Loading...
HomeMy WebLinkAbout02/15/2001 Minutes of a Regular Meeting February 15, 2000 Town of Los Altos Hills City Council Regular Meeting Thursday, February 1, 2000, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER,PLEDGE OF ALLEGIANCE AND ROLL CALL Mayor Finn called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Finn and Councilmembers Casey, Cheng, Fenwick and O'Malley Absent: None Staff: Acting City Manager Carol Ferrell, City Attorney Sandy Sloan, • Planning Director Carl Cahill,Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Liz Cloutman, Los Altos Town Crier MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to add the following urgency item to the agenda: Closed Session: Pursuant to Government Code Section 54957 — Public Employment (City Manager) 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to the Pathways Committee Since there were vacancies on several of the Town Committees, Council directed the City Clerk to advertise for these committee openings and to continue committee appointments to the March 15th Council Meeting. 3. PLANNING COMMISSION REPORT The Planning Director reported on the actions of the Planning Commission at their 2/14/01 meeting: Lands of Chansler, 25700 Deerfield Drive —request for a site development permit and a conditional development permit for an addition February 15, 2001 Regular City Council Meeting 1 -and major remodel; and a variance to exceed the MDA/MFA and to allow additional floor area and development area within the setback— approved. The Planning Director further reported that the Planning Commission had agreed to change their meeting dates to the second and fourth Thursdays of the month beginning in March. The Planning Commission was also requesting a joint meeting with the City Council to discuss issues and concerns. Concerning the Town Survey the Planning Director noted that it was about to be mailed to the Town's residents. A discussion followed on how the tabulation would be done and it was agreed that staff would perform this task. PASSED BY CONSENSUS: Council set April 5th as the date for a joint meeting with the Planning Commission. This joint meeting would take place instead of the regularly scheduled Council Meeting and would begin at 6:00 p.m. Council also scheduled the discussion on the basement ordinance for the March 15th Council Meeting. Casey also asked the Planning Director to remind the Planning Commission that findings needed to be made when they denied a project. 4. CONSENT CALENDAR Items Removed: 4.1 — minutes of 2/1/01 Special and Regular Meeting (Casey and Fenwick) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: February 2, 2001 (Special Meeting) 4.2 Approved Warrants: $224,758.40 (1/24/01 —2/6/01) 4.3 Fast Track Application approved by the Planning Director: Lands of Srivastava/Sinha, 14565 Manuella Road: site development permit for a new residence with pool and spa—concurred with decision 4.4 Adopted resolution approving and authorizing execution of a sanitary sewer reimbursement agreement between the Town of Los Altos Hills and Lands of Olcott—Reso#5-01 Items Removed: 4.1 Approval of Minutes: February 1, 2001 (Special Meeting) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed unanimously to approve the minutes of the February 1, 2001 February 15,2001 Regular City Council Meeting 2 Special City Council Meeting with the following corrections: page 2, Item 3, first paragaph, change next to last sentence to read: "Fenwick offered his home as a location for the parry if its size was limited to newcomers from the past two years, Councilmembers, Planning Commissioners, volunteers and staff." and correct the motion on page 2 to read: ". . . .schedule a newcomers event (including newcomers from the past two years, Councilmembers, Planning Commissioners, volunteers and staff) for Sunday, May 6th . . . .". 4.1 Approval of Minutes: February 1, 2001 (Regular Meeting) MOTION SECONED AND CARRIED: Moved by Casey, seconded by Fenwick and passed unanimously to approve the minutes of the February 2, 2001 Regular City Council Meeting with the following correction: page 8, first paragaph should read as follows: "Casey proposed the following change to make the allowed development on constrained lots more equitable and to close a loophole which had become apparent after the last meeting. She proposed allowing 5,000 square feet of maximum floor area for lots with gross acreage of one acre and a lot unit factor (LUF) of greater than .5 but less than 1. She further proposed that a proportional formula be used for those lots less than one gross acre but with a LUF between .5 and less than 1 set to a minimum maximum floor area range between 5,000 square feet and 4,000 square feet of floor area.. The proposed increase of