Loading...
HomeMy WebLinkAbout09/19/2002 Minutes of a Regular Meeting September 19, 2002 Town of Los Altos Hills City Council Regular.Meeting Thursday, September 19, 2002) 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL AND PLEDGE:OF ALLEGIANCE Mayor Fenwick called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Fenwick and Councilmembers Casey, Cheng, Finn and O'Malley. Councilmember Finn participated in the meeting via teleconferencing from Denver. Staff. City Manager Maureen Cassingham, City Attorney Steve Mattas, Planning Director Carl Cahill, City Engineer/Director of • Public Works Mintze Cheng, Administrative Services Director Sarah Joiner and City Clerk Pat Dowd Press: Chuck Carroll, San Jose Mercury News MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to limit the length of time for public comment to three minutes. 2. APPOINTMENTS AND PRESENTATIONS 3.. PLANNING COMMISSION REPORT The Planning Director reported .'on the following items discussed at the 9/12/02 Planning Commission Meeting:. 1) LANDS OF CAMPBELL & LIGETI, 13902 Campo Vista Lane (116-00-ZP-SD-GD); Planning Commission review of unauthorized demolition of historic house, consideration of variance modification or revocation and consideration of a request fora Site Development Permit for a 5,700 square foot new single family residence to be attached to a previously approved 13,690 square foot addition (with basement) and remodel (maximum vertical building height 40 feet) (overall height 50 feet measured from highest ridge to basement pad). The proposed new single family residence is intended to replicate the recently demolished September 19, 2002 Regular City Council Meeting 1 5,700 square foot historic home that was on the property — denied; 2) LANDS OF MALEK, Buena Vista Drive (APN 182-29-061) (52702-TM-ND-GD); A request for approval of a three lot subdivision of 9.47 acres, and proposed mitigated Negative Declaration — recommended approval; 3) LANDS OF HUANG, 27580 Arastradero Road (203-00-TM-ND-GD); .A request to delete the approved subdivision condition requiring conservation easements on the six lot subdivision and instead pay the required park land dedication in lieu fees — continued; 4) LANDS OF PERRELL, 26300 Silent Hills Lane (104-02-ZP-SD-GD); A request for a Site Development Permit for a new residence, a secondary dwelling unit, carriage house, and a cabana— approved; 5) LANDS OF SEIVER, 27869 Saddle Court (47-02-ZP-SD-VAR); A request for a Site Development Permit for a 503 square foot addition(maximum height 30 feet), and a variance to exceed the 27 foot maximum height allowed—continued; 6) LANDS OF ASKARI, 27830 Elena Road (Lot B) (134-02-ZP-SD-GD-VAR); A request for a Site Development Permit for a new residence, and a variance to grade within 10 feet of the property line—approved; 7) LANDS OF BLAIR, 27161 Fremont Road (126-02-TM-ND); A request for approval of a two lot subdivision of 3.07 acres, and re-use of a mitigated Negative Declaration(APN# 175-32-27)—approved; 8) LANDS OF WESTWIND BARN, 27210 Altamont Road (39-02-CUP); A review of the Conditional Use Permit — recommended approval; and 9) LANDS OF KERNS, 11885 & 11888 Francemont Drive (File #130-02-TM-ND-GD): A request for a two- lot subdivision on a 21.34 acre parcel and Negative Declaration(APN# 351-03-013)— recommended approval. 4. CONSENT CALENDAR MOTION SECONED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to approve the Consent Calendar, specifically: 4.1 Approved Minutes: September 5, 2002 It was noted that Councilmember Casey was not present at the September 5; 2002 meeting. 4.2 Approved Warrants:$311,697.19 (8/30/02-9/12/02) 4.3 Issued Certificate of Appreciation:Valori Stitt, Parks & Recreation Committee 4.4 Concurred with Fast Track Application: approved by the Planning Director: Lands of Pfeifer, 10519 Blandor Way: request for a new residence and attached secondary dwelling unit 4.5 Approved request for extension of tentative, map, Lands of Padmanabhan, 27531 Elena Road—Reso#92-02 September 19, 2002 Regular City Council Meeting 2 • 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals (1) Break ground for the new Town Hall,partially funded by donations The second agreement with the architect was approved at the August 15'h Council Meeting. The architectural firm is proceeding to finish the working drawings for the project followed by the prequalification of bidders and award of bid process later this year. The fundraising package is also being put together. (2) Undergrounding of utility wires in Los Altos Hills The decision was made at the 8/1/02 meeting not to put this on the November ballot. This issue will be discussed in the future as a possible ballot item next year. The Mayor will be reintroducing his earlier proposal on undergrounding later this year. (3) Complete the update process for an accurate 2002 master pathway map The Master Path Plan will be going to the Planning Commission on 9/26/02 for public hearing as part of the General Plan amendment process. (4) Consider the possibility of adopting a view ordinance for.the Town Staff is reviewing view ordinances from other cities including Tiburon. 