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HomeMy WebLinkAbout06/06/1990 (r,rJd S-0 1/ awe Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday, June 6 , 1990, 7:15 P.M. Council Chambers, 26379 Fremont Road Cassettes 13-90 and 14-90 (both sides) Mayor Casey called the Regular Meeting of the City Council to order at 7:20 p.m. in the Council Chambers at Town Hall. She invited everyone to attend the meeting at which the new Councilmembers would be seated and the reorganization of Council would take place. At this time the date for this meeting was not known as the certification of election results were not available. Notices would be sent out when the meeting date was set. Mayor Casey also commented that she had met Mr. Gorbachev at Stanford University and it had been a wonderful experience. 41, 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Present: Mayor Casey and Councilmembers Johnson, Tryon and van Tamelen Absent: Mayor Pro Tem Siegel Staff: Acting City Manager Bill Ekern; City Attorney Sandy Sloan; Planning Director Ann Jamison; and City Clerk Pat Dowd Press: Christine Kern, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by Fourth Graders from Bullis School of their Art Work Display in Council Chambers Stephen Gardner and Joyce Tong, fourth graders in Mrs. Sandy Rutherford's class at Bullis School, explained to the Council the steps involved in their art project of drawing carrousel horses. Their art work as well as that of other fellow students was on display in Council Chambers for everyone to enjoy. Council thanked the students for (t sharing their project and commended them on their talent. �r June 6, 1990 1 owe 3. REPORT FROM THE PLANNING COMMISSION Commissioner Pahl referred to the Planning Commission Summary of the 5/23/90 meeting. He particularly noted the public hearing held on the Lands of McDonald for a conditional development permit, variances to the required setbacks and a site development permit. This application had been sent to the City Council for a public hearing on June 6th with no recommendation from the Commission. 4. CONSENT CALENDAR Items Removed: 4.9 (City Attorney); 4.11 (Tryon) and 4.13 and 4.14 (Casey) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: April 19, 1989 (Regular Meeting) May 16, 1990 (Adjourned Regular Meeting) May 16, 1990 (Regular Meeting) May 29, 1990 (Special Meeting) 4.2 Approval of Warrants: $259,959.43 (May 18, 1990) 4.3 Monthly Financial Report: April, 1990 4.4 Approval of Increase in the City Manager's Compensation of $3,450 per annum , retroactive to June 1, 1990 (amended by Council 6/20/90). 4.5 Addendum to Agreement with Collection Systems Maintenance Service (CSMS) for Preventive and Emergency Maintenance, Palo Alto Sewer Basin -- Reso #28-90 4.6 Acceptance of Parcel Map Improvements, Lands of Packer/Drowne, 26431 Elena Road -- Reso #29-90 4.7 Encroachment Permit Lands of Marcin, 14127 Miranda Road, Connection to Sanitary Sewer June 6, 1990 2 41/ 4.8 Approval of Agreement with C.G. Uhlenberg for Annual Audit Services 4.10 Proclamation supporting Sunday, September 16, 1990 a "Walk For Aids" Day in Los Altos Hills 4.12 Request from Los Altos Fire Department for Weed Abatement 4.15 Quarry Hills Subdivision - Request for an Extension to September 5, 1990 for Consideration of the Proposed Tentative Map for the Lands of Quarry Hills Items Removed: 4.9 Lease with Pacific Sun Cable Partners, L.P. The City Attorney noted that there were corrections to two pages of the lease before Council. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to approve and authorize execution of the lease with Pacific Sun Cable Partners, L. P. 4.11 Proclamation Addressing Fire Danger Concerns and Urging Fire Safety in the Town PASSED BY CONSENSUS: To continue this item to the second meeting in July. 4.13 Request for Approval of Town Hall Parking Lot and Driveway Repairs Casey and Tryon commented on the cost involved in this project and their objections to the proposed Plan D of the Town Hall Master Plan. Johnson asked if this expenditure of approximately $3,500 would commit the Town to spending additional funds and was advised it would not. He did not believe however that it was a good time to proceed with this project. van Tamelen noted that the money had already been spent on the design of the project and the driveway at Town Hall was in need of repair anyway. She believed it was an appropriate expenditure, and considerably less expen- sive than the original plan for the necessary repaving. (amended by Council 6/20/90) PASSED BY CONSENSUS: To continue this item to the second meeting in July. June 6, 1990 3 411101_ 4.14 Denial of Claim, William Young, 26880 St. Francis Drive Casey asked for some background on this daim and also inquired if Mr. Young had been advised that it was on the agenda. The Acting City Manager reported that last year sewer work had been done on St. Francis and after the project was completed the Youngs experienced a back up in their sewer line. The claim was reviewed by ABAG which denied the claim and also recommended that the Town deny the claim. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously by all members present to deny the claim of William Young, 26880 St. Francis Drive. 5. PRESENTATIONS FROM THE FLOOR Mr. David Stamm, 12341 Stonebrook, reported that a lot in their neighborhood was being used as a storage site for construction equipment. This was an eyesore and in violation of the Town's building and zoning regulations. In addition to the equipment there was constant dumping of sand and gravel. Mr. Stamm had contacted PG&E 11110 whose equipment it was and was advised that the project should be completed somewhere between mid-July and the end of September. He asked that Council direct staff to work on resolving this problem. The Director of Public Works noted that this was a joint project between Los Altos, Los Altos Hills and PG&E. He stated that PG&E would be off the site by the end of next week and it was agreed that if this was not the case the matter would be agendized. Ms. Kathy Kelly, 26922 Dezahara Way, referred to the letter (dated 5/27/90 on file at Town Hall) she had written to the Council concerning fire dangers in the Town. In part this letter said: "None of us wants a repeat of the 1985 fire that claimed 10 homes. I feel the Town should erect temporary barriers for that night (July 4th) indicating where parking is illegal. Furthermore, I think the Town should stringently enforce its no- parking codes such as Municipal Code 4-3.1004 which prohibits "parking or stopping of any vehicle (where it) would constitute a traffic hazard or would endanger life or property: and Municipal Code 4-3.803 which forbids parking on "any bridle path or other pathway constructed for the purpose of accommodating equestrian traffic." There would still be plenty of legal parking in people's driveways so that visiting and parties would not be affected." June 6, 1990 4 Mrs. Shari Emling, 11853 Murietta Lane, concurred with Mr. Stamm's comments. She said she drove up Stonebrook frequently and the road was slick with gravel. It was dangerous. Mrs. Emling also reported on the two huge palm trees which had been cut down on property at 12422 Elena and noted that this was not in conformance with the Town's tree ordinance. In conclusion, she hoped that the two candidates who had put up election signs would remove them. Regarding the trees Tryon suggested that perhaps this issue should be investigated by both the Environmental Design and Protection Committee and Rosemary Meyerott, the Town Historian. 6. PUBLIC HEARINGS 6.1 Lands of Ratnam, 13408 Middle Fork Lane, Site Development Permit for a New Residence Councilmembers made the following disclosures: Casey, Johnson and van Tamelen had all spoken with the applicant but had not received any information which was not included in the staff report. Tryon stated that she had not spoken with the applicant but she was friends with Ken Pastrof who had been involved in the original subdivision of this property. On this subject, she referred to the minutes of the 4/1/87 ibtv and 5/6/87 Council meetings at which the Lands of Del Monte Properties had been discussed and approved. van Tamelen inquired if the applicant wished to continue this hearing to a meeting at which the full Council would be present. Mr. Ratnam stated that they had put a lot of time and money into the project and they wished to be heard at this meeting. Tryon pointed out that Mayor Pro Tern Siegel had appealed this application as well as Lands of Ng and in both cases he had not been present at the public hearing. She did not think this was appropriate. The following residents addressed the Council in favor of the application from Mr. Ratnam for a site development permit for a new residence: Bobbie Dolton, owner of 13416 Middle Fork Lane; David Cooper, 28610 Matadero Creek Court; Denise Quattrone, owner of Lot #5 Middle Fork and the owner of 28555 Matadero Creek. Letters had also been received from Dr. Hao, owner of Lot #4 and V.J. Kapoor, 28615 Matadero Creek Court stating their support of the project. Mr. Tobin Dougherty, architect for Lot #1 on Middle Fork (next door to Mr. Ratman's) commented on the restrictions for his lot specifically regarding height and the issue June 6, 1990 5 before Council tonight for Lands of Ratman. He believed there should be consistency concerning the Town's regulations and the application of those regulations. Mr. Alex Vayntrub, 27067 Horseshoe Court, commented that if the Town was trying to legislate taste, the applicants should at least have guidelines from which to work on their projects so they know what to expect. Mrs. Shari Emling, 11853 Murietta Lane, addressed the