maximum development area to 7,500 square feet would remain the same for both." 5. UNFINISHED BUSINESS 5.1 Adoption of ordinance amending Section 2-2.102 (members) of Article I (Planning Commission) of Chapter 2 (Commissions and Boards) of Title 2 (Administration) of the Los Altos Hills Municipal Code (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to adopt Ordinance #410 amending Section 2-2.102 (members) of Article I (Planning Commission) of Chapter 2 (Commissions and Boards) of Title 2 (Administration) of the Los Altos Hills Municipal Code. AYES: Mayor Finn and Councilmembers Casey, Cheng and Fenwick NOES: Councilmember O'Malley O'Malley reiterated his concerns about reducing approval power to two Planning Commissioners. February 15, 2001 Regular City Council Meeting 3 5.2 Adoption of ordinance adding Section 6-4.504 (Sewer Improvement Agreement: retroactive) to Article 5 (Sewer. Improvement Reimbursement) of Chapter 4 (sewage) of Title 6 (sanitation and health) of the Los Altos Hills Municipal Code (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by O'Malley and passed unanimously to adopt Ordinance #411 adding Section 6- 4.504 (Sewer Improvement Agreement: retroactive) to Article 5 (Sewer Improvement reimbursement) of Chapter 4 (sewage) of Title 6 (sanitation and health) of the Los Altos Hills Municipal Code 6. NEW BUSINESS 6.1 Request from AT&T Broadband (TCI) for adoption of resolution regarding the transfer of the cable franchise from Pacific Sun Cable Partners to TCI of Pennsylvania (AT&T Broadband) and adoption of a resolution regarding transfer of the ground lease from Pacific Sun Cable Partners to TCI of Pennsylvania—Resolutions# The City Attorney reported that in late January, 2001 AT&T had notified their office that TCI of Pennsylvania intended to purchase the current cable television franchise serving the Town. According to the Town's Code the City Council must consent to the sale, transfer or dispositon of any cable television franchise. David Kinley, President of Sun Country Cable, apologized for their short notice in requesting these transfers from the Town. They were under tight time constraints with TCI Pennsylvania to complete the paperwork needed for this transition. Leslie Fong, representing AT&T, commented on the transfer and noted they were working on the compliance issues. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed unanimously to adopt Resolution #6-01 consenting to the sale and transfer of a non-exclusive cable television franchise from Pacific Sun Cable Partners, L.P. to TCI of Pennsylvania, Inc. and authorizing execution of an assumption agreement and Resolution #7-01 approving and authorizing execution of the ground lease assignment and assumption agreement. 6.2 Approval of Comprehensive Annual Financial Report The Finance Director referred to the Comprehensive Annual Report. (A copy of this report is on file at Town Hall.) In addition to the transmittal letter to the Council,this report included the financial section which had been prepared by February 15, 2001 Regular City Council Meeting 4 the Town's auditing firm, Maze & Associates. In addition to the summary information given in the transmittal letter, the Finance Director referred to following charts which had been prepared for Council's reference: Revenues & Expenditures, General and Capital Funds; General Fund and Capital Fund Revenues by Source; and General Fund and Capital Project Expenditures. These charts were all for the last ten fiscal years. In addition there were charts showing General Fund Expenditures by type and General Fund Balances and Interest Earnings. The Finance Director noted that the Comprehensive Annual Financial Report had been reviewed by the Finance Committee. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by O'Malley and passed unanimously to approve the Comprehensive Annual Financial Report for the year ended 6/30/00. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS OUTSIDE AGENCIES 7.1 Safety Committee 7.1.1 Request for the establishment of a Los Altos Hills Emergency Communications Group • Tom Turner, Chairman of the Safety Committee, and Scott Overstreet, member of the Safety Committee, addressed the Council with their request for the establishment of a separate committee. They explained the need for a separate committee of ham radio operators to deal with the communications issues in the Town. Although some of the members of the Safety Committee were hams they felt that a separate committee comprised of all ham radio operators in the Town and headed by perhaps six or seven members would be the best way to approach an organized focus on emergency issues. The Safety Committee believed that this base pool specifically comprised of ham radio operators would afford