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HomeMy WebLinkAbout11/21/2002 Minutes of a Regular Meeting November 21, 2002 Town of Los Altos Hills City Council Regular Meeting Thursday,November 21, 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 Absent: None 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 Karen Jost Press: Sharon Noguchi, San Jose Mercury News; Christina Bellantoni, Palo Alto Daily MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed unanimously to limit the length of time for public comments to three minutes. 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation of Gifts to Out-Going Councilmembers Toni Casey and Steve Finn Mayor Fenwick presented Councilmembers Toni Casey and Steve Finn with engraved plaques that acknowledged their years of service to the Town of Los Altos Hills. He expressed his appreciation for their dedication and generosity of time and support. Mayor Pro Tem Cheng added that she had learned a lot about issues and government from Councilmember Casey and had enjoyed working with Councilmember Finn on the Planning Commission and the City Council. Councilmember O'Malley acknowledged the passion that Casey felt when supporting the average citizen and appreciated all of her efforts to make government work for its citizens. He added that Councilmember Finn had been gracious during his tenure as Mayor — always listening to other points of view. Casey accepted her gift and thanked the Council. She acknowledged Councilmember Finn adding that she could not have accomplished many of her goals for change and progressiveness November 21, 2002 1 Regular City Council Meeting without his support including the Fast Track site approval process and the Town's new fee structure. Casey wished the new Council much success. Finn thanked the Council and said his experiences have been fun. He's learned a great deal about policy—even to appreciate it. 2.2 Presentation by Valley Transportation Authority Chris Augenstein, representing the Santa Clara Valley Transportation Authority, gave a brief overview to the Council of VTA's Community Design and Transportation Program. Augenstein noted that he had been making presentations to all member cities, adding that the primary goal of the agency is to integrate transportation and land use successfully. Council was presented with a Final Draft of the plan. In closing, Augustein stated that funding of grants for a variety of transportation projects including bike paths and trails is expected to be available to cities late 2003. 3. PLANNING COMMISSION REPORT The Planning Director reported that at the 11/14/02 Planning Commission Meeting the following actions were taken: Lands of Korman, 26157 Altadena Drive (203-02-LLA): request for a lot line adjustment — item continued, application does not meet the criteria for a lot line adjustment- possibly will require a subdivision application; Lands of Williamson, 12012 Adobe Creek Lodge • Road: request for a Site Development Permit for a landscape screening plan — continued to review final materials and colors on a retaining wall; and Lands of Vasudevan, 13428 Carillo Lane: an appeal of a landscape screening plan— all issues were resolved between neighbors and the application was approved 4. CONSENT CALENDAR Items Removed:4.1 (Casey) and 4.8 (O'Malley) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approval of Warrants: $19,875.40 (11/01/02— 11/13/02) 4.3 Fast Track Application: approved by the Planning Director: Lands of Shantz and Simon, 13561 Hill Way: request for a Secondary Dwelling Unit 4.4 Approval of Quarterly Interest Report 4.5 Approval of Summary Vacation of 10-Foot Public Utility Easement, Lands of Cleary, 26410 Silent Hills Lane Reso# 104-02 4.6 Award of Bid-Code Enforcement Vehicle November 21, 2002 2 Regular City Council Meeting 4.7 Approval of the Memorandum of Understanding Regarding the Automated Fingerprint Identification System(CAL-ID Agreement) Items Removed: 4.1 Approval of Minutes: November 7, 2002 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve the minutes of the November 7, 2002 Regular City Council Meeting with the following corrections: page 3, item (3) change `10/17/02' to `11/07/02';page 4,Item 5.2 Paragraph 2 should read... "At that time, the Council had attempted to go through the map section by section but there was a negative response from the public regarding additional off-road pathway easements and the process was stopped by past City Councils"; page 6, second motion should read..."passed by the following roll call vote to keep the future path along 13100 and 13111 Country Way"; page 6 third motion should read..."failed by the following roll call vote to keep the future path at Byrd and Middle Fork"; page 7, first motion should read..."and passed unanimously to keep the future paths from 28014 Natoma to 27228 Elena and to delete the future paths on the other two sides of 27200 Elena"; page 7, second motion should read..."to keep 27610 Natoma to 12119 Foothill Lane as a future off-road path"; page 7, third motion should read..."to keep the future path from La Paloma at Golden Hills Court to 12869 Robleda" and page 7,roll call vote for motion four should read...