4, 1991 2 PASSED BY CONSENSUS: To discuss this item under Unfinished Business. 4.8 Letter to County on Neary Quarry Hubbard pointed out that the draft letter before Council requesting information from the County on the Neary Quarry Reclamation Plan needed to be corrected as one requirement was in the implemention stage. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to authorize the Mayor sending a letter to the County's Department of Planning and Development requesting certain information on the Neary Quarry Reclamation Plan with the following change to the draft: paragraph 4, second sentence should read: 'The Town would appreciate being kept informed of the County's implementation of this requirement as it applies to the Neary Quarry Reclamation Plan." 5. PRESENTATIONS FROM THE FLOOR Trina Watson, Los Altos Hills Horsemens' Association, referred to a letter they had sent concerning parking along Purissima by Little League participants. They had two suggestions to make in an effort to solve this problem. The first was that the Little League organizers let people know where they can park and Ilir encourage carpooling and second that there be more Sheriffs patrols. The City Manager responded that this matter was scheduled for discussion at the September 23, 1991 meeting of the Pathways, Recreation and Parks Committee and all interested parties had been invited to participate in the discussion. Jeff Beresini, Pacific Gas & Electric, introduced himself as the new Customer Services Supervisor for Los Altos Hills. This position had been held by Dennis Ikerd who had been transferred to another office. Mr. Beresini commented that he was looking forward to working with the Town and if anyone had any questions or concerns they should let him know. 6. PUBLIC HEARINGS 6.1 Request for Adoption of a Negative Environmental Declaration and Approval of a Tentative Map for a Two-Lot Subdivision, Lands of Circle, Taaffe Road (continued from July 3, 1991 Council Meeting) The Director of Public Works reported that there had been no substantive changes to the map for Lands of Circle since the July 3rd meeting. However, this week staff had received a proposed change to the drainage ditch. September 4, 1991 3 Mr. Delos Circle, applicant, addressed the following issues concerning his proposed subdivision: size of house, lot stability, setbacks, visual impact, excess runoff, fault, slope and environmental checklist. Carol Crawford, 13023 Vista del Valle, stated her belief that the proposed subdivision was contrary to the Town's General Plan. She also noted that staff and the Planning Commission had recommended denial and she supported their recommendations. Terry Gossett, 26600 Elena, reiterated his concerns about drainage, effluence and earth slides. He noted that he had met with Mr. Circle and Mr. Nowack and while the new drainage plan was an improvement, he still had concerns. Glen Fuller, 12989 Vista del Valle, believed this was a very constrained building site and had concerns about drainage, stability, visual impact and slope. He also believed the proposed development was in conflict with the General Plan. William Sullivan, 26531 Taaffe Road, concurred with Mr. Fuller's comments and stated that he believed it was an issue of judgement and not just numbers. Tryon commented on the constraints of this lot and the drainage and density issues. She noted that there could be a secondary dwelling of 1,000 square feet or there could be additional conditions imposed such as single story, smaller house, no secondary dwelling. Siegel noted that the applicant did not need a subdivision for a secondary dwelling and he also noted that numbers for these lots were figured right to the limit with lot unit factors of 1.1 and 1.0. Johnson stated his two concerns. First that it was not appropriate to have a leach field in a conservation easement and secondly that the proposed development conflicted with the Town's General Plan and the Government Code. Casey stated that the proposed development just met the Town's requirements but it did meet them. She believed it was an issue of fairness but also noted that the size of the house should be limited. She suggested a meeting with Mr. Circle, staff and the neighbors to reach a proposal which addressed everyone's concerns. Paul Nowack, applicant's engineer, commented on the location of the leach field and noted that this had been approved by the Town Geologist and the Health Department. He also stated that the Town's Code did not preclude structures in conservation easements but Council did have to approve them. September 4, 1991 4 c Mr. Circle, applicant, asked if the leach field was the primary concern and if it `' was there was a sewer nearby. He also stated that he did not want to build a large home and he would be happy to meet with staff to discuss his project and the suggestions made by Council. The Director of Public Works noted that it was a panhandle lot and the easement area was not included in the figures. The lot would be larger if the pan handle access was included. