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HomeMy WebLinkAbout02/01/2001 Minutes of a Regular Meeting February 1, 2001 Town of Los Altos Hills City Council Regular Meeting Thursday, February 1, 2001, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Finn called the Regular Meeting of the City Council to order at 6:00 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 LA CLOSED SESSION: PUBLIC EMPLOYEE APPOINTMENT: PURSUANT TO GOVERNMENT CODE SECTION 54957: Appointment of Acting City Manager LB REPORT OUT OF CLOSED SESSION The City Council adjourned to a Closed Session regarding personnel at 6:02 p.m. and reconvened at 6:08 p.m. Council returned to open session to report, if necessary, any actions taken. Council reported that Carol Ferrell had been named Acting City Manager, effective immediately. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation on Fluoridation and request for letter of opposition to the SFPUC's consideration of fluoridating all Hetch Hetchy water David Lamar, Citizens for Safe Drinking Water, presented his arguments to the Council against the San Francisco Public Utility.Commission's proposal to fluoridate all Hetch Hetchy water. Mr. Lamar stated that the public is already overdosed on fluoride and the chemicals are not pharmaceutical quality and are not approved by the FDA. Furthermore, alternatives to fluoridation are easily available and a scientific controversy February 1, 2001 Regular City Council Meeting 1 existed about the safety and effectiveness of this 1950s practice. He referred to several studies that had been done on this subject in support of their standing and he urged Council to send a letter to the SFPUC opposing the fluoridation of all Hetch Hetchy water. Maureen Jones, Citizens for Safe Drinking Water, distributed a handout to Council on baby bottle tooth decay not affected by ingested fluoride. Paul Simon, 12271 Windsor Court, opposed the presentation against fluoridation. He believed this was a technical, medical and public health issue. It was his opinion that fluoridation had been proven to be of benefit and he opposed Council writing a letter of opposition. O'Malley supported sending a letter of opposition on this issue. He believed the community was well informed on health issues and he did not support putting additional chemicals in our water. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Casey and passed by the following roll call vote to send a letter to the State and to the Purissima Hills Water District opposing the SFPUC's consideration of fluoridating all Hetch Hetchy water. AYES: Mayor Pro Tem Casey and Councilmembers Fenwick and O'Malley NOES: Mayor Finn ABSTAIN: Councilmember Cheng Cheng stated that she did not feel she was knowledgeable enough about this issue to vote on it. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following items were discussed at the 1/10/01 Planning Commission Meeting: 1) request for renewal of conditional use permit for Congregation Beth Am, 26790 Arastradero Road — recommended approval; and 2) request for a two-lot subdivision, Lands of Micheletti, 26271 Moody Road — recommended approval. The Planning Director further reported that the following items were discussed at the 1/24/01 Planning Commission Meeting: 1) request for a site development permit for a new residence, Lands of Chan, 27413 Deer Springs Way — approved; and 2) request for a site development permit for a new residence, Lands of Vasudevan, 13428 Carillo Lane—continued. This item has been appealed by Mayor Pro Tem Casey and will be heard at the February 15th Council Meeting. The Planning Director also noted that the Commission discussed the basement ordinance and will be discussing it again at their February 14th meeting. This ordinance should be coming to February 1, 2001 Regular City Council Meeting 2 Council for review at their first or second meeting in March and there will be a Town- wide mailing on the proposed ordinance before the public hearing. Council encouraged the Planning Commission to move forward quickly on this issue as applicants were waiting for a decision. 4. CONSENT CALENDAR Item Removed: 4.1 — 1/4/01 minutes (Casey) MOTION SECONDED AND CARRIED: Moved by Cheng, seconded by Finn and passed unanimously to approve the balance of the Consent Calendar: 4.1 Approved Minutes: January 9, 2001 (Special Meeting) 4.2 Approved Warrants: $100,640.67 (1/1/01 - 1/23/01) 4.3 Issued Certificate of Appreciation: Michael Duffy, Safety Committee 4.4 Concurred with response to request from Governor's Office for energy reduction 4.5 Concurred with Fast Track Application approved by Planning Director: Lands of Mason, 26885 Ortega Drive: site development permit for additions and new second story 4.6 Concurred with Fast Track Application approved by Planning Director: Lands of Zatparvar, 10285 Magdalena Avenue: site development permit for a new residence with pool and cabana 4.7 Adopted resolution appointing an Acting City Manager and authorizing out- of class pay for a Town employee serving as the Acting City Manager -- Reso #4-01 Item Removed: 4.1 Approval of Minutes: January 3, 2001 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed unanimously to approve the minutes of the January 4, 2001 Regular City Council Meeting with the following corrections: page 2, Item 2, insert the following paragraph before the motion: `Voting forms were distributed to Council and Ken Olcott received the majority of Council votes for the position on the Pathways Committee. The following motion was made reflecting this majority vote.'; page 10, Item 11.1, second paragaph, change 35 feet to 20 feet and in the motion change 30 feet to 20 feet; and on