Council on behalf of her husband, Planning Commission Ed Emling. His concerns were that this was a two story house on a hillside and he urged the Council to be consisent. Mrs. Wallace Stegner, 13456 South Fork Lane, noted that in the application before Council the applicant had stated that he had spoken with all of the neighbors. Mr. Ratnam had indeed spoken with them and at that time they had expressed their hopes that he would reduce the house from two to one story. She did comment that they had really given up stating their concerns and objections after the first large home in the neighborhood was approved. The resident of 13500 South Fork Lane stated his concerns about the development of his neighborhood. He was not in favor of the Ratnam's project as he believed it had a definite negative visual impact on his property and on the neighborhood. Mrs. Judy Carico, 25311 O'Keefe, referred to Mr. Vayntrub's comments and noted that they were aware that each lot was different. There had been several changes on the Council and the Commission and she suggested that the ordinances be reviewed and clarified for everyone's benefit. Mr. Ken Pastrof, developer of Del Monte Properties, gave a brief background to the Council and those present on the Del Monte Subdivision. He noted that discussions had taken place regarding a zoning overlay for this neighborhood and also a requirement stating only one story homes be allowed. Neither of these issues were voted on. Mr. Pastrof inquired if there was a separate design ruling for this area as it always seemed to be brought up. Regarding references made to the minutes at which this subdivision was discussed, Mr. Pastrof asked what legal impact they had if the comments were not made into conditions of the subdivision. The City Attorney noted that they would be a reference tool but not legally binding. Mr. Ratman, applicant, made a presentation to the Council of his application for a site development permit for a new residence. In part his report included his main objectives which were: to build a partial two story house with sufficient space for his June 6, 1990 6 family; to preserve as much of the land as possible; to select building materials which were highly durable and which would provide maximum fire protection; to minimize the visual impact of their home on their neighbors; and to provide a landscape scheme which would be supportive of the environment. Mr. Michael Layne, applicant's designer, explained how his client wanted a Mediterranen style home which he believed was an appropriate style in California and he also explained the design of the partial two story home. Mr. Layne further referred to a Sunset Article which supported stucco as a building material. Mr. Peter Shaw, applicant's landscape architect, presented slides to the Council of other homes he had landscaped in the Town and also showed what landscaping he had planned for the Ratnam's residence. Mrs. Ratnam, applicant, stated that they had bought the lot in 1988 and this whole process had been a very emotional ordeal for them. If indeed there had been all of these problems and concerns with the lots at Middle Fork they should have been advised of them in the beginning. lbw van Tamelen noted that several homeowners from the Matadero Creek Subdivision had spoken in support of the Ratnam project. She noted that the Matadero Creek Subdivision had quite a bit more open space and it was not correct to compare the two. van Tamelen also stated that she did not think it was correct to discuss these applications for the Middle Fork area individually. The Council's clear direction at the time of the Del Monte Subdivision was for single story homes using natural materials. Johnson referred to the Planning Commission's discussion and vote on this application. He did not understand why the matter was being heard all over again as there had been no new evidence which the Commission had not seen. Johnson did not believe this process was at all fair to the applicant. Tryon believed there had been a breakdown in the intent of the Site Development Ordinance. This was a beautiful home but not necessarily appropriate for the site. The Council had a responsibility to the neighborhood and she would ask the applicant to redesign. Tryon wondered why the Council was being asked to do architectural review and believed the site development ordinance needed to be reviewed. Casey commented that the integrity of neighborhoods needed to be looked at and everyone should be treated the same. She believed the applicant had worked within the Town's ordinances. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and failed by the following roll call vote to deny the Planning Commission's approval June 6, 1990 7 `,. of a site development permit for a new residence for Lands of Ratnam, 13408 Middle Fork Lane. AYES: Councilmembers Tryon and van Tamelen NOES: Mayor Casey and Councilmember Johnson ABSENT: Mayor Pro Tern Siegel Mrs. Judy Carico, 25311 O'Keefe Lane, stated that she did not believe Johnson should have voted on this project as it was clear his comments had been prepared ahead of time. Johnson responded that indeed his comments had been written down and he had several different condusions depending on the information he obtained during the meeting. 6.2 Request for conditional development permit, variances to the required setbacks and a site development permit to construct a new residence, Lands of McDonald, 13621 Burke Road PASSED BY CONSENSUS: To continue this item to the June 20, 1990 Council Meeting. 41/ 6.3 Code Amendments to Allow Trailer Coaches as Accessory Structures During Construction of a Primary Residence Mrs. Dot Schreiner, 14301 Saddle Mountain Drive, noted that the potential for abuse was great if there were not specific regulations. They had had a trailer near their property which had not been lived in by family members. In addition the garbage piled up and it was noisy as they lived outside during the hot summer months. Mrs. Shari Emling, 11853 Murietta Lane, also noted that they had had a trailer on the property next to them for three years and concurred with Mrs. Schreiner that regulations were needed. Mrs. Judy Carico, 25311 O'Keefe Lane, also commented on an unpleasant experience they had had in their neighborhood. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to approve the negative declaration. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously by all members present to waive further reading. June 6, 1990 8 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to introduce an ordinance allowing trailer coaches as accessory structures during construction of a primary residences with the following amendments: permit renewable every six months; permit could be revoked by the Council if its a nuisance and there will be a notification process in place to the zoning administrator. 6.4 Proposed Levying of Charges and Fees for Environmental Monitoring The Acting City Manager referred to his staff report dated 5/16/90 which noted that recent legislation required that each local government implement a monitoring program for projects requiring environmental mitigation. The report further addressed the monitoring of landscaping and storm water and the recommended fees for these inspections. Casey stated that she was not in favor of charging fees for certain types of monitoring and it was also noted that costs should be recovered from the applicants for large projects. Tryon suggested that this issue be part of code enforcement and Council 6 concurred with directing staff to look at the entire issue of code enforcement. ` PASSED BY CONSENSUS: To approve the concept of a fee for environmental monitoring. 7. UNFINISHED BUSINESS 7.1 Request for amendment of conditions of Approval, Tentative Map, Lands of Finn, 24880 Prospect Road The Director of Public Works referred to his staff report dated 6/6/90 which addressed the amendment of conditions of approval for the Finn tentative map. The recommendation was that the requirement for obtaining storm drain easements on off- site properties be removed and the request for a gated entry to the subdivision be denied. The report includes the comments that if the development is not going to create new drainage patterns or increase the rate of runoff, then the easements may not be necessary. Staff further believed that the condition of approval requiring aquisition of storm drain easements could be waived if the entire drainage system, including the roadway, were privately maintained. Regarding the gate, it was noted that presently the (br June 6, 1990 9 lir construction of gates and fences within the right-of-way of roads was not allowed by the zoning ordinance. Council would need to determine if gated communities were desirable in the Town and conducive to the maintenance of the rural atmosphere. Jim Walsh, Brian Kangas Foulk, stated that everyone was in agreement with the design of the drainage system and the maintenance issue had been resolved. Mr. John Chasuk, applicant's attorney, commented on the issue of the homeowners' responsibilities and noted that the easement requirement should be waived as it had been addressed. Regarding the issue of private vs. public road, which had just recently been raised by staff, he stated that if it was going to be private they wanted to limit access to the road. Mr. Philip Dauber, member - Pathways, Recreation and Parks Committee, strongly recommended that if Finn Way was made private, the Town should be sure to get pathways easements on it. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to amend the conditions of approval for Lands of Finn to remove the requirement for obtaining storm drain easements on off- site properties and to direct staff to work with the applicant on resolving the remaining issues. 