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HomeMy WebLinkAbout06/01/2000 Minutes of a Regular Meeting June 1, 2000 Town of Los Altos Hills City Council Regular Meeting Thursday, June 1, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Dauber called the Regular Meeting of the City Council to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Cheng, Finn and Johnson Absent: None • Staff: Acting City Manager/Public Works Manager Jim Rasp, Planning Director Curtis Williams, City Attorney Sandy Sloan, Assistant City Attorney Dan Siegel, Associate Planner Carl Cahill and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier; Elaine Goodman, Palo Alto Daily Dauber noted that Ralph Vetterlein, long time resident and active member of the community, had recently passed away and this meeting would be adjourned in his memory. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Finn and passed unanimously to add the following to the agenda as urgency items: Closed Session: Personnal — Interim City Manager and a proclamation recognizing June 8th as the official celebration of the Festa Della Repubblica Italiana. 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT The Planning Director reported on the following applications discussed at the 5/10/00 Planning Commission: Lands of Le and Do, 24018 Oak Knoll Circle: request for a site June 1, 2000 Regular City Council Meeting 1 • development permit for a new residence — continued; Lands of Jain, 28510 Matadero Creek Lane: request for approval of landscape plan and for modification of tentative map conditions for Matadero Creek Subdivision to permit development area of 1,334 square feet in excess of allowable maximum — approved; and Lands of Kerns, 11890 Francemont: request for a site development permit for a new residence and detached three car garage (with office studio above) on the lower site—continued. Dauber noted that this was Planning Director Curtis Williams' last meeting and she thanked him for his contributions as Planning Director. 4. CONSENT CALENDAR Items Removed: 4.7 (Finn), 4.8 (Casey) and 4.13 (continued) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Finn and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: May 15, 2000 (Special Meeting) May 18, 2000 (Special Meeting) 4.2 Approved Warrants: $247,739.35 (5/11/00—5/24/00) • 4.3 Approved site development permit for a new residence with attached garage, Lands of Windy Hill Associates, 12167 Kate Drive (Fast-Track) 4.4 Approved site development permit for a new residence with attached garage, Lands of Windy Hill Associates, 12087 Kate Drive (Fast-Track) 4.5 Approved site development permit for a new residence with attached garage, Lands of Windy Hill Associates, 12067 Kate Drive (Fast-Track) 4.6 Accepted grant of conservation easement, Lands of Pan, 11481 Magdalena Road —Reso #28-00 4.9 Adopted resolution amending the fiscal year 1999-00 budget for committee expenses—Reso #29-00 4.10 Approved Radar Enforcement of Town Speed Limits—Reso #30-00 4.11 Summarily vacated a portion of an existing pathway easement and accepted grant of a pathway easement (pathway relocation), Lands of Laub, 28140 Story Hill Lane—Resolutions #31-00 and#32-00 • June 1, 2000 Regular City Council Meeting 2 • 4.12 Approved execution of new agency agreements with the County of Santa Clara for Countywide Household Hazardous Waste Collection Program— Reso #33-00 4.14 Issued Proclamation: Recognizing June 8, 2000 as the official celebration of the Festa Della Repubblica Italiana Items Removed: 4.7 Approval of resolution establishing standing committees and adopting general and special rules pertaining thereto—Reso # MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to adopt Resolution #34-00 establishing standing committees and adopting general and special rules pertaining thereto with section 3(b)(ii) remaining as two year terms. Council further directed that the issue of four year terms and the issue of term limits for all committees be agendized for discussion at the July 20th Council Meeting. It was further noted that all committee members would be notified of this meeting so they would have an opportunity to provide input. Finn also asked for a list of committee members and how long they had served. 4.7 Grant of pathway easement, Lands of Humble, 14475 Liddicoat Circle— • Reso # Casey removed this item from the Consent Calendar because she questioned the requirement of this easement. She noted that this was a very difficult and unusual lot. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to refer this grant of pathway easement back to the Planning Commission for review with the stipulation that this project not be held up waiting for resolution of this issue. AYES: Mayor Pro Tem Finn and Councilmembers Casey, Cheng and Johnson NOES: Mayor Dauber Dauber stated that this was a condition of approval for the Humble project which had already been voted on by the Council. She did not agree that this issue should be revisited. 4.13 Approval of contract for Interim City Manager Services—Reso # This item was continued. • June 1, 2000 Regular City Council Meeting 3 5. UNFINISHED BUSINESS 5.1 Continued discussion of status of ownership of Almaden Court This item was continued at the request of the residents on Almaden Court. 