HomeMy WebLinkAbout08/02/1989 L
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, August 2, 1989
Reel 203, Tr. I , Side I, 001-end; Tr. I , Side II , 001-178
Mayor Casey called the Regular Meeting of the City Council to order at
7 : 15 p.m. in the Council Chambers at Town Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Casey and Councilmembers Johnson, Siegel , Tryon
and van Tamelen (arrived at 7 :20 p.m. )
Absent: None
Staff: City Manager Thomas Frutchey, Acting City Attorney David
Schricker, Director of Public Works Bill Ekern, Wilsey &
Ham Engineering Consultants , Jeff Peterson and City Clerk
Pat Dowd
Press: Margo Foster, Los Altos Town Crier
B. REPORT FROM THE PLANNING COMMISSION:
Commissioner Jones reported that at their 7/26/89 Commission meeting
the following items were discussed: Lands of Weiss, File VAR #18-89 -
approved and Lands of Quattrone, request for site development approval
for new residence - denied. Mr. Jones also noted that the Planning
Commission had cancelled their meetings for the month of August and he
inquired whether or not they should receive payment for August since
there were no meetings.
C . CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to add Item 5. request from
Los Altos Fire Department for Council authorization to remove fire
hazards on certain properties as an urgency item
Items Removed: C.1 (Tryon) , C . 3.c (Ekern) and C. 3.d) (Siegel)
C. CONSENT CALENDAR: (continued) :
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously by all members present to approve the balance of
the Consent Calendar, specifically:
2. Approval of Warrants: $77 , 872.41 (7/20/89)
3. Resolutions for Adoption:
a) Resolution #94-89 adopting a filming permit process
b) Resolution #95-89 appointing Chief of Police and Director
of Emergency Services of the Town of Los Altos Hills
4. Actions of the Planning Commmission: approved the following:
a) LANDS OF WEISS, FIEL VAR #18-89, 13208 E. Sunset Drive,
request for variance for addition to an existing house
5. Request from Los Altos Fire Department for Council authorization
to remove fire hazards on certain properties within the Town
Councilmember van Tamelen arrived.
Items Removed:
1. Approval of Minutes: July 19, 1989
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to approve the minutes of the July 19, 1989 City
Council Meeting with the following corrections: page 6 , Item E, first
paragraph, delete 'on behalf of the Amalgamated Transit Union' ; page
9, Item F. 5, last paragraph, 'site' should be changed to ' sight ' ; page
11, Item I, first paragraph, 'Responsible Organized Motor Pedalers '
should be changed to 'Responsible Organized Mountain Pedalers ' ; and
page 11, Item I.2.b) 'van Tamelen' should be changed to 'Tryon' .
2. Resolution # awarding a contract for the 1989 Pavement
Management Road Improvements
The Director of Public Works advised Council that four bids had been
received for the 1989 Pavement Management Road Improvements Project.
The low bid had been received from Roma Construction Corporation in
the amount of $214 , 363.90 and the documents before Council awarded the
contract to Roma Construction.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and
passed unanimously to adopt Resolution #96-89 awarding a contract for
the 1989 Pavement Management Road Improvements (Roma Contruction) .
2- 8/2/89
C. CONSENT CALENDAR: (continued) :
3. Resolution # approving and authorizing execution of agreement
between the Town of Los Altos Hills and Brian Kangas Foulk
Siegel asked about the issue of conflict of interest and was advised
that Cynthia would not be involved in any projects which Brian Kangas
Foulk had with the Town. It was further noted that the charges for
Brian Kangas Foulk would be shown separately on the consent calendar.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
passed unanimously to adopt Resolution #97-89 approving and
authorizing execution of an agreement between the Town of Los Altos
Hills and Brian Kangas Foulk.
D. PRESENTATIONS FROM THE FLOOR CONCERNING SUBJECTS NOT ON THE AGENDA:
Mr. Safwat Malek, architect, commented on the following two issues:
ridgeline sights and lot unit factors of less than .5. Mr. Malek noted
that these matters were not clearly defined and suggested that the
lots in Town that fall into these categories be clearly identified. He
noted that it they weren' t, it was time consuming and expensive for
his clients.
Mrs . Judy Carico, 25311 O'Keefe, reported that she had received
information on ridgelines from Saratoga, Los Gatos, Woodside and
Portola Valley.
Mayor Casey stated that she had two corrections to make regarding
comments made at the last Council Meeting. The first concerned Mrs.