7.2 Report on Proposed Signs Stating Fire Dangers and Report on No Parking Signs on Certain Streets in Town on July 4, 1990 for Fire Safety Purposes The Acting City Manager reported that he was working with the Fire Department on the proposed signs stating fire dangers and that the street Mrs. Bertram had requested be closed on July 4th was actually in the County. He had tried several times to reach Mrs. Bertram to advise her of this and to let her know that the authorization to close the street under discussion would have to come from the County. 7.3 Report on Central Drive The Acting City Manager gave a status report on the issue of Central Drive and noted that signs would be posted. L June 6, 1990 10 8. NEW BUSINESS A resident has missed Presentations from the Floor and had two issues he wished to bring before the Council. Council concurred that it would be appropriate for Mr. Nissley to address the Council at this time. Mr. Hal Nissley, 12422 Robleda, first commented on the Town Newsletter. He was a member of the Community Relations Committee and had been working on the newsletter. The deadline for receipt of articles was June 18th. He suggested including a report from each of the committees in the newsletter and also including a column on general items of interest such as funding resources. He further suggested that the Town hold a cultural appreciation day in the fall. On another issue he summarized for Council his litigation with his neighbor. The neighbor had put in a fence on his property and the dispute had ended in litigation. In May a judgement had been made which included moving the fence and the gate and also allowing Mr. Nissley to take the two palm trees and put them on his property. The neighbors were responsible to get the needed permits by June 1st at which time all of the issues would be resolved. However, they advised Mr. Nissley that permits were not needed and before he could thr arrange to have the trees moved, the neighbors had cut down the two large palm trees. Mr. Nissley was now asking staff to write the neighbors and advise them that it would be necessary for them to reapply for the fence permit and this time to include the correct easements on his property. 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 9.1 Report from Environmental Design and Protection Committee and Pathways Recreation and Parks Committee on Tree Planting Council had before them a written report dated 5/30/90 from the Committees which included the recommendation that all the trees remain as planted and at a future time, such as in six months, the tree plantings be reviewed again and a decision be made at that time regarding transplanting. Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, suggested that the crew water the trees and also noted that they may suggest that the trees near the Packard property be thinned out. Mrs. Schreiner commented that the neighbors should be notified. hr June 6, 1990 11 Casey asked that this matter be agendized when the new Council was in place and 41/ Tryon commented that there should be a master plan prepared for Council discussion. 10. STAFF REPORTS 10.1 City Manager 10.2 City Attorney 10.3 City Clerk 10.3.1 Report on Council Correspondence dated 5/30/90 Councilmembers discussed adding a section to the report on Council Correspondence which would indicate who had responded to the letter. It was requested that the issue of Council Correspondence be agendized. 11. COUNCIL-INITIATED ITEMS 11.1 Trees on Middle Fork van Tamelen noted that the trees on Middle Fork were dead. The Director of Public Works stated that he had talked to Bob Owen who had a $25,000 maintenance bond with the Town; the trees would be replaced. 11.2 Certificate of Appreciation Tryon noted that Ruth Buneman had resigned from the Safety Committee and a certificate of appreciation should be prepared for her. 11.3 Hidden Villa Tryon noted that the list of Council correspondence included a letter to Casey and Siegel from Hidden Villa. The rest of the Council had not been advised of this meeting and she asked for a staff report on the subject. Lw June 6, 1990 12 411/ 11.4 Horton Pathway Tryon noted that in the 4/19/89 minutes the issue of alternative pathways on the Horton property had been discussed and she asked if there was any further information on this. The Director of Public Works stated that there was no new information at this time. 11.5 Park and Ride Tryon requested a copy of the Caltrans letter on the agreement regarding the park and ride lot in Town. 11.6 Town Letterhead and Pins Tryon asked for a formal report on the status of the new Town Letterhead and Town Pins. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned at 11:10 p.m. Respectfully submitted, Patricia Dowd,City Clerk L June 6, 1990 13