`AYES: Councilmembers Casey and Finn'. Ministerial correction: page 2, Consent Item 4.5— `Reso#102-02' change to read `Reso#101-02' • 4.8 Approval of Resolution of Intent to Vacate a Portion of Burke Road Right of Way: Lands of Swan, 13190 Burke Road Reso #105-02 O'Malley asked for clarification on the necessity of this action. Staff noted that this was a common procedure. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve the Resolution of Intent to Vacate a Portion of Burke Road Right of Way,Lands of Swan, 13190 Burke Road Reso#105-02 5. UNFINISHED BUSINESS 5.1 Update on Mayor's Goals (1) Break ground for the new Town Hall,partially funded by donations The mayor noted that this item would be revisited at future meetings after the seating of the new Councilmembers (2) Undergrounding of utility wires in Los Altos Hills This item will be considered at future meetings in 2003. (3) Complete the update process for an accurate 2002 master pathway map 3 November 21, 2002 Regular City Council Meeting Project was completed and accepted by Council at their Regular Meeting, November 7, 2002. (4) Consider the possibility of adopting a view ordinance for the Town The Mayor stated that this item is presently under review by Staff and will be brought before Council for consideration next year. 5.2 Report on Review of Town Hall Design with Project Architect Breene Kerr and Dean Warshawsky Continued to a future meeting to allow the new Councilmembers additional time to meet with the Architect and evaluate all issues. 5.3 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, Lands of Huang, 27580 Arastradero Road This application was continued from the November 7, 2002 City Council Meeting. Mayor Fenwick stepped down from consideration of this item. • Mayor Pro Tem Cheng acknowledged that the Public Hearing for Item 5.3 had been closed at the previous Council meeting but that she would re-open it during the review of this item to allow those who had not had a chance previously to speak and speakers with new information to be heard. The Planning Director gave a brief history of the application, noting that at the November 7, 2002 meeting this item was continued to research the filing of the Notice of Intent to Adopt. All proper filings had been executed with the County Clerk. He added that Staff concurred with the Planning Commission recommendations with regards to the Conservation Easements and Conditions of Approval Item#6. Councilmember O'Malley questioned the City Attorney regarding the validity of the Negative Declaration with the proposed changes in the conservation easements. City Attorney Steve Mattas, clarified recent correspondence that Council had received relating to this application and compliance with CEQA requirements. Mattas indicated that the City had met requirements for proper filing of the Notice of Intent to adopt the Negative Declaration. Mattas advised Council that the mitigation for the Negative Declaration contains provisions for conservation easements on steep slopes but does not specify which slopes. He suggested that Council hear from the applicant to determine if the mitigation issues would still be met with the reduction of conservation easements. He added that if the applicant had requested the elimination of conservation easements, it would require further environmental review. Sophia Huang—Applicant, 27580 Arastradero, explained why she was requesting to modify her conservation easement requirements to be applicable to those slopes of 50%. She believed these November 21, 2002 4 Regular City Council Meeting • changes would better accommodate the building sites on the subdivision lots. It would enable the sites to be located away from freeway noise, would accommodate subdrains and retaining walls for geotechnical protection in landslide areas and preserve existing trees on some lots. Mrs. Huang, noted that they had agreed to the subdivision conservation easement conditions believing that this was required by the Town's Municipal Code. Upon further review, it was determined that to be compliant with the Town's Code, it was not necessary to give conservation easements on slopes of 30%. Robin B. Kennedy— Counsel for the applicant, 545 Middlefield Road, Menlo Park distributed a letter that she had faxed to the Council. She commented that her client realized that the conservation easements she had agreed to for the Tentative Map were not workable for her project and the language in Conditions of Approval #5 should allow her client during the Final Map process to relocate the conservation easements subject to the approval of the City Engineer and Planning Director. Kennedy added that she felt a revised Tentative Map was not required for this process. Henry Ahumada, 27690 Arastradero Road, immediate neighbor to the Huang subdivision, spoke in favor of the project. He felt it would be an asset to the neighborhood. Kristen Powell, Counsel representing the Mills family who reside at 14414 Saddle Mountain Road, addressed the Council. She commented that at the last City Council Meeting, staff had been directed to revise and redirect the Notice of Intent. She felt staff had failed to perform this charge. Powell added that the 20-day noticing period requirement had not been met and Council • should consider this item a new action. The City Attorney clarified for Council the noticing requirements of CEQA adding that the Town was in substantial compliance. Sandra Humphries, Environmental Design Committee, added