Emling' s comments about the Mayor' s statement on abortion. At the
meeting, Mayor Casey had stated that she had not made any comments on
abortion. After the meeting, however, she had recalled that she had
participated in a telephone poll on abortion. The other issue
concerned Councilmember van Tamelen's comments that all the
Commissioners had contacted her in support of Lee Patmore. Mayor Casey
stated that she had heard from three commissioners who had stated that
they had not contacted Councilmember van Tamelen on this matter.
E. PUBLIC HEARINGS:
1. LANDS OF LOCONTE, FILE TM #1-89, 28140 Story Hill Lane:
a) Public Hearing on request for negative declaration and
tentative map approval for a two-lot subdivision --
Resolution approving tentative map of the Lands of
LoConte
3- 8/2/89
thlir E. PUBLIC HEARINGS: (continued) :
b) Resolution # declaring the intention of said Town
to vacate and abandon a portion of a certain open space
conservation easement under the provisions of the ' Public
Streets , Highways and Service Easements Vacation Law' ,
Section 8300, et seq. , of the Streets and Highways Code
of California
Council had before them the Director of Public Works ' staff report
dated 7/27/89 which included the recommendation that the tentative map
for the Lands of LoConte be approved, subject to the recommended
conditions of approval. The staff report further addressed the two
critical issues of this subdivision, specifically the abandonment of
the conservation easements and drainage.
Councilmembers expressed their concerns about the abandonment of the
conservation easements and the drainage issue. van Tamelen
particularly noted that when this property was originally subdivided
the conservation easements were carefully agreed upon as development
requirements for the land and she had serious concerns about now
abandoning them. She further inquired about the drainage plan which
was required at the time of the earlier subdivision and asked if it
had been successful .
Mr. LoConte, applicant, presented background information on the
property under discussion, noting that originally it had been a quarry
site. Regarding the drainage issue, he had spoken with the City of
Palo Alto (a culvert runs from Palo Alto onto the property) and they
plan to do a study within the next year on drainage. At this time Palo
Alto contends that the pipe is adequate so he is unable to remove it
but it will be cleared. Mr. LoConte further noted that the pad
elevation was 485 and the road elevation was 480; therefore, it was
impossible for the pad to be flooded.
Ms. Pat Webb, Brian Kangas Foulk, noted that they had researched why
the flood plane designation had been placed on the property. After
their research, it was determined that although thorough geotechnical
study and drainage analysis would be needed, the property did not
require a flood plane designation.
Mr. Peter Anderson, Pacific Geotechnical Engineering, reported that
the property was listed as Zone A which was the highest seismic
stability. It was geotechnically and geologically feasible to
subdivide this land.
-4- 8/2/89
E. PUBLIC HEARINGS : (continued) :
Mr. Melgar, Brian Kangas Foulk, presented the following findings and
proposed improvements to the Council . The findings were: 1) the size
of pipe on Story Lane was adequate; 2) the 21" pipe from Palo Alto was
under dimension; and 3) the increment to runoff from the project was
practically non-existent. The proposed improvements were: 1) the
entrance to the 48" pipe will be enlarged; 2) the retention pond will
be built behind the old dam; 3) rock line channel will convey water
and 4) the 21" pipe from Palo Alto will be increased to 42" . In
addition he commented that nothing needed to be done to protect the
homesite on the property. In response to an inquiry about the increase
to the size of the pipe, Mr. Melgar noted that if the pipe were
enlarged, it would be desirable; however, if it were not, the
retention basin would handle the water.
Mr. Philip Dauber, 27930 Roble Alto, noted that the pathway was being
moved and was advised by staff that this was at the request of the
Pathways , Recreation and Parks Committee. Mr. Dauber asked the path
be desigated for all uses on the map.
Mr. David Schricker, Acting City Attorney, in response to an inquiry
from Councilmember van Tamelen, noted that a hold harmless agreement
could be made part of the conditions of approval of the tentative map.
In response to another inquiry, however, he questioned whether it
41/ would be legally supportable to restrict further subdivision on lot
#1. Concerning the drainage issue, Mr. Schricker questioned the facts
that had been presented about size of pipes, etc. and suggested
Council may want to reexamine these facts. If desired, a statement
could be placed on the map that the property was subject to flooding.
Mr. David Byars, applicant ' s attorney, asked for clarification of the
hold harmless issue raised during the conversation.