5.2 Sanitary Sewer Lift Station Study MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to determine that sanitary sewer lift stations may be used to provide sanitary sewer service to properties in Town and that they shall be privately constructed but that they may be maintained by the Town depending upon the number of properties that they serve. Council further approved the installation of a generator for the proposed lift station at the Ascari subdivision on Elena Road. 5.3 Grant of conservation easement, Lands of Robertson, 12080 Kate Drive -- Reso # 5.4 Grant of conservation easement, Lands of Mittelman, 12100 Kate Drive— Reso # Casey believed that the Town had erred when requiring these conservation easements • and the issue should be revisited. She further believed that all of the conservation easements in the Quarry Subdivision should be looked at. The Planning Director reported that these conservation easements were not just a condition of approval for the individual homes. They were also a mitigation measure in the Environmental Impact Report for the Quarry Subdivision. To change this condition would require review by outside agencies including Fish and Game and comment by the downstream neighbors. If these applicants were allowed to continue building their homes, they would be doing so without being in compliance with the conditions of the Environmental Impact Report. Sandra Humphries, member of the Environmental Design and Protection Agency, noted that these conservation easements provided a natural trail for habitat even if the creekbed was dry. Brenda and Harry Mittelman, applicants, each addressed the Council concerning this conservation easement issue. They noted that there was a 101 foot conservation easement behind their property but their issue was with the dirt conservation easement before the creek. They did not think it was logical and prevented them from access to the hill beyond. They asked Councilmembers to come out to the property to get a better understanding of what they meant. June 1, 2000 Regular City Council Meeting 4 i • The City Attorney noted that the applicants had expressed concerns about access and the conservation easement had been clarified to specifically allow a path. Finn noted that there seemed to be some confusion as there were really two issues: the conservation easement and the setback. Marsha Robertson, applicant, thanked Councilmembers for recommending this issue be revisited. She noted that they had signed the easement under duress and also believed the proposed conservation easement was not logical. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to not accept the conservation easements for Mittelman and Robertson at this time and to send this issue back to the Planning Commission and staff for review and recommendation back to the Council. It was further noted that the applicants would pay for any staff costs involved and would be advised of any costs involving review by outside agencies to see if they wanted to proceed understanding they would be responsible for those costs also. Council further directed staff not to hold up either of these building projects while this issue was being reviewed. AYES: Mayor Pro Tem Finn and Councilmembers Casey and Cheng NOES: Mayor Dauber and Councilmember Johnson • Dauber stated that this conservation easement was a condition of original reclamation plan and the environmental impact report for the subdivision. She noted that the applicants had had a `fast-track' review and had signed a statement agreeing at that time to all of the conditions for their project so they could start building. They were now reneging on one of the conditions. 6. NEW BUSINESS 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Recommendation to City Selection Committee Voting No action taken. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney • 8.1.1 Report regarding statements from Mark Miller June 1, 2000 Regular City Council Meeting 5 i The City Attorney referred to her memo in which she noted that she had spoken with the former City Manager and he had no additional comments to make on his resignation. 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL-INITIATED ITEMS 9.1 Discussion of Council Meeting Schedule (Mayor Dauber) PASSED BY CONSENSUS: To cancel the July 6, 2000 Council Meeting. 9.2 Request to change wording of site development ordinance to limit Council appeals to "substantive decisions" (Mayor Dauber) Dauber requested that the site development ordinance be changed to reflect that an appeal could only be made of an approval or denial of an application by the Planning Commission. Dauber noted that when a denial was made the Commission included findings which provided additional needed information for the Council's review of a • project. Casey and Finn did not agree stating that it was the Council's responsibility to hear these projects. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to direct the City Attorney to amend the Site Development Ordinance to state: "The Council does not want to hear an application until the Planning Commission has made a substantive decision to either approve or deny." In addition all applicants should be given the opportunity for a denial with findings before their project is continued. AYES: Mayor Dauber and Councilmembers Cheng and Johnson NOES: Mayor Pro Tem Finn and Councilmember Casey 9.3 Request from Harry Emerzian for letter of explanation from Council regarding staff departures (Mayor Dauber) Harry Emerzian, 11670 Dawson, asked why there had been so many problems in maintaining the Town's staff. He suggested this was poor management and asked Councilmembers to respond to his request for an explanation. Council noted that each one probably had a different view of this issue and it was agreed if any Councilmember wished to respond to Mr. Emerzian they could do so on an individual basis. June 1, 2000 Regular City Council Meeting 6 9.4 Letter from CELSOC (Consulting Engineers and Lands Surveyors of California)Requesting support of the Fair Competition and Taxpayers Savings Act (Councilmember Casey) Casey asked Council to support this act and it was agreed it should be agendized for the next Council Meeting. 9.5 SB 1816 (Affordable Housing) (Councilmember Casey) Casey asked Council to oppose SB 1816 on affordable housing and it was agreed it should be agendized for the next Council Meeting. 9.6 JPA Library(Mayor Dauber) Dauber reported that at the JPA Library meeting held earlier in the day it had been noted that the library was an amicus to the lawsuit filed by Sonoma County concerning ERAF funds due them. They had won the lawsuit and the State was appealing the decision. 9.7 Montgomery Property on Central (Councilmember Casey) • Casey asked that the City Manager provide a report at the 7/20/00 Council Meeting on the issues concerning the Montgomery property on Central Drive 12. PRESENTATIONS FROM THE FLOOR Betsy Bertram, 11854 Page Mill Road, commended the Planning Director and stated she was sorry he was leaving the staff. She further questioned whether the recent closed sessions had been properly noticed and was advised by the City Attorney that they had been. Mrs. Bertram also referred to an email written by Casey and she wanted to know why Casey and Finn had wanted the City Manager's resignation. Michael Scott, 27856 Black Mountain Road, suggested that either Casey or Finn assume the role of City Manager. Mr. Scott believed it was apparent that they favored a strong Mayor form of government. 11. PUBLIC HEARINGS 11.1 Introduction of proposed ordinance of the Town of Los Altos Hills amending Section 10-1.501 (Minimum parcel size) of the Zoning Code and Section 9-1.604 (Lot Size and Requirements) of the Subdivision Code with regard to the shapes of parcels (FIRST READING) June 1, 2000 Regular City Council Meeting 7 Gary Cleary, 26410 Silent Hills Lane, thanked Council for not accepted the string bean lot on the Lands of LeFevre. He urged Council to keep in mind definitions and terminology that would avoid future confusion. MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Casey and passed unanimously to waive further reading of the ordinance, adopt the negative declaration and introduce the ordinance of the Town of Los Altos Hills amending Section 10-1.501 (Minimum parcel size) of the Zoning Code and Section 9-1.604 (Lot Size and Requirements) of the Subdivision Code with regard to the shapes of parcels with the following change to section 2(i): sixty feet should be changed to 30 feet. 11.2 Request for approval of landscape plan and for modification of tentative Map conditions for Matadero Creek Subdivision to permit development area of 1,334 square feet in excess of allowable maximum, Lands of Jain, 28510 Matadero Creek Lane Mr. Jain, applicant, addressed the Council and explained why they wanted approval of 9,716 square feet of additional development area instead of the 9,000 approved by the Planning Commission. He reviewed a brief history of the lots in the Matadero Creek Subdivision and urged equitable treatment for all lots. Bob Lefkowits, 28515 Matadero Creek Lane, thanked the Planning Director for all of • his work on the Matadero Creek Subdivision. It had always been a confusing issue but the report accepted by Council last year clarified the allowed development on each lot. Mr. Lefkowits believed if Council at this time allowed the 9,716 requested by the Jains it would be prededent setting. He supported the 9,000 square feet approved by the Planning Commission as a fair decision to all. Charlie Ellinger, 28520 Matadero Creek Lane, commented that the Jains have always known the allowed development area on their lot and had always pushed the numbers. She believed the Planning Commission's approval of 9,000 square feet was more than fair. Sandra Humphries, 26238 Fremont, commented on the Jains' plans to put in a deck and noted that the impact of the fill from this development on the oak tree was unknown. Rick Ellinger, 28520 Matadero Creek Lane, suggested looking at the request on a design and need basis and not just looking at the development numbers. He believed if the basis of an approval of this request was not based on design and/or need it would be precedent