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to disapprove the negative declaration for Lands of Circle. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to deny the tentative map for a two lot subdivision for Lands of Circle on Taaffe Road based on Government Code Section 66474(d). AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey 6.2 Appeal of the Planning Commission's Approval for a Site Development Permit for a New Residence, Tennis Court and Swimming Pool, Lands of Fong, 25889 Fremont Road Council had before them the Director of Public Works staff report which noted the following changes the Fongs had made to the plans previously • reviewed by Council: 1) The house had been shifted five feet from the rear property line toward Fremont Road; 2) A roof had been added to the second story; 3) A chimney had been added; and 4) The front left single story element, as seen in the East Elevation, had been modified in design shape to more closely match the right side. Council agreed that these did not constitute substantial changes and therefore the project did not have to go back to the Planning Commission. Councilmembers Casey, Johnson, Siegel and Hubbard disclosed that they had met in separate meetings with the builder and architect to discuss the project. Tryon disclosed that she had returned Mr. Fong's phone call concerning the project. Tryon also stated that she appreciated the changes made by the applicant and did not believe this was a precedent setting situation. hart September 4, 1991 5 Mr. Fong, applicant, commented that he had worked with the neighbors on a solution to their concerns and his architect and landscape architect were present to answer any questions Council might have. Mr. Meyer, 26077 Torello Lane, commented that he had worked with the applicant on a solution to their concerns and landscaping and window treatments were part of the discussion. Mr. Meyer stated that he supported the Fong application as amended. Penny Ingman, 25885 West Fremont, appreciated the applicant working with the neighbors and also was in favor of the new roof line. She was still concerned however about the landscaping along the driveway easement. Mrs. Ingman was advised that she would be notified of the hearing on the landscaping plan at site development. Peter Shaw, applicant's landscape architect, noted that the entire landscaping plan will be reviewed by the Planning Commission acting as the site development committee. At that time the driveway screening will be reviewed and all of the owners of the driveway easement will be notified. Mrs. Meyer, 26077 Torello Lane, supported the Fong's application as amended. She did ask that the agreement signed by several of the neighbors addressing height, landscaping and architectural modifications be made a part of the site development conditions of approval. Peter Duxbury, applicant's architect, stated that the points raised in the agreement were already addressed in the conditions of approval. Siegel commented that Council had received a letter from a Betty Rooker who was upset because she believed Council had delayed the Fong project. Siegel asked the applicant to contact Ms. Rooker and explain that this was not the case as the neighbors and the applicant had requested a continuance to work together on the project. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve a site development permit for a new residence, tennis court and swimming pool for Lands of Fong, 25889 Fremont Road, subject to the conditions of approval as recommended by the Planning Commission with the addition of the following condition: 'Prior to final inspection and release of occupancy, a landscape planting plan must be submitted to and approved by the Site Development Committee including evergreen privacy plantings on the east side easement." ilir September 4, 1991 6 Mrs. Meyer, 26077 Torello Lane, noted that she had a letter to bring to Council's tibr attention on the other lot on the Lands of Oshima. She and the neighbors hoped that this letter addressing their concerns would be put in the file and the situation that arose this time could be avoided. Mrs. Meyer said she was not sure whether this was the appropriate time to submit this letter. Council advised her that she could either send the letter to Council or bring it up under Presentations from the Floor at the next Council meeting. 