Council discussed the various issues before them and the need for
clarification of several of the facts raised. Regarding the timeframe
for the applicant if this item were continued, it was noted that the
hearing on the tentative map could be continued for more information
to the next Council meeting and the hearing on the abandonment of the
conservation easements could be scheduled for the same meeting.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen
and passed unanimously to continue the public hearing on Lands of
LoConte request for negative declaration and tentative map approval
for a two lot subdivision to the next Council meeting scheduled for
September 6, 1989.
-5- 8/2/89
E. PUBLIC HEARINGS (continued) :
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to adopt Resolution #98-89 declaring the
intention of said Town to vacate and abandon a portion of a certain
open space conservation easement under the provisions of the ' Public
Streets, Highways and Service Easements Vacation Law' , Section 8300,
et seq. , of the Streets and Highways Code of California
2. LANDS OF HANSEN, FILE VAR #16-89, 14199 Amherst Court, appeal of
Planning Commission's denial of request for a variance, site
development permit and conditional development permit for a new
residence in excess of the allowed maximum development area and
maximum floor area
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to concur with the applicant ' s request to continue
this public hearing to the September 6 , 1989 Council Meeting.
3 . LANDS OF HAO, Lot #4 -- Middle Fork Lane, appeal of Planning
Commission's denial of request for site development permit for a
new residence
The Director of Public Works referred to his staff report dated
7/27/89 which included the following comment: 'The Planning
Commission, by a 4-3 vote, denied the Hao's request for a site
development permit to construct a new residence on Middle Fork Lane.
The majority of the Planning Commission believed that the site
selected for the new residence was a ridgeline and the proposed two
story structure was inappropriate to the site.
Mr. Hao, applicant, explained to the Council that he had spent a lot
of time to conform to the ordinances in the design of his home. He
understood the Planning Commission had denied his request based on a
two story home on the ridgeline; however, there would be less than
one-third on the second story as proposed in his plans. Mr. Hao
further stated that once his home was built no one would be able to
see it from the major roads. He stressed that he had made an
investment of time, energy, emotion and money in this project and it
had been a major hardship for his family.
Mr. Mark Sandoval, applicant's designer, presented slides and a model
of the project. He stated that he had not been aware of the
controversy surrounding this project and further noted that he did not
understand what the difference was between building a 27 ' single
story house, which they could do, and the proposed 23' two story house
which was not allowed. He did not believe there was any visual impact
and stated that the proposed colors of the project blended in with the
rural neighborhood.
41110
6- 8/2/89
thlt E. PUBLIC HEARINGS: (continued) :
Mr. Don Brandeau, applicant's landscape architect, explained the
proposed landscape plan which mainly addressed screening by using
natural trees.
Mr. Carry Sheedy, 13456 South Fork Lane, addressed the Council as a
representative of Mr. and Mrs. Wallace Stegner who had lived in the
Town for 45 years. He noted the Stegners ' concern over the excessive
development in the neighborhood and urged the Council ' s support of the
Planning Commission' s denial of the project. Mr. Sheedy further
supported the concept of notifying more neighbors than those within
300 ' of a project.
Mr. Safwat Malek, Los Altos , commented on the issue of property
rights. Everyone had their own property rights and it was irrelevant
how long someone lived on a particular piece of property.
Mr. Paul Reneau, 13149 Byrd Lane, stated that the spec house already
being built in the neighborhood was a monstrosity and also expressed
his serious concerns that the house under discussion at this hearing
was to be built on fill.
Mr. and Mrs. Frank Quattrone, San Carlos, commented that they owned
the lot next to the Hao' s and they also were proposing a two story
41111, house. They had no objections to the Hao' s project and believed that
it was in keeping with the homes in the immediate neighborhood. It
had appeared to them from the results of the Community Survey that the
residents supported the 27 ' height and 4-6,000 square foot guidelines
but did note that there could be more specific guidelines as to what
was a ridgeline.
Mrs. Mary Stutz, Planning Commissioner, stated that the Commission did
not see the model of the project and she believed it should go back to
the Commission for reconsideration. The project is on a hillside and a
ridge and she would like to have Mr. Hao go on record that he was not
building it as a spec house.
Mrs. Judy Carico, Planning Commissioner, noted that several parts of
the presentation being made to the Council had not been seen by the
Commission. She noted that she had been involved in Town activities
for 24 years and she strongly believed in the intent of the
ordinances . Mrs. Carico further commented on how other neighboring
communities addressed the issue of ridgelines.