the Town a more effective response to emergency situations. PASSED BY CONSENSUS: Council agreed to the establishment of a Los Altos Hills Emergency Communications Committee headed by seven members and comprised of all ham radio operators who wish to be members. The specific charges of this committee shall be prepared by the Safety Committee and brought back to the Council for approval. Maynard Stevenson, member of the Safety Committee, suggested notifying the residents of this emergency network by including an article in the next newsletter. February 15, 2001 Regular City Council Meeting 5 7.2 Utility and Information Systems Committee 7.2.1 Request for funds allocation for the purpose of defining the nature and scope of undergrounding utilities and the multiple benefits thereof Amir Rosenbaum, Chairman of the Utility and Information Systems Committee, presented the committee's request to Council for a fund allocation of$100,000 to engage in contracts to define the nature and scope of undergrounding utilities in the Town. These included $70,000 for a feasibility study on undergrounding, $35,000 for legal and political review and $15,000 for miscellaneous expenses. Council had also received a letter from the Chairman of the Finance Committee stating that the Finance Committee had voted unanimously to support the funding of these studies on undergrounding. Council congratulated the Utility and Information Systems Committee for their hard work in pursuing the objective of undergrounding utilities in the Town. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed unanimously to authorize an expenditure of $100,000 to engage in contracts to define the nature and scope of undergrounding utilities in • the Town. 7.3 Lot Unit Factor(LUF) Committee Jim Abraham, Chairman, reported that their committee had held its first meeting and their next meeting was scheduled for February 16'' at 7:30 p.m. They had defined their mission and were researching what other cities did on this issue. The committee planned on asking the engineering consulting firm and the geologic consulting firm to attend a future meeting to discuss the slope density issue. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Request for letter of support for repeal of California Tax Code Section 98.04 The Finance Director recommended that Council support the proposed legislation that would repeal Section 98.04 of the California Tax Code. This section of the tax code prevented certain cities in Santa Clara County from receiving the minimum property tax allocation afforded all other cities in the State of California. February 15, 2001 Regular City Council Meeting 6 • PASSED BY CONSENSUS: To send a letter supporting the repeal of California Tax Code Section 98.04. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence PASSED BY CONSENSUS: To send letter to the Santa Clara County Board of Supervisors supporting the request from the Pacific Autism Center for Education (PACE) that the Board approve a CDBG (community development block grant) financial commitment that was contingent upon PACE finding an appropriate residential site for a new autistic adult facility. 9. COUNCIL-INITIATED ITEMS 9.1 Clarification of fast track appeal process (Mayor Pro Tem Casey) Casey stated that she did not think it was appropriate for a Councilmember to appeal a staff decision at the fast track level. The process included appeals by either two Planning Commissioners or the applicant. She did not believe the process should be circumvented and she also believed the current ordinance was • ambiguous on this issue. Council and staff discussed the current process and agreed that it did not need to be changed. 9.2 Rescinding the Council vote taken on 1/4/01 to continue the request for a site development permit modification for a basement redesign on Lands of Yanez at 26271 Moody Road until the basement ordinance is reviewed (Mayor Finn) At the 1/4/01 Meeting Council had continued Mr. Yanez' request for site development permit modification for a basement redesign until the basement ordinance had been reviewed. Mr. Yanez was now requesting that his request be scheduled for the March 15th Council Meeting. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by O'Malley and passed unanimously to schedule Mr. Yanez' request for a site development permit modification for a basement for a public hearing on March 15, 2001. 