6.3 Appeal of the Planning Commission's Approval of a Request for a Site Development Permit for a New Residence and Swimming Pool, Lands of Shockley, 27781 Edgerton Road (continued from the July 17, Council Meeting) Mr. Shockley, applicant, commented that the staff report stated that the new drainage plan required grading and disruption of the land. He noted that it was a new drainage plan but not a change in the scope of the project. Mr. Shockley explained the new drainage system commenting on the flow of underground water and the surface flow. The redesigned drainage plan included a subterranean water cut-off trench along the entire southern property boundary to protect the envelope of the site. In addition the concrete "v" drains along both the southern and northern property boundries had been enlarged and extended. tor Mr. Ken Wright, 216791 Edgerton, referenced his recent letter to the Council and stated that he did not believe the new drainage plan addressed the issue of effluent material. He did believe the new drainage plan was a step in the right direction but also believed the applicant should be liable for the development on the lot. Since this was a spec house, who would be responsible. Mr. Lin, 27764 Edgerton Road, asked if there was still time for him to get a professional to review the new drainage plan. Mr. Lin stated that he had questions about this proposed plan especially since his land was wet now and we had had a drought for five years. Mr. Jeffery Lea, applicant's civil engineer and Mr. Gary Parikh, PSE Associates, addressed the Council on the drainage issues. They explained the proposed new drainage system, the location of the leach field which they believed had little room to be moved because of the stability of the bank, the elevation of the leach line and the purpose and location of the "v" ditch. Mr. Shockley, applicant, stated that he did not know whether it was a spec house or not and regarding the liability issue, he had liability insurance 4140, and would be glad to provide copies of his policy to the Town. September 4, 1991 7 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey 411, and passed by the following roll call vote to deny the appeal and approve a site development permit for a new residence and swimming pool for Lands of Shockley, 27781 Edgerton Road, subject to the conditions of approval as recommended by the Planning Commission, the conditions stated in Wilsey and Ham's letter dated 9/3/91, the condition that the septic drain field be moved as far as possible and the condition that the applicant bring a certificate of liability insurance to the Town at the time of his building permit. AYES: Mayor Hubbard and Councilmembers Casey and Tryon NOES: Councilmembers Johnson and Siegel Siegel noted that the maximum floor area and maximum development area were totally using all available footage. It was a large home on a restrained piece of property. Johnson stated that he was concerned about the insurance issue, leach field conditions, aquifer issue, total use of allowed development and floor areas and that fact that the house did not fit on the lot. 6.4 Ordinance Amending Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) Regarding Setback Lines (FIRST READING) The Director of Public Works' staff report included the notation that the Building Up and Building Out Subcommittee had recommended amendment of the Zoning Ordinance to allow for encroachment of eaves and similar structures into the setback. Siegel stated that he did not think this was a good ordinance. He believed it was for those building houses right up to the maximums and thought the houses should be placed further back to encourage a sense of openness. Tryon believed that larger setbacks should be required for larger homes and also reiterated her statement that the planning guidebook should be in place. Casey suggested that the Planning Commission be directed to look at the suggestion made by Councilmember Tryon. Hubbard noted that the Town's ordinances were different from other nearby communities in that the Town measured setbacks to the eaves and not to the sides of the house. Current ordinances tended to encourage building of houses with no overhangs. This could prove to be confusing for those building in the Town. Johnson stated that he could not support this ordinance, especially as it addressed window surfaces. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to continue this item and to direct the Planning Commission to look at the issue of front yard setbacks September 4, 1991 8 in relationship to the size of the home and to reconsider this ordinance Iriv and/or a policy statement on the setback issue at a later date. AYES: Mayor Hubbard and Councilmembers Johnson, Seigel and Tryon NOES: None ABSENT: Councilmember Casey (Councilmember Casey had stepped out of the meeting for a few moments.) 7. UNFINISHED BUSINESS 7.1 Design Approval for Fencing of Byrne Preserve Councilmembers discussed the various designs of fences for Byrne Preserve. Tryon stated that she did not favor wire mesh and preferred typical horse fences. She believed Byrne Preserve was an important part of the Town and the selection of a fence for this area should be carefully made. Hubbard pointed out that horses eat wood fencing. Siegel commented that Byrne Preserve was very visible and a fence was needed that was durable and also aesthetically pleasing. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, commented on the visual impact of certain styles of fences and also noted that the costs of the gates and walk-throughs were not induded in the staff report. PASSED BY CONSENSUS: To continue this item to the next Council Meeting at which time the following information would be available: costs of gates and walk-throughs, the elevation of the proposed fence and two estimates including a bid with a single top rail. It was also suggested that Councilmembers look at examples in the Town of the different types of fences under discussion and that a notice be placed on Byrne Preserve that this matter would be discussed at the meeting on the 18th of September. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and passed unanimously to go past the 11:30 p.m. hour of adjournment. 7.2 Council Policy on Site Development Council discussed the proposed site development policy statement which had been prepared by former Councilmember van Tamelen in June of 1990. Casey suggested agendizing this issue for a joint meeting with the Planning Commission. Tryon however did not think another meeting was necessary and that it was a good policy statement and a good direction to take by adopting it. Including such a policy statement in the Town's handbook and as a handout at Town Hall was also suggested. September 4, 1 99 1 9 PASSED BY CONSENSUS: To state that the Council conditionally approved the Site Development Policy Statement, to send it to the Planning Commission for comments and to bring the matter back to Council at the October 16, 1991 Council Meeting. 7.3 Approval of Amendment Number Three to Agreement with Brian, Kangas Foulk -- Reso # Casey stated that she did not believe it was appropriate for BKF to include a 5% cost of living increase in their contract renewal. Building was down in the Town and she did not believe the consultants were in a position to make this request. Pat Webb, Director of Planning - Brian Kangas Foulk, stated that this 5% increase under discussion did not cover their costs. Across the board this year they had included a 6% to 6 1/2% increase from their other clients. The cost to the Town was approximately $4,000/month with the rest of the monies being charged to the applicants. Ms. Webb noted that their contract with the Town ended September 30, 1991. PASSED BY CONSENSUS: To schedule an Adjourned Regular Meeting of the Council for 5:30 p.m. on Wednesday, September 18, 1991 on the review `, and discussion of planning services for the Town. PASSED BY CONSENSUS: To continue the approval of amendment number three to agreement with Brian, Kangas Foulk to the September 18, 1991 Regular City Council Meeting. 8. NEW BUSINESS 8.1 Request For Permit Extension, Lands of Verma, 27300 Elena Road Council had before them the Director of Public Works' staff report which noted that the Vermas' original site development permit had been extended for one year and another extension request had been received from the Vermas in July of 1991, six months beyond the time period extended by staff. Staff's recommendation was to deny the the requested permit extension and direct the applicant to reapply for the appropriate permits. Mr. Verma, applicant, referred to his letter in which he explained his reasons for requesting another extension. These reasons included the death of his mother in early 1989 which resulted in their having to spend time traveling to a foreign country; the earthquake in October of 1989 and the recession of 1990. Mr. Verma also noted that their home had suffered September 4, 1991 10 earthquake damage and they were having additional work done to the ( foundation. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Siegel to grant a three month extension for the site development permit for Lands of Verma. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to grant a nine month extension for the site development permit for Lands of Verma at 27300 Elena Road, based on the misfortunes and difficulties the Vermas had experienced. AYES: Councilmembers Casey, Johnson, Siegel and Tryon NOES: Mayor Hubbard Hubbard believed that the same rules should apply to everyone and the Vermas had already received one extension for their project. 8.2 Designation of Voting Delegate for the League of California Cities Annual Conference MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to designate the Mayor as the voting delegate to %P, the League of California Cities Annual Conference and the Mayor Pro Tern as the alternate. 