that the percentage of slope was not the only issue to be addressed but drainage swales and the scenic highway element were additional concerns. Dot Schreiner, 14301 Saddle Mountain, commented that the application had been substantially changed and should be rescheduled for a new Public Hearing at the Planning Commission. Councilmember Casey stated that she had spent a great deal of time familiarizing herself with all aspects of this application. She felt it was important to explain her findings in detail for everyone to understand her support of this project. Notably, all CEQA requirements have been satisfied; the mitigation-monitoring plan is not being changed; the integrity of the subdivision process has not been compromised; and the Tentative Map stage prior to the Final Map is the appropriate time to make modifications to the subdivision. Casey added that conservation easements are not part of the consideration process that determines the number of lots the applicant is permitted. Strict mathematical calculations as outlined in the subdivision act, not subjective conditions, determine the allowable number of subdivision lots. She feels the Huang project is in full compliance with the Town's General Plan. In addition, Casey said that no mitigation measures would be impacted or negated by changing the slope requirement to 50% for conservation November 21, 2002 5 Regular City Council Meeting easements. She urged her fellow Councilmembers to support the applicants request to modify the conservation easement requirements. Councilmember O'Malley noted that Casey had made many valid comments, however, after walking the site, he could not agree to modify the requirements. He felt that most slopes were actually 40%-50% and there could be potential erosion and water run-off problems. O'Malley added that the Town should closely monitor the area. Concilmember Finn commented that as a developer he has been through the subdivision process himself and found it to be most taxing. He felt this project was consistent with the Town's General Plan and would be an asset to future residents. Mayor Pro Tem Cheng stated that she had visited the site, studied the Town's codes, talked with the City Attorney and Planning Director in preparation for tonight's decision on this project. She added that she was in support of this application because it meets all of the Town's subdivision requirements and is in compliance with the General Plan. Cheng noted the applicant could have requested 8 lots but had reduced the subdivision to 6 lots. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and approved by the following roll call vote to approve the request to amend the Conditions of Approval and to place geotechnical repair areas and slopes of 50% or greater within a Conservation Easement. AYES: Councilmembers Casey, Cheng and Finn • NOES: Councilmember O'Malley ABSENT: None ABSTAIN Mayor Fenwick 6. NEW BUSINESS 6.1 Approval of Town Emergency Plan Continued from November 7, 2002 City Council Meeting City Manager Maureen Cassingham introduced the report to the Council. She noted that this was the first SEMS compliant emergency plan for the Town of Los Altos Hills. It has been reviewed by the OES staff. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to adopt the Town of Los Altos Hills Emergency Plan. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Finance and Investment Committee 7.1.1 Letter to the City Council and Town Residents on the financing November 21, 2002 6 Regular City Council Meeting of the new Town Hall Continued from November 7, 2002 City Council Meeting Frank Lloyd, Finance Committee Chairman, stated that the Town's recent discovery of a shortfall due to changes in the fee schedule would not adversely affect the plans for financing the Town Hall project. He stated the Finance Committee recommends the Town not borrow for the building fund since adequate monies are available. 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 10. PRESENTATIONS FROM THE FLOOR Paul Hogan, Counsel for Terry Eger, distributed a letter to Council regarding Agenda Item 11.3 Lands of Evershine. Dot Schreiner, 14301 Saddle Mountain Drive, stated that a Committee for the Preservation for Los Altos Hills has been circulating a petition for a referendum to repeal the adoption of Resolution#103-02. Lawrence Hall, Mora Heights, updated the Council on his sewer project. He had secured capacity rights and was moving forward. He gave Council language that LAFCO was looking for in a Resolution applicable to his application. Mark Jensen, 26225 Purissima Road, commented on petition signing at a local supermarket. 