February 1, 2001 Regular City Council Meeting 3 page 12, first paragraph, change the second sentence to read: `Constrained lots are parcels which, due to their small size (less than one acre) and those lots greater than one acre with slopes greater than 10% have reduced maximum floor area and maximum development area.' 5. UNFINISHED BUSINESS 5.1 Introduction of ordinance amending Section 2-2.102 (members) of Article 1 (Planning Commission) of Chapter 2 (Commissions and Boards) of Title 2 (Administration) of the Los Altos Hills Municipal Code (FIRST READING) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to introduce an 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. AYES: Mayor Finn and Councilmembers Casey, Cheng and Fenwick NOES: Councilmember O'Malley O'Malley reiterated his concerns about two commissioners being able to approve variances. • 5.2 Introduction 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 (FIRST READING) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to introduce an ordinance adding Section 6-4.504 (Sewer Improvement Agreement; Retroactive) to Article 5 (Sewer Improvement Reimbursement) of Chapter 4 (sewage) of Title 6 (santitation and health) of the Los Altos Hills Municipal Code AYES: Mayor Pro Tem Casey and Councilmembers Cheng, Fenwick and O'Malley NOES: Mayor Finn Finn voted no as he believed there could be a conflict with those connecting onto his sewer. 5.3 Approval of Town Wide Survey PASSED BY CONSENSUS: To make the following changes to the proposed survey: Question 2: add `Other. Please State'; Question 3: delete `neutral' and add `Other. Please State'; Question 10: add c) `Outdoor lighting should not be regulated.' with the same February 1, 2001 Regular City Council Meeting 4 options — disagree, etc.; Question 12: delete; Question 15: add k) sponsor a program to implement comprehensive Town-wide drainage plan; and Question 21: delete. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to approve the Town-wide survey as presented by the Planning Director and amended by Council and to further determine that the distribution would be one survey per household. 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Valley Transportation Authority, Library Joint Powers Authority and Los Altos Hills Parks and Recreation Committee Cheng stated that she had attended meetings of the above agencies and committees. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.3 - City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL-INITIATED ITEMS 9.1 Appointment of Town Committee to study slope density formula (LUF) which determines allowable floor area and development area(Mayor Finn) Finn recommended the establishment of a Council Committee to study and review the slope density formula, its origins and its present applicability and to report back to the Council at their April 19th Council Meeting. This committee could either make a unanimous recommendation to the Council or offer differing viewpoints on the issue. Luis Yanez, 26879 Moody Road, supported the review of the slope density formula but recommended that Art Lachenbruch who was involved in the establishment of this formula be included on the committee. • February 1, 2001 Regular City Council Meeting 5 • PASSED BY CONSENSUS: Council appointed the following to a Council Committee to study and review the slope density formula: Jim Abraham (Chairman), John Chu, Carl Clement, Charlene Geers, Ron Haley, John Harpootlian and Dot Schreiner. This committee will make a recommendation on the slope density formula to a Joint Meeting of the City Council and Planning Commission in April. Council will then hold one or two public hearings on the slope density formula issue possibly at Bullis School. Council also authorized coverage of appropriate expenditures as needed by this committee. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a 1,528 square foot bunker/wine cellar, Lands of Campi, 14190 Baleri Ranch Road William Maston, project architect, noted that the Planning Commission had denied their project because they did not believed they had adequate direction from Council on the issue of basements that are not directly underneath an existing structure. While he understood their concerns he believed their project met current ordinances and deserved approval by the Council. Mr. Maston also referred to a recommended set of guidelines he had prepared on the issue of basements and he urged Council to consider them when reviewing the basement ordinance. He believed basements should be encouraged in • Town with more defined guidelines to lead to more creative solutions in meeting residents' space needs while reducing massing and impacts of visible structures. Casey stated that she saw no reason to deny this application which met all the current ordinances. She also appreciated Mr. Maston's recommended guidelines on this issue. Cheng concurred with Casey noting that this basement was not visible from off site. 