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HomeMy WebLinkAbout08/01/1990 (2) i Minutes of a Regular Meeting WN August 1, 1990 Town of Los Altos Hills City Council Meeting Wednesday, August 1, 1990, 7:15 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 7:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel, Mayor Pro Tern Hubbard, and Councilmembers Casey, Johnson, and Tryon. Absent: None Staff: City Manager and Acting City Clerk Thomas Frutchey; City Attorney Sandy Sloan; Director of Public Works Bill Ekern; Planning Director Ann Jamison; (i Press: Kristine Kern, Town Crier �/ 2. APPOINTMENTS AND PRESENTATIONS None. 3. PLANNING COMMISSION REPORT Commissioner Pahl explained that the Planning Commission continued two Public Hearings related to the location of yard waste recycling collection facilities. The Commission did address a Public Hearing on the Lands of Weidman Tentative Map. He noted that after some discussion of the ownership of the property and maintenance of the sense of openness along La Paloma that the Commission recommended certification of the mitigated negative declaration and forwarded the subdivision to Council with no recommendation on the proposed tentative map. 4. CONSENT CALENDAR Items withdrawn from agenda: 4.1 (Staff); items removed from consent calendar: 4.6a (Phil Dauber). The Council decided by consensus to discuss item 4.6a under Committee Reports. - 1 - MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon, and approved by the following roll call vote to adopt the remainder of the consent calendar: AYES: Mayor Siegel, Councilmembers Casey, Hubbard, Johnson, and Tryon. NOES: None. 4.2 Approval of Warrants: None 4.3 Request to the Tax Collector to Levy Charges for the Abatement of Weeds--Reso #38 4.4 Authorization to Abate Weeds on Certain Real Properties in the Town 4.5 Consideration of Whether To Concur with or Review the Following Actions of the Planning Commission at the Commission Meeting on July 25, 1990: No action required. 4.6 Consideration of Whether To Concur with or Review the Following Actions of the Zoning Administrator at the Hearing on July 25, 1990: 4.6b Approval of a Variance to Allow a Fence on the Right-of- way Side of the Reference Line, Lands of Mahoney, 12100 Foothill Lane 5. PRESENTATIONS FROM THE FLOOR None. 6. PUBLIC HEARINGS 6.1 Sanitary Sewer Rates 6.1.1 Palo Alto Sewer Basin--Reso #39-40 6.1.2 Los Altos Sewer Basin--Reso # 40-90 The Council agreed by consensus to address both basins together. After a staff presentation on the proposed rates and the cost L components, as well as questions from Council, the Mayor opened the public hearing. -2- 411, Judy Carico, 25311 O'Keefe Lane, and Jim Abraham, 12831 Viscaino Drive, indicated they felt the proposed rates were too high. Phil Dauber, 27930 Roble Alto, indicated the Finance Committee's full support of the proposed financial independence of the sewer funds, in order to stop drawing down the General Fund. Vince Battaglia, 12838 La Cresta, commented that the Council is considering only an allocation scheme. He asked the City Manager if the proposed end to the drawdown of the General Fund is reflected in the proposed budget for the General Fund; the City Manager responded that this is included and is part of the reason for the proposed 17% decrease in General Fund spending. No other persons wishing to speak, the Mayor closed the public hearing. Extensive discussion ensued within the Council. The Council then turned to specific action for the Los Altos Sewer Basin, Item 411/ 6.1.2. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson, and passed by the following roll call vote to delete the deferred depreciation, thereby reducing the depredation set aside by$10,904 to $24,597: AYES: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson, and Tryon. NOES: None. MOTION SECONDED AND DEFEATED: Moved by Casey, seconded by Johnson, and defeated by the following roll call vote to reduce the overhead charge by 50% to $27,608.50: AYES: Councilmembers Casey and Johnson. NOES: Mayor Siegel and Councilmembers Hubbard and Tryon. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Hubbard, and passed by the following roll call vote r to reduce the overhead charge by 25% to $41,412.75: �r -3 - AYES: Councilmembers Casey, Hubbard, Johnson, tiW and Tryon. NOES: Mayor Siegel. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey, and passed by the following roll call vote to adopt proposed Resolution #40-90 and set the total FY 1990-91 assessments for the Los Altos Sewer Basin at $201,930.60: AYES: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson, and Tryon. NOES: None. The Council next turned to the Palo Alto Sewer Basin, Item 6.1.1. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey, and passed by the following roll call vote to adopt proposed Resolution #39-90, reducing the proposed overhead charge by 25% and setting the total FY 1990-91 assessments for the Palo Alto Sewer Basin at $212,743.25. AYES: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson, and Tryon. 411/ NOES: None. 6.2 Lands of Finn, 24880 Prospect Avenue, Appeal of the Planning Commission approval of a Site Development Permit (for Upper Driveway Improvements). Due to a potential conflict of interest Councilmember Seigel excused himself from action on this item. Mayor Pro-tern Hubbard assumed the role of chair of the meeting. Council disclosures were as follows: Councilmembers Johnson, Hubbard and Tryon noted they had visited the site but had not spoken with the applicant. Councilmember Casey noted she had neither visited the site nor spoken with the applicant. The public hearing was opened. Terri McDanial, 10417 Lone Oak Lane, spoke as chair of the Environmental Design Committee and expressed the Committees concern that the tree mitigates the impact of the -4- house and that the driveway relocation could shorten the life of the tree. Peter Duxbury, architect for Mr. Finn, noted that the proposal would not mechanically damage the tree and that changing conditions relative to the root structure would be addressed by the arborist's recommendations. Steve Finn, 24880 Prospect Avenue, assured the Council that he was working very hard to save the tree and that he believes that the recommendations made by the arborist are adequate to ensure the tree lives another 75 years. ** See Below. The public hearing was closed. The Council discussed this item at length. The Council reviewed and discussed the conditions included in the Site Development Permit relative to the preservation of the tree. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson, and passed unanimously to deny the appeal of the upper driveway portion of the Site Development Permit. 4111/ AYES: Meyer-Pu t....i-ILLLard and (AMENDED BY COUNCIL 9/5/90) Councilmembers Casey, Johnson, and Tryon. NOES: N.A.. Mayor Pro Tan Hubbard ABSTAIN: Mayor Siegel 6.3 Lands of Ryuo, 12788 La Cresta Drive, Appeal of the Site Development Committee Decision. Council disclosures were as follows: Mayor Seigel and Councilmembers Tryon, Hubbard, and Johnson noted that they had visited the Site and had not spoken with the applicant. Councilmember Casey had neither visited the Site nor spoken with the applicant. The public hearing was opened. Vince Battaglia, 12838 La Cresta, noted his opposition to this proposed residence explaining that it did not fit in with the neighborhood. ** Mrs. Judy Carico, Planning Camiissioner, expressed concern that the approval of the driveway relocation put the oak tree in jeopardy. (AMENDED BY COUNCIL 9/5/90) -5 - Jackie Seigel, 12800 La Cresta, outlined her concerns with the destruction of the view of the ridgeline from Fremont Road. Mr. Burger, 12805 La Cresta, expressed his opposition to the house noting it is not in keeping with the neighborhood. Joe Mocelin, representing the applicants, explained that the only change that had been made to the design was to decrease the parapet height by three feet. He further explained that the house is in the best location on the site considering the geotechnical constraints of the soils. He noted his concern that to step the house down the hill would actually make it appear larger and be more obtrusive. The public hearing was closed. including Casey Several Councilmembers /discussed their concerns that the house was actually a redesign from what the Commission sitting for Site Development had seen and noted that it should be sent back to them for review. =They*further noted concern that the *Other Counci: materials of the house were not in keeping with the metiers neighborhood and the design should be reduced to one story. ODUN(AMENDED BY Cie MOTION SECONDED AND PASSED: Moved by Johnson, 9/5/90) seconded by Casey, and passed unanimously to deny this appeal and send this house back to the full Planning Commission for review. AYES: Mayor Seigel and Councilmembers