10. PRESENTATIONS FROM THE FLOOR Mr. and Mrs. Jeff Logan, 14250 Berry Hill Lane, requested that Council rescind the condition of approval for a dedicated pathway which was imposed on them February 15, 2001 Regular City Council Meeting 7 • when they went through the building process. Their home is close to the park and ride and this path is behind their property. They have small children and are concerned for safety reasons. Council agreed that they would go out and look at the location of the pathway and this request would be agendized for the March 15th Council Meeting. Jim Abraham, 12831 Viscaino Road, referred to the earlier discussion on cable tv. He questioned whether Sun Country Cable was in compliance with its franchise agreement with the Town and he wanted assurances that AT&T would meet the contractural obligations of the franchise agreement. Mr. Abraham also referred to the large construction job at Fremont and Campo Vista and the parking of construction vehicles along the road and in front of Bullis School. Mr. Abraham was assured that the contractor would be advised that these construction vehicles needed to be parked on the site or off road. 11. PUBLIC HEARINGS 11.1 Introduction of ordinance amending Sections 10-1.5020 and 10- 1.5030 of the Los Altos Hills Municipal Code regarding allowable development area and floor area on constrained lots and adoption of a negative declaration(FIRST READING) • Council had before them the following wording for the proposed changes to the constrained lot ordinance. This wording as put forward by Fenwick was a clarification of the actions taken at the last Council Meeting on this issue: "The allowable development area on any parcel or lot shall not be reduced to less than seven thousand five hundred square feet in any case by application of the provisions of this section, except in the case of parcels or lots which have a lot unit factor of.50 or less. These parcels or lots require a conditional development permit and development area may be restricted below seven thousand five hundred square feet as a condition of the permit. Development area for lots which require a conditional development permit shall not be reduced to less than the maximum floor area allowed by Section 10-1.5030 below,plus 2,100 square feet. The Site Development Authority may approve development area of up to a total of four thousand-five hundred square feet for any lot without requiring a variance, so long as the findings for a conditional development permit are approved. The allowable floor area on any parcel or lot of at least one gross acre and with a LUF of less than 1 but greater than .5 shall not be reduced to less than five thousand square feet. For parcels and lots less than one gross acre in size and with a LUF of less than 1 but greater than .5, the following formula shall apply: MFA= 3000+(gross acreage)x 2000+2000 (LUF-.5)." February 15, 2001 Regular City Council Meeting 8 The following addressed the Council in support of not making these proposed changes to the constrained lot ordinance: Dot Schreiner, 14301 Saddle Mountain; Art Lachenbruch, 11820 Buena Vista; Jim Steiner, 14195 Wild Plum, Joan Schlenz, 13551 Paseo del Roble and Nicholas Dunckel, 12971 Cortez Lane. They urged Council not to approve these changes but to stay with the earlier recommendations from the Planning Commission. It was noted that once such changes were made it would be very difficult to go back and change them again. The suggestion was also made to wait until the LUF (slope density formula) committee had completed their charge to review this issue by mid-April before making any changes. In addition the comment was made to obtain expert advice from such consultants as soils engineers, etc. before making any decisions. The following addressed the Council in support of the proposed changes: Jim Abraham, 12831 Viscaino Road; Luis Yanez, 26879 Moody Road; Mrs. Nina Logan, 14250 Berry Hill; Scott Macomber, 25980 Vinedo Lane; and John Hall, 25850 Westwind Way. They believed the current ordinance was out of date, unreasonable and the Town should move forward by approving the proposed changes before Council at this time. Casey noted that this issue had been studied for over a year and Town-wide mailings had been distributed concerning the public hearings. She believed this was a step in the right direction. Fenwick concurred. Cheng believed that this wording before them tonight was not a clarification but different than what had • been discussed at the last meeting. She believed the ordinance was not logical and more study was needed. O'Malley concurred with the Planning Commission's recommendations on this issue and not with the increases proposed by Councilmembers. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed by the following roll call vote to waive further reading of the ordinance and to introduce an ordinance amending Sections 10-1.5020 and 10- 1.5030 of the Los Altos Hills Municipal Code regarding allowable development area and floor area on constrained lots and adoption of a negative declaration. AYES: Mayor Finn and Councilmembers Casey and Fenwick NOES: Councilmembers Cheng and O'Malley 11.2 Request for a site development permit for a new residence, Lands of Vasudevan, 13428 Carillo Lane The Planning Director reported that this project had been approved at a fast track hearing on 11/28/01 and appealed by the neighbors who cited that this project negatively impacted their view. The Planning Commission heard this appeal on 1/24/01 and continued the application to allow the applicant to work with the neighbor and to reduce the 16 foot height of the proposed house. Mayor Pro Tem Casey appealed this continuance. February 15, 2001 Regular City Council Meeting 9 Mr. Vasudevan, applicant, noted that they had moved into their home in 1994 and planned on living in their new home on the property for a long time. They wanted their application to be an example of an efficient planning process. Although they had a constrained lot they were not asking for any variances. They had worked with the Planning Department and the neighbors. Although they could have built a two story house they were planning on a 16 foot high house with a flat roof. They had had the heights surveyed to confirm the height numbers and they also had had the story poles surveyed. Mr. Cuff, 13418 Carillo Lane, expressed their concerns about the impact this proposed house would have on their property. He stated that it would completely ruin their view and the lighting of the new home would also negatively impact their property. He would agree to the Vasudevans lowering their house by two feet. Robin Kennedy, Mr. Cuff's attorney, stated that her clients were not in disagreement with the Vasudevans building a home within the Town's code. However, the current project would totally eclipse the Cuffs view which they have had for over thirty years. She believed the Vasudevans could lower the house or lower the high basement ceilings. Ms. Kennedy stated that her clients had no options. They supported the Planning Commission's continuance and recommended lowering the house by two feet. Tony Carrasco, applicant's architect, addressed the lighting issue and noted that photo sensitive screening would be used. He also further clarified the grading and height issues. Cindy Cuff, 13418 Carillo Lane, reiterated her father's concerns. She believed this project invaded her parents' privacy and ruined their view. She thought the Town should protect the interests of long term residents and minimize the effects of this project on the current neighbors. Jean McCown, applicant's attorney, clarified the grading and height issues. Jim Abraham, 12831 Viscaino Road, commented that his neighbors had planted pine trees which eventually grew and blocked his view. People had a right to develop on their land even if the neighbors did not like it. The Vasudevans were very much under the allowed development limits and they should be allowed to proceed. DuBose Montgomery, 27464 Altamont, supported the Vasudevan's project. He believed the project met the Town ordinances and they should be allowed to build. O'Malley questioned whether the view corridor should be considered. Casey noted that the Town did not have a view ordinance. She further commented that February 15, 2001 Regular City Council Meeting 10 the view on her property had been impacted by development but the Council could not take away the property rights of others to see that present owners retained their original views. Cheng and Fenwick believed the applicants had done a responsible job of working toward a home that would fit well into the neighborhood and also commented that it was well below the allowed development for the lot. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to approve a site development permit for a new residence with garage for Lands of Vasudevan, 13428 Carillo Lane, subject to the Planning Director's recommended conditions of approval and findings of approval. AYES: Mayor Finn and Councilmembers Casey, Cheng and Fenwick NOES: Councilmember O'Malley 12. CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54957— PUBLIC EMPLOYMENT(City T Manager) The City Council adjourned to a closed session regarding public employment at 9:15 p.m. and reconvened at 9:25 p.m. Council returned to open session to report, if necessary, any actions taken. • 12A. REPORT OUT OF CLOSED SESSION PASSED BY CONSENSUS: To adopt Resolution #8-01 approving and authorizing exection of the City Manager employment agreement between the Town of Los Altos Hills and Maureen Cassingham. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:30 p.m. Respectfully submitted, �� Patricia Dowd City Clerk The minutes of the February 15, 2001 Regular City Council Meeting were approved at the April 5, 2001 Regular City Council Meeting. February 15, 2001 Regular City Council Meeting 11