Mr. Jim McVernon, 13147 Byrd Lane, noted that he had lived in Town for
twenty years and stated that he was aware of the controversy
surrounding each new development in his neighborhood. He urged the
Council to support the Planning Commission's decision.
7- 8/2/89
fir E. PUBLIC HEARINGS: (continued) :
Mrs. Carol Phy, 25616 Moody Road, supported the protection of the
ridgeline for the good of the community.
Tryon referred to the Town's ordinances and the understanding that
there would not be two story houses on ridgelines. She could find no
reason to overrule the Planning Commission's denial of the Hao
project. Siegel and van Tamelen concurred with Tryon. This was an
important ridgeline in Town and any house built on it could be seen by
many homes in Town. Johnson commented that the ordinance referring to
ridgelines did seem to be imprecise and should perhaps be reviewed and
clarified. In response to the references to the two story homes in the
neighborhood under discussion, Johnson noted that they were built a
long time ago and the ordinances now in place needed to be followed.
Casey noted that while the protection of the ridgelines was important
so was the low profile issue. She believed this project was low
profile, was compatible with the neighborhood and followed the intent
of the ordinance. It seemed to her that in all fairness to the
applicant if this lot or any others in this subdivision were going to
be specifically restricted, these restrictions should have been placed
on the lots at the time of subdivision.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed by the following roll call vote to deny the appeal of the
Planning Commission' s denial of request for site development permit
for a new residence on Lot #4, Middle Fork Lane based on the findings
that the conditions set forth in Section 10-2.701 of the Municipal
Code were not met and the applicant had not taken into consideration
the special sensitivity of the neighborhood.
AYES: Councilmembers Johnson, Siegel, Tryon and van Tamelen
NOES: Mayor Casey
4. Ordinance # amending Chapter 1 of Title 10 of the Los Altos
Hills Municipal Code entitled ' Zoning Law of the Town of Los Altos
Hills ' and concerning adoption of proposed negative declaration
(secondary dwellings; definitions of structures, minor structures
and ornamental garden structures and amending requirments for off-
street parking facilities) (FIRST READING)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to continue this public hearing to the
September 6 , 1989 Council Meeting.
F. OLD BUSINESS:
1. Resolution # requesting the Tax Collector of the County of
Santa Clara to levy certain charges against real properties
(weed abatement)
8- 8/2/89
ihr F. OLD BUSINESS: (continued) :
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to adopt Resolution 99-89 requesting the Tax
Collector of the County of Santa Clara to levy certain charges against
real properties .
G. NEW BUSINESS:
1. Resolution # certifying the environmental impact report for the
Santa Clara County Hazardous Waste Management Plan and approving
the Plan.
Mrs . Judy Carico, 25311 O'Keefe, asked if the Town would be making any
comments to the Board of Supervisors on the issue of transporting
hazardous materials on I8280. The Director of Public Works noted that
the Town really was not in a position to comment on this matter as it
was a state freeway and Siegel noted that it was certainly preferable
to using the side streets throughout the Town.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
passed unanimously to adopt Resolution #100-89 certifying the
environmental impact report for the Santa Clara County Hazardous Waste
Management Plan and approving the Plan.
2. Request from Mr. Grey, 25044 La Loma Drive, for adjustment of a
penalty assessment of the fee for site and architectural review
for the relocation of his driveway
Council had before them the City Manager' s report dated 7/28/89 which
included the background information on the Greys ' modifications to
their driveway alignment. According to the report, this work involved
extensive grading and had been done without a permit. Upon receipt of a
stop work order, Mr. Grey applied for the appropriate permits and the
work had been completed in a satisfactory manner.
Mr. Richard Grey, 25044 La Loma Drive, addressed the Council and
explained the process he had undertaken to relocate his driveway. He
had lived at this address for a long time and proceeded with the
project with plans that had been in existence for several years. It
had been a confusing situation and he had attempted to bring the
project to a satisfactory conclusion within the framework of the
planning process .
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Tryon and
passed unanimously to require Mr. Grey to pay a $90.00 fee and a
$90.00 penalty.
4
9- 8/2/89
H. OTHER BUSINESS:
1. Reports from Standing Committees:
Council noted that according to the resolution concerning the
committees, each committee should either elect or reappoint their
chairmen each July. Council asked that the Standing Committees be
contacted regarding the status of their chairmen.