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 9.1 Report from Quarry Hills Sub-Committee Council had received the comments by the Council Sub-Committee on the proposed scope of work for the Quarry Hills General Plan Amendment EIR (dated 8/14/91 and on file at Town Hall). Tryon noted her concerns about sub- committees making statements on behalf of the Town but Siegel pointed out that the meeting on this subject took place on August 14th and the Council had cancelled its August meetings. 10. STAFF REPORTS 10.1 City Manager The City Manager raised the issue of scheduling a Saturday study session of the Council to discuss goal setting and it was agreed that this meeting would take place on Saturday, October 5, 1991 from 10:00 a.m to 1:00 p. m. September 4, 1991 11 10.2 City Attorney 10.3 City Clerk 10.3a Report on Council Correspondence dated 8/29/91 PASSED BY CONSENSUS: To direct staff to send a copy of the 7/16/91 letter from the Department of Forestry and Fire Protection regarding guidelines for developing and evaluating tree ordinances to the Environmental Design and Protection Committee; to direct the City Manager to respond to those letters received on the Fong application which stated their concerns that the Fongs had been delayed on their project because of Council actions (project delayed to allow applicant and neighbors to work out a mutually beneficial solution to the issues raised in the application); and to request the Mayor to respond to Mr Arnett's offer of assistance on the preparation of the planning guidelines. 11. COUNCIL-INITIATED ITEMS 11.1 Formulation of a Statement of Town Policy in Respect of a Regional Form of Government for the San Francisco Bay Area (Councilmember Johnson) Johnson reported that the Santa Clara County Cities Association was requesting a statement from the Council on its position regarding some form of regional government for the Bay Area. Johnson reported that the deadline for this response was September 19th. Councilmembers raised questions concerning the position statement regarding regional governance as proposed by the Executive Committee of the Santa Clara County Cities Association. Of particular concern was the issue of the governing board of any new regional agency being comprised appointed as well as elected officials. PASSED BY CONSENSUS: To continue this item to the next Council Meeting and to agree that Tryon will prepare a draft policy statement for review by the Council. 11.2 Policy for Determining EIR Consultants on Behalf of Residents (Councilmember Casey). Casey referred to the consultants' proposals for the Eshner project and the Director of Public Works explained the review of the four bids received. September 4, 1991 12 Casey stated that she believed that when there was a large difference in the dollar figures of the proposals, the Council should choose the EIR consultant. PASSED BY CONSENSUS: To look at the EIR consultant selection process and cost more carefully the next time it is needed for a project. 11.3 Council Policy on Deposit of Fees When An EIR is Required (Councilmember Casey) Casey stated that when the EIR contract for the Eshner project came before Council staff stated that all monies were required for such projects up front. Hilda Wong, therefore, was required to pay the total cost at one time. However, Casey had a letter which indicated that John Vidovich had been allowed to pay as phases of the project were completed. Casey did not believe it was right to get all of the money at the beginning and also believed that the Town should be consistent with the applications. Tryon suggested determining the payment schedule at the time an EIR is ordered for a project. PASSED BY CONSENSUS: To consider the amount of deposit of fees when an EIR is required on a case by case basis and to also state that the Council be included in scopes of work for EIRs done in the Town. 11.4 Nonconforming Detached Secondary Dwelling - Ordinance Change (Councilmember Siegel) This proposed ordinance would require a nonconforming detached secondary dwelling at the time of a major remodel to conform to current zoning. Council took no action on this issue. 11.5 Appointments and Honors (Mayor Pro Tem Tryon) Tryon noted the following appointments and honors: Dana Dolan -- preparation of a Certificate of Appreciation for her contributions to the Town as Youth Commissioner; congratulations to Dr. Richard Wheat recently appointed Medical Director of El Camino Hospital; congratulations to Ted Huang for winning a gold medal for wind surfing at the Pan Am Games in Cuba; appointment of Lucy Carleton as the new Los Altos Police Chief; and a thank you to John Ann Carlile for her work on the new art exhibit at Town Hall. September 4, 1991 13 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 12:35 a.m. to an Adjourned Regular Meeting at 5:30 p.m. on Wednesday, September 18, 1991. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 4, 1991 Regular City Council Meeting were approved at the September 18, 1991 City Council Meeting. September 4, 1991 14