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HomeMy WebLinkAbout09/18/1991 (2) Minutes of a Regular Meeting September 18, 1991 Town of Los Altos Hills City Council Meeting Wednesday, September 18, 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 M. Jones, II; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Consultant Margaret Netto and City Clerk Pat Dowd Press: None It was agreed to move Item 5.13 on the Consent Calendar to Appointments and Presentations and to continue Item 5.11 to the next meeting at the request of the applicant. 2. CLOSED SESSION: PENDING LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 3. APPOINTMENTS AND PRESENTATIONS 3.1 Proclamation: Honoring Recipients of the Gold Card Awards Mr. Mark Gardner, Principal - Pinewood High School, received a proclamation from the Council commending the 1991 "Gold Card" students at Pinewood High School. It was noted that the Gold Card Program had been established to provide a practical benefit to students for their achievements both in school and in their communities and thirty four students at Pinewood had recieved this honor. Mr. Gardner thanked Council for this proclamation and also noted that Dana Dolan had participated in this program. (Council noted that a Certificate of Appreciation was on the Consent 4 Calendar for Dana Dolan for her contributions as the Town's Youth Commissioner.) i/ September 18, 1991 Regular Meeting 1 He further commented that the students enjoyed the program and appreciated the recognition of this proclamation. 4. PLANNING COMMISSION REPORT Commissioner Ellinger reported that in addition to the Planning Commission items on the Consent Calendar, two projects were denied by the Commission at their meeting on 9/11/91. An application for a site development permit for a new residence, tennis court and swimming pool for Lands of Ben-Artzi on Via Feliz was denied. This was a large project on a ridgeline. Siegel asked if the applicant had gone through site analysis and was advised that the Planning Consultant and Director of Public Works had met with the applicant several times. As a result of these meetings modified plans had gone to the Commission but the applicant had not been surprised by the 6-0 vote against his project. Casey stated that if staff had met with an applicant three times and the Commission had voted 6-0 against the project, something was wrong with the site analysis process and she would like to see a discussion of site analysis agendized for the next meeting. Tryon disagreed that it needed to be discussed again. She believed it was working but that some applicants did not listen to the suggestions made by staff. Hubbard also agreed that the issue of site analysis had already been discussed. An application for a site development for a driveway and bridge for Lands of Paboojian at 27591 Purissima Road was denied without prejudice as no plans had `r been submitted for the entire property and it was unclear how many properties the new bridge would service. Commissioner Ellinger also reported on the ongoing discussions with Sun Country Cable regarding the headend issue. Council asked that the Chair of the Planning Commission advise the Council in writing of their concerns regarding the headend issue and also what requests the Commission was making of Sun Country and staff regarding this matter. A discussion was also held on the conditions of approval for applications and Commissioner Ellinger commented that they were working on revising the process to make the conditions more consistent while still maintaining some flexibility. Siegel commented on the new house at Prospect and Emerald Hill as an excellent example of how oak trees should be screened. 5. CONSENT CALENDAR Items Removed: 5.1 - Minutes of Regular Meeting and 5.8 and 5.9 (Siegel) thy September 18, 1991 Regular Meeting 2 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously (with Casey voting no on Item 5.6 due to a philosophical difference of opinion regarding the fee structure) to approve the balance of the Consent Calendar, specifically: 5.1 Approved Minutes: September 4, 1991 (Adjourned Regular) 5.2 Approved Warrants: $96,365.93 (8/30/91) $48,126.66 (9/3/91) 5.3 Awarded Certificate of Appreciation: Dana Dolan - Youth Commissioner 5.4 Concurred with the following Planning Commission Actions at Its Meeting on September 11, 1991: 5.4a Lands of Chan, 23531 El Caminito Road, approved request for a site development permit for an addition/remodel 5.4b Lands of Codispoti/Schroeder, 14545 Manuella Road, approved request for a site development permit for a new residence and swimming pool 5.4c Lands of Shakir, 12476 Briones Way, approved request for a site development permit for an addition/remodel 5.5d Lands of Meyer, 25541 Chapin Road, approved request for a development permit for a major addition 5.5 Approved Amendment Number Three to Agreement with Brian Kangas Foulk -- Reso #44-91 5.6 Adopted Fee Schedule for Fiscal Year 1991-92 -- Reso #45-91 5.7 Accepted Dedication Burke Road Right-of-Way, Lands of F&H Limited, 13470 Burke Road - Reso #46-91 5.10 Notice of Completion, 1991 Striping Project, Safety Striping Services, Inc. -- Reso #47-91 5.12 Proclamation: Womens' Day - September 22, 1991 September 18, 1991 Regular Meeting 3 41/ Items Removed: 5.1 Approval of Minutes: September 4, 1991 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the minutes of the September 4, 1991 Regular City Council Meeting with the following corrections: page 8, Item 6.4, second paragraph, insert the following after ". . . .and not to the sides of the house." "Current ordinances tended to encourage building houses with no overhangs." and page 13, Item 11.4, add the following before "Council took no action on this issue." "This proposed ordinance would require a non-conforming detached secondary dwelling at the time of a major remodel to conform to current zoning." 