2. Reports from Ad Hoc Committees :
I . STAFF REPORTS:
1. City Manager:
The City Manager noted that he had received a letter from Westwind
Barn concerning their Hoedown on September 9 , 1989 and asked that
Council place this on the agenda as an urgency item.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to add the requests from Westwind Barn concerning
their hoedown to the agenda as an urgency item.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen
and passed unanimously to grant the requests from Westwind Barn to
hold a hoedown on September 9, 1989 and to display their hoedown
banner on the barn roof .
2. City Attorney:
3. City Clerk:
a) Report on Council Correspondence dated 7/27/89
4. Council Business:
a) Request for authorization to attend the League
of California Cities Conference (San Francisco -
October, 1989)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to authorize attendance at the League of
California Cities Annual Conference for any Councilmember who wishes
to attend.
b) Confirm September 12, 1989 date for Joint Meeting
with the City Council and the Planning Commission
L
-10- 8/2/89
ihr I . STAFF REPORTS (continued) :
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to confirm September 12, 1989 as the date for the
Joint Meeting with the City Council and the Planning Commission.
c) Request by Councilmember Johnson for authorization
to attend the Regional Leadership Forum (San Jose
State University --- August 17-18 , 1989)
PASSED BY CONSENSUS: To authorize the request from Councilmember
Johnson to attend the Regional Leadership Forum.
d) Casey: Report on Mayors and Councilmembers
Executive Forum -- Monterey, July 1989
Casey commented that a report given at the conference on Conflict of
Interest and the Brown Act had been ordered. Of particular note was
the statement made during the conference that meeting agendas of sub-
committees should be noticed to comply with Brown Act . The City
Manager noted that he had spoken with the City Attorney on this
subject and a report would be prepared for the joint meeting on the
12th.
Tryon commented that she also would like the attorney to report on the
issue of organizations suclr-an-Lithe-1the-Commu,.ityiteattir-Abmse
Ooanett) being subject to the Brown Act if a councilmember served on
the Board and the city financially supported the organization. While
on the subject of L.,.,fiet--of-iut,.sst*, Tryon also noted that it had *Brow'
been brought to her attention that the Mayor had met with Mr. Hao on Act
his site*.*According to the City Attorney' s previous memo on this
subject, all such meetings eherrld-be-*disclosed .rtrierttiteg-Ea—ttro-kmist be
Couee= that-e'e*yene--kiss-Ehe-same-in-fermet en-mai ding
particular project. **before tonight's public hearing. (AMENDED BY NSNCII. 9/6/89)
Casey responded that the City Manager had also been present at the
meeting referred to by Councilmember Tryon and she did not believe
this meeting was an instance of conflict of interest.
5. Presentation from the Floor:
Mrs. Shari Emling, 11853 Murietta Lane, referred to her comments at
the last Council Meeting and stated that she did not believe personal
opinions should be given on issues by Councilmembers. Regarding the
reference to abortion made at the last meeting and earlier in this
meeting, Mrs. Emling understood Mayor Casey to have corrected her
comments from the 7/19/89 meeting to say that she had simply responded
to a telephone poll on the issue. Mrs. Emling however had spoken with
a reporter at the Times Tribune who stated that she had a written
response from the Mayor on the issue, not just a verbal comment. Mrs.
t Emling believed this was a serious misuse of public office, was
fir' deceptive and she firmly stated that she wanted a public apology from
the Mayor.
-11- 8/2/89
I. STAFF REPORTS: (continued) :
Mrs. Judy Carico, 25311 O'Keefe, stated that she too had spoken with a
reporter from the Times Tribune who noted that he had received a
clipping and comments from the Mayor on the issue of abortion.
Mayor Casey stated that she had been asked for and had given her
personal opinion on the issue of abortion and she did not recall
anything in writing to the paper.
J. ADJOURNMENT:
Tryon requested that the meeting be adjourned in memory of Mrs . Mae
Alquist who had recently passed away. Mrs. Alquist had been a
gracious, lovely woman who had provided strong support over the years
for her husband' s political endeavors. In addition she had made many
contributions to the community such as being a founding member of St.
Mark's Church.
There being no further new or old business to discuss, the City
Council adjourned at 11 :15 p.m. in memory of Mrs. Mae Alquist .
Respectfully submitted,
Patricia Dowd, City Clerk
-12- 8/2/89