Johnson, Casey,Tryon and Hubbard. NOES: None ABSTAIN: None 6.4 Lands of Paulnock, 13151 Cumbra Vista Court, Appeal of the Planning Commission Denial of a Fence Height/Setback Variances. Council disclosures were as follows: Mayor Seigel and Councilmembers Tryon and Hubbard indicated they had visited the site and had no contact with the applicant. Councilmember Johnson noted that he had visited the site and had spoken with and written a letter to an opponent ` of the project clarifying that he had taken no previous action on �r this application. Councilmember Casey noted that she had -6 - driven by the site and had had brief contact with the applicant at 460 a Planning Commission meeting. The public hearing was opened. Larry DeCarlo, 13117 La Barranca, indicated he had no objections to the granting of this variance. Shawn Gorman, indicated he had no objection to the fence noting that the landscaping would eventually fill in and mitigate the fence. Russell Paulnock, 13151 Cumbra Vista Court, explained that he and his wife are avid gardeners and they are having trouble keeping the deer from destroying their garden and the woodland scene he is working to create in his back yard. He noted that in his contract with Sears Fence Company it was agreed that they would get whatever permits were required and they did not carry through on that commitment. He further explained that he has a permit to construct a 4.5 foot fence but that would not help him with the deer problem since they can jump a fence of that height. In response to a question from the Council, Mr. Paulnock explained that he was willing to landscape the fence but did not want to put that landscaping on the right-of-way side of the fence related to the difficulty of maintaining it. Steven Pahl, 27431 Black Mountain Road, expressed his concern that the fence ordinance needed to be reviewed, particularly relative to deer fencing. The public hearing was closed. The Council discussed this item noting their concerns that the fence be landscaped to mitigate its appearance. Councilmember Johnson expressed his concern that the findings proposed by staff did not adequately address what unique situation existed on this property necessitating the variance. MOTION SECONDED AND PASSED: Moved by Seigel, seconded by Hubbard, and approved by the following roll call vote the requested variance, noting the following findings and conditions: Cr -7 - Findings: 411/ 1.) The existing condition of this property — being surrounded on three sides with right-of-way — constitutes an exceptional condition not anticipated by the Code and deprives this property owner of the full enjoyment of their rear yard area by requiring a six-foot fence to be setback 20 feet, thereby limiting the usable/defensible rear yard area. Most other Town residents are not impacted by rear yard fence setbacks and therefore have full privileges to enclose, protect, and privatize their rear yards with six-foot fences. 2.) This property owner will not be granted privileges not enjoyed by other Town residents in that most other property owners may place a six-foot fence on the property line to enclose, protect, and privatize their rear yard area. 3.) The granting of this variance will not be detrimental to the public welfare in that corner sight lines are not obstructed and no other safety concern relative to a fence in this location has been noted. 4.) Fences are a permitted structure type in the R-A zone. `r Therefore, this variance will not allow a use or activity not expressly authorized by the Zoning District regulations. Conditions: 1.) The fence at the corner of Cumbra Vista and Elena and along the Cumbra Vista frontage shall be moved back to comply with the required 20-foot setback. 2.) The fence shall be painted black to reduce its reflectivity and make the fence less obvious by allowing it to better blend with the natural environment. 3.) Mr. and Mrs. Paulnock shall sign a letter of agreement with the Town to paint the fence within 45 days and to plant the fence with either a climbing vine or fast growing drought tolerant shrub planting (permitted to be planted on the property side of the fence) and to maintain that planting for two years. If the planting is not well established by the end of two years or the fence has not been painted within 45 days the Paulnocks agree that this work may be done by the City and the costs will be a lien on the property. �y -g - AYES: Mayor Seigel and Councilmembers Hubbard ` and Casey. NOES: Councilmember Johnson ABSTAIN: Councilmember Tryon 7. UNFINISHED BUSINESS 7.1 Sewer Encroachment Permit, Lands of the Town of Los Altos Hills, Requested by De Anza Properties. This request was withdrawn by the applicant prior to the meeting . 