5.2 Adoption of Ordinance amending Section 10-2.1102 of the Los Altos Hills Municipal Code with regard to driveways (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to adopt Ordinance #422 amending Section 10-2.1102 (driveway location and construction) of Article 11 (driveways) of Chapter 2 (site development) of Title 10 (zoning and site development) of the Los Altos Hills Municipal Code. 6. NEW BUSINESS 6.1 Introduction of Ordinance amending certain chapters of the conflict of interest code (FIRST READING) The City Attorney reported that the ordinance before Council on the conflict of interest code brought the current code up-to-date with State requirements. September 19, 2002 Regular City Council Meeting 3 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to introduce an ordinance amending certain chapters of the conflicts of interest code. 6.2 Council Open Space Policy Options The City Attorney presented the following three options for Council's consideration:l) The Council could utilize its zoning and general plan powers by designating public properties as open space - with open space type designations through the General Plan or through zoning overlay districts. This action would require hearings before the Council and CEQA compliance. (This could be effectuated by a Council action or by a vote of the residents (initiative) on a one-time basis, thereby reserving to future councils the ability to make further amendments, or be written to provide subsequent change only with a voter approval.) This option then is for either a zoning overlay or a General Plan amendment. A variable on the initiative would be to go to the residents asking for an advisory vote. This would not be legally binding. 2) The Council could consider utilizing "conservation easements." Conservation easements could be modified subsequently by future councils, if they wanted to. Conservation easements do have some unique aspects to them - in the sense that you generally don't encumber your own property with another easement 3) A third option is looking to the possibility of conveying the property to some kind of third party entity. That could be done with a deed restriction that would require a particular type of use in the future. • The Council would want to consider making specific fmdings associated with that because cities and towns are prohibited by the State Constitution from gifting property without receiving value in return. The Town has to get fair market value. The Town could make findings that will show that there actually is a public purpose behind the conveyance which would impact and probably negate the requirement for getting fair market value back. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Valley Transporation Authority Cheng reported that she had recently attended a meeting of the VTA. Bicycle grant funding had been discussed. i 7.2 Library Joint Powers Authority Cheng reported that recruitment was underway for a new librarian. 7.3 Community Relations Committee September 19, 2002 Regular City Council Meeting 4 • Fenwick reminded everyone that the Newcomers Parry was scheduled for Sunday, September 22nd at Town Hall. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Emergency Preparedness Meeting The City Manager noted that there would be a full house for the Emergency Preparedness Meeting scheduled for October 2nd. The response had been excellent and a future meeting would be held at Bullis. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL-INITIATED ITEMS 10. PRESENTATIONS FROM THE FLOOR • Jim Abraham, 12831 Viscaino Road, suggested imposing a fee for hauling dirt off construction sites. The dump trucks were tearing up the roads. Dan Alexander, 27200 Elena, referred to item 6.2 on the agenda. He noted that a citizens group had submitted ordinance wording which would preclude the selling of open space. He believed this was a politically wise move and if Council adopted such an ordinance it would save the Town from having to go through a ballot measure. Nobuko Cleary, 26410 Silent Hills Lane, stated her oppostion to changing any existing laws regarding open space. She referred to the beautiful open space in Town and noted that she wanted it kept that way. Mark Breier, 26359 Esperanza, commented on a petition signed by 603 residents who supported their alternate design for Town Hall. He said they were planning to talk to everyone in Town. Mr. Breier also reiterated his request that all emails to Council, Planning Commission and staff on this subject be released. He also stated that the options they had presented had not been acknowledged by Council. Steve Bristow, 12355 Hilltop, commented that he found the environment at this meeting (no Sheriffs deputies present) as much more pleasant and a much better environment in which to conduct business. • September 19, 2002 Regular City Council Meeting 5 Jim Abraham, 12831 Viscaino Road, urged Council not to release any emails to Mr. Breier. 