5.8 Acceptance of Improvements - Lands of Nelson, 13970 La Paloma Road Siegel commented on the storm drainage improvements and asked for clarification of the detention basin. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to adopt Resolution #48-91 accepting improvements for Lands of Nelson, 13970 La Paloma Road. 5.9 Acceptance of Improvements - Lands of Clausen, Voorhees Drive - Siegel commented on the following issues which he felt should be addressed regarding Lands of Clausen: 1) Was there a condition to hire an arborist? There was an oak tree that was in poor condition.; 2) What assurance was there that the house Mr. Clausen lived in would be demolished? (If any lot is sold, the house will be removed.); 3) There was a large metal pipe and a pile of junk near the freeway exit which should be removed.; 4) The emergency access road needed to be signed.; and 5) Was there a 'no right turn on red' sign out of the school - there was such a sign off Voorhees? MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed by the following roll call vote to adopt Resolution #49-91 accepting improvements for Lands of Clausen, Voorhees Drive. AYES: Mayor Hubbard and Councilmembers Casey, Siegel and Tryon NOES: None ABSTAIN: Councilmember Johnson September 18, 1991 Regular Meeting 4 6. PRESENTATIONS FROM THE FLOOR Kent Mitchell, attorney for Mr. and Mrs. Laub, asked Council to extend the time period for the Laubs' application for a tentative map. Mr. Mitchell explained when their application had gone before the Planning Commission and their attempts to get FEMA approval. The City Attorney questioned the need for such an extension in that they already had more than enough time under the Permit Streamlining Act and the Town's Resolution #29-91 setting the time limits and allowing extensions for environmental impact reports and negative declarations. It was agreed that Mr. Mitchell and the City Attorney would discuss this matter and, if necessary, it would be agendized for the next Council meeting. Ruth Buneman, 12655 LaCresta Drive, expressed her concerns about the road repair work which was being done in the Town. She noted that she got her notice of the road closure the night before it was to be done and she did not think this was adequate notice. She also believed leaving notices on doors was an invitation to burglaries and that the streets did not have to be completely closed. The procedure now in place caused a lot of inconvenience. The Director of Public Works said that he would look into Council's suggestion of providing notice by mail and would change the specifications for future contracts. 7. PUBLIC HEARINGS 7.1 Request for a Site Development Permit for a new residence, Lands of Mooring, 13791 LaPaloma Road Johnson stated that before the hearing on the Mooring's secondary dwelling he had met with the applicant who showed him what his plans were for the property. At that time Johnson cautioned the applicant about the sensitivity of the La Paloma area and concerns about height and setbacks. John Glathe, 13801 La Paloma, noted that this was the first construction on La Paloma of a two-story house and he preferred a one-story house. Whatever elevation he recommended that the house not be elevated because of fill. Mr. Glathe also noted that Mr. Mooring had shared his landscape plan with him and it appeared there was an additional parking area which he would rather see removed. Its September 18, 1991 Regular Meeting 5 Ida Mae Hoover, La Paloma, stated that she thought the plans for the primary 11100 house could not be approved until the secondary dwelling plans were approved and she also expressed her concerns about the height. The Director of Public Works noted that the secondary dwelling plans had been approved. Carol Seeds, 18801 La Paloma, expressed her concerns about height and the setback of the driveway. Regarding height she urged Council to keep the height down to 24 1/2' and commented on the impact of a two story house on their house and also recommended that the traffic be avoided on either side of the house. David Mooring, applicant, explained the parking area raised by Mr. Glathe and stated that he was required to have two more parking spaces but he too would rather not have them there either. Regarding the height issue, Mr. Mooring gave several examples of two story houses in the area and also stated that with a two story house they used less of the lot and there was more open space. He also explained the siting of the house and the mitigating measures he planned to take in response to the neighbors' concerns. Tryon noted that the plans before them were one year old and it appeared the applicant had not taken into consideration the comments made by the §11W Council when the secondary dwelling was before them. She also noted that there was not enough setback for a large house and the maximum floor area and maximum development area were very close to being totally used. In response to Mr. Mooring's comments about open space, Tryon stated that it was appropriate if more of the lot was used and the house was spread out. Tryon also believed that if Council wanted to make La Paloma Basin one story then they should state that decision. Johnson believed the key issue was the low lying aspect of the La Paloma Basin. He did not believe that a two story house fit in this area. Hubbard concurred with Johnson's concerns and Siegel reminded Council of the Fong height limitation of 23' which would still allow a two story house. He believed if Council wanted to limit this to a one story house they should make it quite clear. Casey did not believe that the direction to the Moorings had been clear especially since staff had recommended approval. She did not believe the issue was whether or not it was a one or two story house. The issue to the neighbors was that a house of any size was being built. The Moorings had planned to take mitigating measures and had a right to build on their property. She also believed this two story was less of an impact than a one story house and that the applicants should not have to spend additional money on this project. September 18, 1991 Regular Meeting 6 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed by the following roll call vote to continue the request for a site development permit for a new residence for Lands of Mooring at 13791 La Paloma Road and to encourage the applicant to redesign the project for a 24' single story house sited 100' from center line. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey 8. UNFINISHED BUSINESS 8.1 Formulation of a Statement of Town Policy in Respect of a Regional Form of Government for the San Francisco Bay Area Council discussed the proposal for the formation of a San Francisco Bay Area Regional Commission and it was noted that this was a particularly controversial issue. This commission would succeed the duties of the Association of Bay Area Governments, the Metropolitan Transportation Commission and the Bay Area Air Quality Management Districts as well as other agencies. Of particular importance was the composition of the commission, elected vs. appointed. The Santa Clara County Cities Association would be discussing a position on this proposal at their meeting scheduled for September 19th. Council had before them a draft policy statement on the formation of such a commission. Siegel and Casey however disagreed with sections of this policy statement in that they believed in the concept that the San Francisco Bay Area was in a position to have these three agencies consolidated. Council also discussed proportional representation, the direct election concept and the policy whereby only elected officials on the commission would have binding votes (assuming the commission also included appointed officials). MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to state that the primary position of the Town of Los Altos Hills concerning the formation of a regional form of government was that if such a regional agency was formed it shall have proportional representation and shall be comprised of all elected officials. AYES: Mayor Hubbard and Councilmembers Johnson, Seigel and Tryon NOES: Councilmember Casey MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to state that the Cities Association should encourage a convention of all Santa Clara County City and County officials to discuss this proposal. September 18, 1991 Regular Meeting 7 411/ PASSED BY CONSENSUS: To encourage regional cooperation and to note that further discussion on the issue of regional government is warranted. 8.2 Design Approval for Fencing of Byrne Preserve Council discussed the issue of fencing for Byrne Preserve and what types of fencing would be preferred. The Director of Public Works had noted that he had been unable to get price quotes because he did not know what kind of fence Council wanted. Council commented on the importance of an aesthetically pleasing fence as well as one that was cost effective and also kept the horses in the preserve. Dot Schreiner, Chairman - Pathways, Recreation and Parks Commitee and Sharyn Adkisson, Member - Environmental Design and Protection Committee, both commented on various types of fences and how effective certain fences were in keeping horses in a particular area. PASSED BY CONSENSUS: To ask the Environmental Design and Protection Committee to make a recommendation at their next meeting on the following two kinds of fences for Byrne Preserve: a three-rail wood fence or a a one top rail fence with wire and to further request the 4� Environmental Design and Protection Committee to notify the neighbors `. of Byrne Preserve (along Altamont) of this meeting. Tryon also noted that certain types of eucalyptus trees in Town had suffered damage due to the frost while others had not suffered any damage. Tryon asked the Environmental Design and Protection Committee if they would look into which eucalyptus trees held up better. It was also noted that the Town Arborist was going to be at the next meeting of the Environmental Design and Protection Committee. 9. NEW BUSINESS 10. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 11. STAFF REPORTS 11.1 City Manager 11.1.a Sun Country Cable September 18, 1991 Regular Meeting 8 Council asked the City Manager to provide a status report on Sun Country Cable to include the following: is the franchise completed, how could the Town get Access 30, why is C-Span frequently out of sound, is the question of damages resolved, can the Town get more channels; and what is the status of emerency backup on cable. 11.1.b Components of Waste Stream Report Siegel asked staff for a report highlighting the significant points in this report. 11.1.c Letter from Mr. Micko Casey asked about the status of the request from Mr. Micko to meet with the Council on his proposed project. It was agreed that at this stage Mr. Micko will review this proposal with the Director of Public Works and Council will be advised of any developments. 11.2 City Attorney 11.3 City Clerk 11.3a Report on Council Correspondence dated September 13, 1991 Tryon referred to the letter from ABAG requesting endorsement of declaration of fiscal interdependency and statement of guiding principles and noted that this issue would be discussed at the League of California Cities Conference and further advised the Mayor that it was rather controversial. 