8. NEW BUSINESS 8.1 County Referrals 8.1a Request to Confirm Compliance with the Town's General Plan for a Two-lot Subdivision in the County, Lands of Campi, 10696 Mora Drive. By consensus the Council agreed to forward the following `, comment to the County relative to this application: "Los Altos Hills requires one acre slope-density but does not object to the use of County lot sizes of one acre or more for this case." B.Ib Request for Grading Permit for a Tennis Court and Swimming Pool and a Variance for a Tennis Court Fence on a Parcel Contiguous with the Town Limit Boundary, Lands of Miller, 23921 Ravensbury. By consensus the Council agreed to indicate to the County Planning Office "No comment" on this application. 8.2 Appointments of Councilmembers as Members of or Liaison to Certain Outside Groups There being no interest, there was no appointment to or recommendation for the IGC Solid Waste Committee. The Council was unclear as to what action should or could be taken for an appointment to the North County Library Association. With the consensus of the Council, the Mayor appointed Councilmember Casey as representative on the Los Altos Senior -9 - Coordinating Council. The Mayor continued until the budget session any decision on a voting delegate to the League of Cities Annual Conference. The Council agreed by consensus to continue past 11:30 p.m. Upon the request of staff, the Council decided by consensus to add as an urgency item the creation of a subcommittee to address remaining issues on the McCulloch Subdivision. Staff requested this action in order to be able to continue to process the pending final map on a timely basis and ensure that all issues were addressed prior to the applicant's request for approval of his final map. With the consensus of the Council, the Mayor appointed Councilmember Johnson to join him on the subcommittee. 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES There being no other items, Item 4.6a was addressed at this time. 4.6a Approval of a Variance to Allow a Fence on the Right-of-way Side of the Reference Line, Lands of Vancheri, 25333 La Loma Drive Dot Schreiner, 14301 Saddle Mountain Drive, Chair of the Pathway tbf committee, noted that she and the staff had met at the site and agreed that, because of existing terrain and trees, the proposed location of the fence would not conflict with any future pathway. It was further clarified that what people are currently using as pathway is actually the applicants driveway. There being no further discussion the Council agreed by consensus to concur with the granting of this variance by the Zoning Administrator. 10. STAFF REPORTS 10.1 City Manager 10.1a Pathways and Byrne Preserve The Council decided to have a joint walk in the Preserve with the Planning Commission, Environmental Design and Protection Committee, and Pathways, Recreation, and Parks Committee on September 8, 1990 from 10 a.m. to 12 noon, with lunch. 10.Ib Summary of Site Analysis Process for Lands of Sherlock (Suri), LI. Sherlock Way - 10- 411, This item was continued due to the lateness of the hour. 10.2 City Attorney 10.3 City Clerk 10.3.1 Report on Council Correspondence The City Clerk is to write the Los Altos Senior Coordinating Council notifying them of Councilmember Casey's appointment. The Mayor indicated he would work with Chairman Jones of the Planning Commission towards a joint meeting in October. 11. COUNCIL-INITIATED ITEMS 11.1 Indexing of Municipal Code and Meeting Minutes (Councilmember Johnson) This item was withdrawn at the request of Councilmember Johnson. 411, Councilmember Hubbard reported on the process developed for the representation of the North County cities on the Congestion Management Planning Agency. 12. ADJOURNMENT The Council adjourned to the Budget Study Session at 5:30 p.m., Monday August 13, 1990, in the memory of Carl Ekern, brother of Public Works Director Bill Ekern, noting his many accomplishments and the contributions he made to California as a result of his dedication and devotion to children and others needing help and guidance. Respectfully submitted, Thomas Frutchey Acting City Clerk -11 -