11. PUBLIC HEARINGS 11.1 Approval of appropriations for the Citizens Option for Public Safety (COPS) for Fiscal Year 2002-03 —Reso# The Administrative Services Director reported that the appropriation for fiscal year 2002-03 included $39,000 for supplies and equipment requested by the Emergency Communications Committee as well as salary, benefits and supplies for the Public Safety Officer. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to adopt Resolution #93-02 adopting the operating budget for the Citizens' Option for Public Safety Fund for Fiscal Year 2002-2003. 11.2 Request for an easement over Edith Park (Town of Los Altos Hills) for environmental mitigation purposes and request for an agreement for assignment and assumption of storm drain easement on the Lands of Rogez, 15617 Fremont Road, Lands of Santa Clara Valley Water District, S.E. Corner of Fremont Road and W. Edith Avenue • The Planning Director noted that staff's recommendation for the request for an easement over Edith Park would be denial. He commented that while DeAnza Park (Edith and Fremont) was underutilized it was nevertheless a recreational space in the Town. The Pathways Committee and Environmental Design and Protection Committee also recommended denial. The City Engineer commented on the maintenance work currently being done by the Water District. Her staff report also noted that the Water District had reviewed the Swanson proposal and decided that this proposal did not meet the Water District's standards, it would cost approximately $1 million and it would take about two years to complete the planning, permits, design and community outreach. Jenny Micko, Santa Clara Valley Water District, stated that on 7/2/02 their Board had voted to indefinitely postpone the Reach 5 project. If the easements were made available they'd reevaluate this decision. They were in the process of doing maintenance work and for this work they had obtained easements on the properties involved. This maintenance work was different from the Reach 5 project which was a capital improvement. They did review the Swanson proposal from a technical point of view and determined it did not meet their standards. In response to an inquiry from Casey, Ms. Micko stated that this proposal was not reviewed at a public hearing. Also • September 19, 2002 Regular City Council Meeting 6 in response to Casey's question as to why the residents' had not had repair/maintenance work done before this, she reported that she would have to check but they did have budget constraints and had to get the easements before they could begin. In addition they thought to do Reach 5 and maintenance work all at once for a less expensive and better project. O'Malley commented that originally the project as proposed by the Santa Clara Valley District was of a much smaller scale. Now it was a huge concrete channel with removal of vegetation and he stated that he could not support a proposal of this magnitude. Bernice Moos, 25661 Fremont Road, commented that they had major damage on their property. In her opinion the maintenance crew from the Santa Clara Valley Water District was not going to solve the problem. Reach 5 would be a better option to address the situation. Mr. Rogez, 15617 Fremont Road, commented that if the Reach 6 project wasn't going to be done what was the point of doing the Reach 5 project. Tim Tosta, Mr. Rogez's attorney, referred to his 9/18/02 letter to the Council which detailed many of their concerns about this project. Mr. Tosta commented that according to the minutes of a Santa Clara Valley Water District Board Meeting, Reach 5 had been postponed indefinitely as at this point there was no money available for the project. Mr. Tosta distributed a report on the changes to mid bench in the Santa Clara Valley Water District design, a copy of the permit to enter Mr. Rogez granted the Water District to do their repair work on Adobe Creek erosion, and diagrams pertaining the impact of the Water District's requests on Mr. Rogez' property. Mr. Tosta noted that Mr. Rogez had lost over 5,000 square feet in backyard area due to the change in the Water District's design. Mr. Tosta further noted that yesterday Mr. Rogez had filed a lawsuit against the Water District. They believed the only way to get a consistent story from the Water District was to put the whole matter before a judge. Wendie Ward, 14116 Seven Acres Lane, commented that she did not agree with the proposal put forth by Swanson Hydrology and