7 November 21, 2002 Regular City Council Meeting PUBLIC HEARINGS 11.1 Approval of revised schedule for"Fees, Deposits, Charges for Service and Other Assessments" -Reso # 106-02 Administrative Services Director, Sarah Joiner introduced this item. Joiner explained that she had reviewed alternative methods of recovering costs as directed by Council at their October 18, 2002 Meeting. She reported on her meetings to evaluate different options with Councilmember O'Malley and Finance Committee Chairman Frank Lloyd and thanked them for their assistance and guidance. Council had before them a staff report that detailed the proposed revised fee schedule which is based on a revenue/cost match up. Fees are set at a rate which is intended to recover budgeted expenditures for permitting activities. This formula, instead of basing fees on an hourly rate as previously proposed, is based on estimating the amount of permitting activity during the course of a year and determining the average revenue per permit that would be needed to generate enough income to cover department costs. The fee study performed by Maximus indicated that the Town was overcharging for building permits. This proposed schedule reduces building permit fees by 41%. The study also determined that the fees for planning and engineering services were under-recovered and with this fee schedule the fees for planning will increase by 25% and engineering fees will increase by 56.25%. • The Administrative Services Director added that with the new fee schedule, the revenue generated by building, planning and engineering would be reduced by approximately $150,000.00 per year. This is an estimated reduction that will need to be addressed with mid- year budget adjustments. Council thanked Joiner for her efforts. Councilmember Casey added that it had been a goal of hers and Councilmember Finn to have fees that reflect actual costs and she commended the Administrative Services Director on her report. Councilmember O'Malley discussed the process that had been undertaken to achieve this final schedule and make the building permit fees more equitable. MOTION SECONDED AND CARRIED: Moved Councilmember Casey, seconded by O'Malley and passed unanimously to adopt Resolution 106-02 to adopt the revised schedule for "Fees, Deposits, Charges for Service and Other Assessments". 11.2 Appeal of the Planning Commission's decision to revoke the height variance (116-00-ZP-SD-GD-VAR) and deny the request for a Site Development Permit (179-02-ZP-SD) for a new single-family residence (and basement) (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 5,700 square foot historic home that was on the property and recently demolished without the benefit of city approval,Lands of Campbell& Ligeti, 13902 Campo Vista Lane. November 21, 2002 8 Regular City Council Meeting Staff recommended that this item be continued to the December 19, 2001 City Council Regular Meeting to allow adequate time to research and respond to the letter received from the applicants' counsel. The applicant concurred. Staff added that they are willing to work with the applicants to weatherize the project, but a plan has yet to be submitted. MOTION SECONDED AND CARRIED: Moved by O'Malley, seconded by Cheng and passed unanimously to continue the Appeal of the Planning Commission's decision to revoke the height variance (116-00-ZP-SD-GD-VAR) and deny the request for a Site Development Permit (179-02-ZP-SD) for a new single-family residence (and basement) (maximum vertical building height 40 feet) (overall height 50 feet measured from the highest ridge to basement pad). The proposed new single family residence is intended to replicate the 5,700 square foot historic home that was on the property and recently demolished without the benefit of city approval, Lands of Campbell & Ligeti, 13902 Campo Vista Lane to the December 19, 2002 City Council Regular Meeting. 11.3 Appeal of Planning Commission's approval of a site development permit for a new residence, and pool, Lands of Evershine, 13310 La Paloma Road This public hearing was continued from the November 7, 2002 City Council Meeting. Planning Director Carl Cahill introduced this item, noting that the application had been continued from the November 7, 2002 City Council Meeting to address issues regarding proposed site grading. The applicants' geotechnical and engineering consultants as well as the Town's engineering staff and geotechnical consultants have reviewed the project. It has been determined that the project is feasible but added that Council should also consider the aesthetic issues that relate to the Town's grading policy and this application. Cahill added that significant cuts of 27 feet are greater that the Town grading policy recommends. City Engineer Mintze Cheng spoke to the issue of the revised grading proposal. The new plan calls for a reduction of 2,000 cubic yards of cut materials, will keep 21,000 cubic yards of dirt on site and 3,900 cubic yards will be off-hauled from the property. Cheng added that a geotechnical consultant will be present during the grading and appropriate testing will be required. Fred Chan, applicant,13310 La Paloma, expressed his sincere hope that Council would approve his project. He commented that he is building a single residence on an 11 acre site and with the revised grading plan,they have managed to retain most of the soil from the grading on site. Terry Eger, 13050 Alta Lane North, neighbor to the proposed residence - commented that he is very concerned about the 27 foot cut into the hill. His own residence was designed for suitability to his lot. Mr. Egger feels that the grading and vertical cut are also major issues with other neighbors. Rudolph Alfmito, 25870 Westwind Way, resident of Los Altos Hills for 27 years, asked the Council to take into consideration the impact this 27, 000 square foot home would have on the • neighbors. November 21, 2002 9 Regular City Council Meeting • Dot Schreiner, 14301 Saddle Mountain Drive, commented that she is in agreement with Mr. Alfinito's concern