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HomeMy WebLinkAbout11/20/1991 Minutes of a Regular Meeting November 20, 1991 Town of Los Altos Hills City Council Meeting Wednesday, November 20, 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 (arrived at 7:40 p.m.), Johnson, Siegel and Tryon. Absent: None Staff: City Manager Les Jones, II; City Attorney Sandy Sloan; Director of Public Works Bill Ekern and City Clerk Pat Dowd Press: None MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to add a proclamation regarding Adoption Recognition Week to the Consent Calendar as this matter was brought to the Council's attention after the agenda had been prepared. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointments to the Los Altos County Fire Protection District Commission and the Safety Committee MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to recommend that Councilmember Siegel be reappointed to the Los Altos County Fire Protection District Board. AYES: Mayor Hubbard and Councilmembers Johnson and Tryon NOES: None ABSENT: Councilmember Casey ABSTAIN: Councilmember Siegel November 20, 1991 1 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and hlor passed unanimously by all members present to appoint Ralph Vetterlein, 26035 Todd Lane, to the Safety Committee for a term of two years. 3. PLANNING COMMISSION REPORT Commissioner Ellinger reported that at the 11/13/91 Planning Commission the following actions were taken: Lands of Chiao-Tsai - approved request for a site development permit for an addition and Lands of Becker and Lands of Del Investments Company -- continued. Mr. Ellinger also noted that the sub-committee of the Commission had met with Sun Country Cable to discuss the issue of the headend and their concerns that it had not been built to approved plans. Tryon stated her concerns that Commissioners were meeting with Sun Country. It had been her understanding that the Commission would relay their concerns to the Council and not meet directly with Sun Country. Council encouraged the City Manager to become involved in the discussions with Sun Country and any agreements made with Sun would come directly from the Council. 4. CONSENT CALENDAR Item Removed: 4.1 - October 16, 1991 minutes (Tryon) Item Added: Proclamation - Adoption Recognition Week MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously with Tryon abstaining on Item 4.5 to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: October 30, 1991 (Special Meeting) November 6, 1991 (Special Meeting) 4.2 Approval of Warrants: $68,705.55 (11/14/91) 4.3 Certificate of Appreciation: Linda Kramer - Safety Committee 4.4 Acceptance of Dedication of Easement for Storm Drains, Lands of Dobrov, 12660 Robleda Road -- Reso #59-91 4.5 Amendment of Conditions of Approval for Lot B, Lands of Oshima, Fremont Road -- Reso #60-91 4.6 Consideration of Whether To Review the following Planning Commission Action at Its Meeting on November 13, 1991: November 20, 1991 2 4.6a Lands of Chiao-Tsai, 13290 Lenox Way, approved request for a site development permit for an addition 4.7 Proclamation: Adoption Recognition Week -- November 18-24, 1991 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to approve the minutes of the October 16, 1991 City Council Meeting with the following corrections: page 4, first sentence, delete 'passed by consensus to' to 'Council requested review of; page 9, delete the last paragraph and add it to the attachment to the site development policy statement; and page 15, last paragraph, change first sentence to read: 'Tryon also referred to Pahl's letter regarding the setback ordinance and noted that the purpose of the rebuilding/building out subcommittee had not been solely to look at design issues. AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Tryon NOES: None ABSTAIN: Councilmember Siegel 5. PRESENTATIONS FROM THE FLOOR Mr. Ben-Artzi, 27800 Via Feliz, asked Council if the public hearing on the appeal of the Planning Commission's approval of his site development permit for a new residence, tennis court and swimming pool at 27800 Via Feliz could be brought back to the Council directly rather than going back to the Planning Commission. He explained the delays regarding his project and the concerns regarding timing. MOTION SECONDED AND CARRIED: Moved by Casey,seconded by Siegel and passed unanimously to add Mr. Ben-Artzi's request to the agenda as an urgency item. Tryon asked if there was adequate staff time to get the application before Council on the 18th and the response was yes assuming Mr. Ben-Artzi got his new plans in enough time for the consulants to review them. Tryon also noted that she had met with Mr. Ben-Artzi and Bob Owen to discuss the concerns regarding hilltops and ridgelines. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to state that the denial of Mr. Ben-Artzi's application heard at the November 6th meeting had been without prejudice and to condition that the appeal would be heard directly by the Council and not have to go back to the Planning Commission. This hearing would be scheduled for December 18th with the understanding that the applicant submitted his plans in a timely manner for review by staff. November 20, 1991 3 hi/ Casey urged that Planning Commissioners be present at the December 18th meeting as their input on this project was important. 6. PUBLIC HEARINGS 6.1 Request for Approval of a Conditional Exception and Approval of a Tentative Map for a Two-Lot Subdivision, Lands of Merrill, 25355 La Loma Drive This public hearing has been continued at the request of the applicant. Mr. Richard Aurelio, 25320 La Loma Drive, stated that he had a basic objection to the continual continuation of this hearing and he believed it was a tactic to wear the neighbors down. He had cancelled a business trip to Boston to attend this meeting and was not pleased that it was continued again. In addition he strongly objected to the granting of a variance for economic gain which is what he believed this application was for. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and passed unanimously to continue the public hearing on the request for approval of a conditional exception and approval of a tentative map for a two-lot subdivision for Lands of Merrill at 25355 La Loma Drive to the ktiv December 18th Council Meeting and to request the Mayor to send a letter to Mr. Merrill stating the Council's concerns about the continuation of this application and to state that the Council will not necessarily honor another request for a continuance. 6.2 Request for a Variance to the Fence Height/Setback Requirements of the Zoning Code, Lands of Forward, 10575 Blandor Way Council had before them the Director of Public Works staff report dated 11/20/91 which noted that this request had been denied by the Planning Commission as they had been unable to make the variance findings for hardship but they had requested that the matter be placed before the City Council. Dr. Terry Forward, applicant, explained her request for a fence which included safety reasons, enclosure of her property and a place for her animals. She noted that most of the fences she saw in Town were not according to the Code and believed it unfair that she be treated as though she was asking for something unusual when indeed she was not. Dr. Foward further stated that she planned to maintain and landscape the fence and she did not believe it would be an obstruction to anyone's view. She further explained the slope of the land and the difficulties of placing a fence on the slope. November 20, 1991 4 Dr. Peter Schubart, 24624 Olive Tree Lane, reiterated his concerns regarding the visual impact of this proposed fence. He believed the fence could be placed further down the slope and in that location could be six feet high. He also believed the plantings as presently proposed around the fencing would grow into the roadway. Rick Ellinger, 28520 Matadero Creek Lane, referred to the fences shown by Dr. Foward as an example of what is being built or has been built in the Town and suggested that these fences be brought to the Council for review. Stephanie Munoz, 13460 Robleda, discussed the locations of certain fences and believed all properties should be equally treated. She believed problems such as illegally placed fences could be addressed when the properties were sold. Council discussed the location of the fence, topography, stability of the ground, the possibility of placing the fence further down on the property and concerns about putting a fence in the easement. Casey reiterated her request that the Town review the fence ordinance and she shared the applicant's concern that there were a lot of fences in Town that did not conform. Johnson stated that other illegal fences in Town did not affect tonight's request for a variance for fence. He did not believe the fence was (kW acceptable as proposed and the variance findings could not be met. He further commented on the instability of the slope and the difficulty of placing a fence in that location. Johnson also noted that oleanders needed to be properly maintained and should be moved further in on the property. PASSED BY CONSENSUS: To continue the public hearing on Lands of Forward to the December 18th Council Meeting and to direct staff to mark on the property where the proposed fence would be located. 7. UNFINISHED BUSINESS 7.1 Discussion of Amendment to the Zoning Ordinance to allow for Encroachment of Eaves and Similar Structures into the Setback Siegel mentioned that there should not be blanket exceptions, rather exceptions should be based on good design and could be decided at the staff level. Tryon noted this could be reviewed as a minor variance. Hubbard expressed his concerns about plans that were drawn up early by an applicant. The Director of Public Works suggested the whole issue of k setbacks be discussed at the same time and Tryon suggested that the new ` November 20, 1991 5 planner be involved in discussions on these issues before they are brought {kW back to Council. 7.2 Discussion of Front Yard Setbacks 7.3 Rebuilding/Building Out Sub-committee -- Discussion of potential methods to address issues of neighborhood compatibility and impact of ongoing "rebuilding and building-out" (pending from prior sub-committee) Tryon stated that this would address the issue of how the Town may have to deal with tearing down and rebuilding projects and would include consideration of neighborhood capability. Casey recommended La Paloma be used as an example and overlay zoning be considered for this area. 7.4 Three Story Residential Development — discussion of potential ordinance amendment clarifying "backfill" and "35" lowest to highest provisions" to address three story facades MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to refer Items 7.1, 7.2, 7.3 and 7.4 to a sub-committee of the Council (Siegel and Tryon) to work with the new planner on these issues and to make a progress report to the Council in February. 7.5 Reconsideration of Speed Survey -- request to decrease speed limits on Robleda and Concepcion from 30 to 25 mph Tryon noted the staff's recommendation that the current speed limits be retained on Robleda and Concepction. Council took no action on this issue. 