Geormorphology. She also noted that there were ten homeowners in Los Altos who wanted Reach 5 and two homeowners in Los Altos Hills who did not. She supported Reach 5. Dean Warshawsky, 27930 Altamont, believed that the Council needed to stand up to the Santa Clara Valley Water District on behalf of its residents. He suggested asking the Water District for more time to get more facts. Mr. Warshawsky also suggested that the representatives of the Water District and the neighbors get together for a meeting to discuss these issues. Mr. Warshawsky concluded that Edith Park could be changed forever by decisions made today. i September 19, 2002 Regular City Council Meeting 7 Jim Abraham, 12831 Viscaino Road, noted that he had served on the Town's LUF (lot unit factor) committee and they had asked the Water District repeatedly for information on quantitative numbers. They were advised that for $100,000 and approximately a year's worth of work the information could be made available. He believed what the Water District was asking for was out line. Edith Park would not be accessible for public use or pets for five years. Therese Blockhus, 441 Cypress Drive, urged Council not to stop the Reach 5 project. It had been going on for twenty years and already $2.7 million had been spent on it. She was representing the Robinwood Pool, Inc. which included 21 member households. They appreciated the maintenance work being done but wanted a long- term solution to the problem. Ms. Blockhus requested Council to grant the easements to the Santa Clara Valley Water District so they could move forward with this project. Peter Astiz, 13901 Edith, noted that the flooding at Edith and Fremont will remain the same with the Reach 5 project. He supported seeing if the maintenance work being done might solve the problem. He urged Council not to grant these easements until more information was made available. Abby Ahems, Los .Altos, commented that conservation easements were in place to prevent concrete drainage areas from being installed. Fenwick commented they had been looking at this issue for a year and a half. It appeared the project was going to have to be done according to the Santa Clara Valley Water District's plans or not done at all. He would be in favor of transferring the easements if he got any support. Casey commented that she was concerned about the Los Altos' residents but the Reach 5 project would not fix the flooding problem. She had no intention of agreeing to a concrete channel and noted that this request was not in compliance with the Town's General Plan. Casey recommended that the maintenance work continue to assist the residents with problems. Casey opposed the granting of these easements. O'Malley noted that if the Water District did the Reach 5 project they would be fixing some of the erosion problems but would also be dramatically altering the entrance to the Town as well as removing 100 year old redwood trees. He was not in support of granting these easements. Cheng noted that since so many residents were affected she supported granting the easements. Finn stated that he was not willing to destroy Edith Park. There were other alternatives available. More information was needed and the Santa Clara Valley Water District needed to understand what the Town's General Plan meant. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by O'Malley and passed by the following roll call vote to deny the request for an easement over Edith Park (Town of Los Altos Hills) for environmental mitigation purposes and the request for an agreement for assignment and assumption of storm drain easement on the Lands of Rogez, 15617 Fremont Road, Lands of Santa Clara Valley Water District, • S.E. Corner of Fremont Road and W. Edith Avenue September 19, 2002 Regular City Council Meeting 8 AYES: Councilmembers Casey, Finn and O'Malley NOES: Mayor Fenwick and Mayor Pro Tem Cheng 12. CLOSED SESSION: REAL ESTATE NEGOTIATIONS: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Property: 26375 Fremont Road: Negotiators: Maureen Cassingham, City Manager Steve Mattas City Attorney: Under negotiation: lease 13. CLOSED SESSION: EXISTING LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 5456.9: IDC vs. Cupertino: Santa Clara Superior Court Case #CV793115 Negotiators: Maureen Cassingham City Manager, Steve Mattas, City Attorney Council adjourned to a Closed Session on real estate negotiations and existing litigation at 8:05 p.m. and reconvened at 8:35 p.m. 14. REPORT OUT OF CLOSED SESSION: Council returned to open session to report, if necessary, any actions taken. No actions were taken. 15. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 8:36 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 19, 2002 Regular City Council Meeting were approved at the October 3, 2002 Regular City Council Meeting. September 19 2002 Regular City Council Meeting 9