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 1,528 square foot bunker/wine celler, Lands of Campi, 14190 Baleri Ranch Road AYES: Mayor Finn and Councilmembers Casey and Cheng NOES: Councilmembers Fenwick and O'Malley 11.2 Request for a two-lot subdivision and proposed negative declaration, Lands of Micheletti, 26271 Moody Road Mark Micheletti, applicant, stated that he agreed with the proposed conditions of approval. Casey referred to condition #5 and recommended that `open fencing' include chain link fencing so that the applicant could protect his property. Casey asked the applicant if he • agreed with this recommendation. February 1, 2001 Regular City Council Meeting 6 • Mr. Micheletti, applicant, agreed with the proposed change to the conditions. pp p MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Fenwick and passed by the following roll call vote to approve the request for a two-lot subdivison and proposed negative declaration, Lands of Micheletti, 26271 Moody Road, based on the conditions of approval as recommended by the Planning Commission with the amendment to condition#5 stating that open fencing included chain link fencing. AYES: Mayor Finn and Councilmembers Casey, Cheng and Fenwick NOES: Councilmember O'Malley 11.3 Request for a conditional use permit renewal allowing the use of the subject property as a religious institution and for related religious educational activities and social functions, Lands of Congregation Beth Am, 26790 Arastradero Road Mr. Ric Rudman, representing Congregation Beth Am, noted that they concurred with the conditions of approval for extension of their conditional use permit. He noted that they had bene working with the Los Altos Garbage Company on getting their pickups before 8:00 a.m. and he had also ordered the trees for landscape screening and they should be planted by the end of February. • MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to approve the request for a conditional use permit renewal allowing the use of the subject property as a religious institution and for related religious educational activities and social functions, Lands of Congregation Beth Am, 26790 Arastradero Road. 11.4 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) The Planning Director reviewed the changes to the ordinance as proposed by Council at their 1/4/01 Meeting. These changes included amending the zoning ordinance to increase the proposed minimum maximum floor area (for lots with a lot unit factor greater than .50) from 4,000 square feet to 5,000 square feet and to increase the proposed minimum maximum development area (for lots with a lot unit factor greater than .50) from 5,000 square feet to 7,500 square feet. Council further agreed to determine the allowable floor area on conditional development permit lots based on a formula which relates the lot unit factor to the 5,000 square foot limit, without requiring a variance; to determine the allowable development area on conditional development permit lots based on the allowable floor area plus 2,100 square feet; and to allow the Planning Commission to grant up to 2,500 square feet of maximum floor area for any conditional • development permit lot without requiring a variance. February 1, 2001 Regular City Council Meeting 7 • 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 increa_se of maximum development area to 7,500 square feet would remain the same for both. The following addressed the Council in favor of the proposed changes to the constrained lot ordinance: Jim Abraham, 12831 Viscaino Road; Forest Linebarger, Moody Road; Valerie Lauterbach, 25712 Elena; Scott Macomber, 25980 Vinedo Lane; Ron Haley, 25390 La Rena Lane; Mark Hoopes, 26765 St. Francis Drive; Jack Jia, 12101 Stonebrook Drive; DuBose Montgomery, 27755 Central Drive; John Hall, 25850 Westwind Way; Luis Yanez, 26879 Moody Road; and Craig Lund, 13826 Templeton. They believed the regulations should be simplified and made more equitable. They also believed the technical building codes were much more advanced today than several years ago making development on constrained lots more feasible. The following addressed the Council in support of not changing the constrained lot ordinance: Joan Schlenz, 13551 Paseo del Roble; Sid Hubbard, 25228 La Loma Drive; Dot Schreiner, 14301 Saddle Mountain; Sandra Humphries, 26238 Fremont Road; Stephanie and Robert Munoz, 13460 Robleda Road; Art Lachenbruch, 11820 Buena Vista Drive; and Carol Gottlieb, 24290 Summerhill. They cited the inequities of allowing more development on constrained lots and expressed concern about the displacement of water. They also believed the results of the Town-wide survey should be in before such changes were considered. Careful planning had been undertaken over the years to protect the rural atmosphere of the Town and the goals of the General Plan had been met. John Harpootlian, 26435 Anacapa, suggested both sides compromise on the issue. Casey stated that when the slope density formula was put in place in 1977 it resulted in many homes becoming constrained lots. This proposed ordinance was an attempt to make development more equitable and not require these constrained lots to request variances. Cheng supported changing the constrained lot ordinance and supported the Planning Commission's recommendations. She believed the entire issue needed more study. Cheng thought the numbers being proposed were arbitrary. They may be right but she felt a study should be done on the issue. O'Malley supported the Planning Commission's recommendations. Fenwick supported the proposed changes to the ordinance. He did not believe a committee was going to be able to make a recommendation on the slope density issue which he believed was very complicated. February 1, 2001 Regular City Council Meeting 8 MOTION SECONDED AND CARRIED: Moved by Y Y Casey, seconded b Fenwick and passed by the following roll call vote to continue the first reading of 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 to the next Council Meeting. AYES: Mayor Finn and Councilmembers Casey and Fenwick NOES: Councilmembers Cheng and O'Malley 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 8:50 p.m. Respectfully submitted, Patricia Dowd City Clerk • The minutes of the February 1, 2001 Regular City Council Meeting were approved at the February 15, 2001 Regular City Council Meeting. • February 1, 2001 Regular City Council Meeting 9