with the size of this home. She added that this would set the stage for future development and would relax the Town's grading policy. Frank Lloyd, 12823 Brendel, stated that the project is visible from his property and Council would be wise to defer any decision to the new Council. Sandra Humphries, 26238 Fremont Road, suggested that living close to the construction site of this home could impact the quality of life of neighbors with the noise created by heavy trucks and the grading. William Downey, 14330 DeBell, stated his concerns that an economic downturn could impact the market for large estate properties. Breene Kerr, 27261 Sherlock, addressed the issue of the substantial grading to be done on this site. He felt additional study would be appropriate for this application. Kerr added that he felt this project was in direct conflict with the Town's grading policy and would set a precedent for future projects. Paul Hogan, attorney representing neighbor Terry Egger, commented that he felt the project dictated further review and requested the application be sent back to the Planning Commission. John Fryer, soils engineer consultant for the applicant, explained to Council that the soils on site • are suitable for fill. He added that all geotechnical and draining issues would be resolved during the grading and building stage. Pong Ng, project architect, 1513 Fairway, Los Altos, briefed the Council on the design aspects of this residence. Noting the detail of the low profile of the home and the fact that 40% of the living space will be contained in the basement, Mr. Ng added that the Town has historically encouraged basements be built to reduce the height and bulk of homes. Sonia Ransom, attorney for the applicants, hoped that Council would focus on the design of the home. Ms. Ransom discussed her letter that had been faxed to Council late 11/21/02 that detailed her reasons for concluding that the Chan residence falls within the categorical exemption for single-family homes under CEQA. Steve Bristow, 11235 Hilltop Drive, suggested Council should change policies instead of making concessions to applicants. Mayor Pro Tem Cheng requested clarification on the question of setting a precedent tonight with a decision to allow the grading for this project. The City Attorney explained that Council had the discretion to approve this item and in the future would have to treat similar applications equally. They could,however,review each project's merit on a case-by-case basis. Councilmember Casey noted that she was in support of this application for the following reasons: • the Town's grading policy is not an ordinance and each situation that is reviewed is unique; the home design is unobtrusive and fits beautifully on the site; the geotechnical and engineering 10 November 21, 2002 Regular City Council Meeting • consultants have redesigned the plans to keep more of the soil on site; experts will be on site during the grading process; and the allowable subdivision development for this property would have more of a negative impact than the proposed cut of 27 feet for a single residence. Councilmember Finn noted that he was in favor of this project adding that a subdivision on the site with the possibility of 6 new homes with 6 basements would be much more disruptive than a single home. Mayor Pro Tem Cheng commented that she is not opposed to the size of the home requested by this application but could not support the project because of the amount of grading required. Councilmember O'Malley expressed his concern that the approval of this magnitude of grading would set a precedent for future applications and could not vote in favor of the project. Mayor Fenwick referred to a review checklist that had assisted him in analyzing this application. He noted that the project did not require a variance; it is not in violation of the Town's codes; the quantity of fill is within the guidelines used by the Town, grading criteria is a policy not an ordinance; and the visibility of the house is only 3 feet higher than the hill. The alternatives to the approval of this application, a subdivision with multiple building sites and the construction of roads and driveways, could be much more detrimental. The Mayor added that he had visited the site and felt the proposed residence was a far superior alternative to any other options. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to uphold the Planning Commission's approval for a site development • permit for a new residence, and pool with the modification of the Conditions of Approval to include the most recent grading and soils plans. AYES: Mayor Fenwick and Councilmembers Casey andFinn NOES: Councilmember O'Malley and Mayor Pro Tem Cheng ABSENT: None ABSTAIN None 12. CLOSED SESSION: REAL ESTATE NEGOTIATIONS: CONFERENCE WITH REAL PROPERTY NEGOTIATOR: PURSUANT TO GOVERNMENT CODE SECTION 54956.8: Properly: 26375 Fremont Road: Negotiators: Maureen Cassingham,City Manager and Steve Mattas,Ci1y Attomgy: Under negotiation: Lease This item was continued to a future meeting 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:04 p.m. Re pectfully submitted, wren J st City erk The minutes of the December 5, 2002 Regular City Council Meeting were approved at • the November 21, 2002 Regular City Council Meeting. November 21, 2002 11 Regular City Council Meeting