12. COUNCIL-INITIATED ITEMS 12.1 Council Policy on Appeal Costs (Councilmember Casey) Council discussed the issue of appeals and who should pay for the costs involved. Johnson had prepared a report on this subject (dated 8/3/91 and on file at Town Hall). In this report Johnson examined several examples of appeals and who should pay for what costs. These examples cover when an applicant pays the costs involved (application approved by Planning Commission and concurred with by the Council); when a resident appeals an application and pays the $250 nonrefundable fee and $500 deposit; when an application is appealed by either an individual or the entire Council the Town should pay the costs of the appeal. The report also stated that applicants defending their applications against appeals bar September 18, 1991 Regular Meeting 9 should pay all of their own costs. Casey supported Johnson and kir commented that when a neighbor appealed an application they had to pay the appeal costs; therefore, when the Council appealed they were representing all of the neighbors and should also pay the appeal costs. Siegel stated that the appeal step was part of all of the development costs and also part of the entire process of an application. Tryon also commented that Council had the ability to review an application which was not quite the same as appealing an application. She also commented on the cost involved in appealing a project ($750) as being at a level to discourage people from making frivolous appeals. Council discussed the amount of money paid by a resident who appealed an application, specifically the $250 nonrefundable fee and the $500 deposit. They were advised by staff that depending on the application the amount of deposit required may be less than $500. However, if costs of the appeal went over $500, the person appealing was responsible. Council referred to the recent appeal made by a neighbor of the Shockley application and asked about the costs involved in reviewing the additional drainage work which had been done. Council was advised that these costs, under the Town's current policy, would be paid by the person appealing. Council did not agree with this and stated that they had not understood the policy to mean that someone could be responsible for more than $500. kir MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to state that the maximim amount to be paid for an appeal made by other than the applicant shall be $750 ($250 nonrefundable fee and $500 deposit). PASSED BY CONSENSUS: To state that the appeal costs for the Lands of Shockley shall not exceed $750. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Siegel and passed by the following roll call vote to state that if the entire Council reviews an application, the applicant shall pay the additional costs. AYES: Mayor Hubbard and Councilmembers Johnson, Siegel and Tryon NOES: Councilmember Casey Council then discussed the specific case of appeal costs incurred by Dr. Hau. Casey stated that she did not think it was fair that Dr. Hau had to pay for the City Attorney's costs related to his appeal. The attorney's fees had never been charged before and due to the appeal process in this specific application and possible confusion regarding this appeal, Casey did not believe they were appropriate charges. September 18, 1991 Regular Meeting 10 The City Attorney explained two categories of her work: preparation of tir documents and advice. She stated that she did not decide if her charges were passed on to the applicant, staff did. In the case of Dr. Hau, however, she had spent many hours on the validity of the appeal, including preparing responses to lengthy letters prepared by Dr. Hau's attorney and meeting with the applicants and their representatives. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Siegel to state that an applicant will not be charged for attorney fees in an appeal unless the Council determines that unusual work by the attorney was done. PASSED BY CONSENSUS: To direct staff to prepare a policy statement on appeal costs for approval by the Council and to defer consideration of Dr. Hau's specific case regarding appeal costs until this policy is submitted and voted upon by the Council. 12.2 Appointment of Councilmember to Joint Volunteer Awards Committee (Mayor Hubbard) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to appoint Councilmember Johnson to the Joint Volunteer Awards Committee for a term of one year. 12.3 Lands of Oshima - Clarification of Height Limitation (Councilmember Casey) Casey noted that in 1988 a condition for a 23' height limit had been imposed on Lands of Oshima and she requested that Council also include a condition for Lot B on Lands of Oshima stating it shall be a one-story house. She believed, after the recent situation with Lands of Fong (the other lot on Lands of Oshima) and the neighbors' concerns over the height of the house that by changing the condition at this time it would be perfectly clear for the future owner of Lot B what could be done on the lot. The City Attorney stated that Council could send this request for a change in the conditions of the subdivision back to the Planning Commission for a public hearing. Mrs. Meyer, 26077 Torello Lane, referred to the letter signed by several of the neighbors which she had submitted requesting a one story limitation on Lot B of Lands of Oshima. September 18, 1991 Regular Meeting 11 MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to refer the request for an amendment to the subdivision conditions for Lot B of Lands of Oshima to include a one story limitation on the house to the Planning Commission for public hearing. 12.4 Request for Proclamation: Asian Americans for Community Involve- , ment (AACI), 5th Annual Freedom Awards/ 18th Anniversary Banquet (Councilmember Tryon) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard and passed unanimously to issue a proclamation commending the Asian Americans for Community Involvement on their 18th anniversary. 12.5 Altamont Road Guard Rail Tryon asked the issue of the guard rail on Altamont Road (Julie Peacock's letter) be agendized. 13. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 10:50 p.m. to an Adjourned Regular Meeting at 6:00 p.m. on `. Wednesday, October 2, 1991. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 18, 1991 Regular City Council Meeting were approved at the October 2, 1991 Regular City Council Meeting. Saw September 18, 1991 Regular Meeting 12