7.6 Discussion of Yard Waste Program Costs Staff reported on the proposed three city (Cupertino, Los Altos and Los Altos Hills) yard waste program for backyard pickup of yard waste. Cupertino was most aggressively pursuing this issue and Los Altos would probably start after the first of the year. PASSED BY CONSENSUS: To direct the City Manager and the Director of Public Works to work with Los Altos and Cupertino on the best opportunity for backyard pickup of yard waste. thi' November 20, 1991 6 ihr Johnson commented on the cost of the yard waste recycling program (about $60,000/year) and on the number of people using the program. He did not believe it was a very large number of people and if this were the case the rest of the Town was subsidizing this program. Johnson recommended that issue be reviewed by staff and Council. PASSED BY CONSENSUS: To direct the City Manager to prepare a staff report on the yard waste program including number of people using the program and the costs involved and on the issue of whether the franchise agreement which expires in July of 1992 will go out for bid. Elayne Dauber, 27930 Roble Alto, noted that there were mounds of mulch at the Zanker Road Site. The Director of Public Works responded that most of the waste leaving the Town was made into chips and used at the cogeneration plant. Stephanie Munoz, 13460 Robleda, noted that before the Town started the yard waste program at a cost of$60,000 residents took care of it themselves. She also suggested that a mulcher could be moved throughout the Town and residents could take their yard waste to the mulcher. The City Manager noted that Jon Angin of Los Altos Garbage Company had agreed to fund a consultant to review their financial contract and rate structure. This consultant would work for the Town but be paid by Los Altos Garbage Company. A proposal had been discussed with Mr. Peasley from Southern California whose rates were approximately $100/hour. The City Manager stated that he knew Mr. Peasley and he had a reputation for being the best in his field. Siegel expressed concerns about getting a consultant from Southern California because of travel costs and believed the Town should look locally and Casey thought $100/hr. was too expensive. It was agreed that this matter of a consultant should be agendized for the next Council meeting if it was going to be discussed further and decided upon. Tryon also suggested that representatives from the Los Altos Garbage Company be present for the discussion of this item. 8. NEW BUSINESS 8.1 Request for Support of a Proposal for a Cities Association Standing Committee on Legislation November 20, 1991 7 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to support the proposal for a Cities Association Standing Committee on Legislation. 8.2 Discussion of whether to Cancel or Reschedule the January 1, 1992 Council Meeting: PASSED BY CONSENSUS: To cancel the January 1, 1992 Council Meeting. 8.3 Request for Approval of Purchase and Installation of an Emergency Generator Council had before them the staff's recommendation that the Town purchase an emergency generator. Rick Ellinger, resident and ham radio operator, noted that the generator recommended by the staff was too large to be moved and would be inappropriate if the command center had to be moved. He also noted that it would be adequate for Town Hall but did not address the total issue of mobile communications. Staff commented on the Town's link with County Communications and noted lir that they would look into the Town's emergency generators and Foothill College as a site for emergency communications. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve retaining the services of Richard M. Trainer Engineers Incorporated for the planning, procurement, installation and inspection of an emergency generator for Town Hall for an amount not to exceed $30,000 and to appropriate $20,000 from the General Fund Balance to the Emergency Preparedness Budget (account 2- 0421). 9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 10. STAFF REPORTS 10.1 City Manager • 10.2 City Attorney November 20, 1991 8 10.3 City Clerk 10.3a Report on Council Correspondence dated 11/15/91 Johnson asked if Council planned to take any action regarding Mr. Weindorf's letter on leaf blowers. Council asked the Mayor to send a letter to Mr. Weindorf stating that the Council did not plan to discuss the issue of leaf blowers. 11. COUNCIL-INITIATED ITEMS 11.1 Request for Reconsideration of Ordinance #318 concerning Construction Hours in the Town (Councilmember Casey) Casey recommended that the ordinance regarding construction hours in the Town be amended to reflect only the major holidays on which work could not take place and not all of the twelve holidays on which the Town Hall was closed. PASSED BY CONSENSUS: To amend Ordinance #318 to reflect only the following holidays: Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas and New Year's Day and to correct the notice to state that residents are prohibited from using any pneumatic hammer, steam or electric hoist, backhoe, bulldozer or dump truck her at any time on Saturday unless a permit has been obtained beforehand in accordance with the provisions of this chapter (Sec. 5-7.02W). 11.2 Discussion of Rezoning of La Paloma Basin (Councilmember Casey) Casey stated that she was proposing that the issue of a zoning overlay be looked into - not that the Town's zoning be changed. She believed what happened to the Moorings was unfair. People moved into the LaPaloma area believing they could have a two-story home and they found that they could not. It should be put to a vote of the people on whether all lots should be restricted to one story and the neighborhoods should be defined. As it presently was she did not think it was fair. Casey also stated that she would like the newly formed sub-committee of Siegel and and Tryon to also address this issue. It was noted that the sub-committee would be looking at neighborhood compatibility. Tryon stated her belief that establishing zoning overlays for any reason definitely changed the zoning of the Town. 11.3 Fire Issues Hubbard noted that the safety issues raised at the 11/19/91 Special Council Meeting would be discussed at a future meeting. November 20, 1991 9 kir 12. ADJOURNMENT There being no further new or old business to discuss, the meeting was adjourned at 10:45 p.m. Respectfully submitted, Patricia!`''Do/w)d19 City Clerk The minutes of the November 20, 1991 Regular City Council Meeting were approved at the December 18, 1991 Regular City Council Meeting. ilaw November 20, 1991 10