setting. Mrs. Jain, applicant, agreed with using common sense when considering their request. It was a very small percentage of the lot and had no impact on the neighbors. No fill would be involved because their arborist did not recommend this. Mrs. Jain also stated that she would like to put the screening in with the landscaping. She could work this out with staff and put down a deposit for what staff decided was necessary. June 1, 2000 Regular City Council Meeting 8 i MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Cheng and passed by the following roll call vote to approve the request for approval of landscape screening plan and modification of tentative map conditions to permit development area of 9,716 square feet for Lands of Jain, 28510 Matadero Creek Lane, subject to the conditions of approval recommended by the Planning Commission at their 5/10/00 meeting with the deletion of condition 1 a), the correction to the amendment to the final map to reflect 9,716 square feet not 9,000, and the findings for approval of the final map amendment as shown in Attachment 3 with the addition of finding #9 as follows: "The proposed modification is unique to the site and will not set a precedent of allowing additional development in the Matadero Creek Subdivision." AYES: Mayor Pro Tem Finn and Councilmembers Casey, Cheng and Johnson NOES: Mayor Dauber Dauber stated that lots are advertised with the allowed development numbers and this translates to increased property value. This would be precedent setting. Furthermore, the Jains have known all along that they used almost all of their allowed development on their house. 11.3 Request for approval of a site development permit for a new residence and detached garage with an office studio above, on the lower level, Lands of Kerns, 11890 Francemont Road • Bill Maston, applicant's architect, explained how they were reducing the development area and saving additional oak trees on the property. They were also eliminating a large amount of the retaining walls. Mr. Maston asked Council to accept these revised plans and also to address conditions #16 regarding the path and #19 regarding a fire sprinkler system. Harry Emerzian, Co-Chairman of the Pathways Committee, noted that this was a very steep lot and the committee had not decided on an alternative way to get a path in where it would be less steep. Michael Marshall, Los Altos, expressed his concerns that this secondary dwelling was being built without a primary residence being in place. Council referred to the questions raised about condition #19 and noted that the requirements in this condition would be based on the recommendation from the Fire Department. Dauber commented that this was a lovely modest home on the lower lot but the applicants might want to modify these plans if the upper lot did not get approved. In her opinion there was not an acceptable driveway to the upper lot. Johnson stated that he had no difficulty with the lower lot but there were problems with the upper lot. June 1, 2000 Regular City Council Meeting 9 MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Cheng and passed unanimously to approve the request for a site development permit for a new residence and detached garage with an office studio above, on the lower level, Lands of Kerns, 11890 Francemont, as shown on the revised plans submitted by the applicant, subject to the conditions of approval stated in attachment 1 of the 6/1/00 staff report with the amendment to condition #16 that the applicant would work with the Pathways Committee on the placement of the path. 11.4 Request for approval of a site development permit for a new residence, Lands of Le and Do, 24018 Oak Knoll Circle Johnson said he was uncomfortable with the way this application had come to the Council in that there was no recommendation from the Planning Commission. Casey stated that she appealed this continuance by the Planning Commission because she did not agree at all that this project should be redesigned. The Planning Commission had not even met with the architect and/or the applicant to discuss it and the oak tree was not in danger. Finn stated that a redesign was basically a denial and Council had just realized that they were able to appeal continuances. MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Dauber and failed by the following roll call vote to continue this item and send it back to the Planning Commission for recommendation. • AYES: Mayor Dauber and Councilmember Johnson NOES: Mayor Pro Tem Finn and Councilmembers Casey and Cheng Mark Godby, applicant's architect, addressed the project and stated that they believed it to be a well thought out design that fit the lot. Concerning the oak tree they had checked with the arborist who had stated that the proposed location of the house would not negatively affect the oak tree. He also referred to the covered rear terraces which had arched openings on three sides. He noted that these arches could be increased if necessary. Mr. Godby noted that the house had been stepped down the hill to make it less visible. Carl Cahill, Associate Planner, responded to a comment made that staff had directed the applicant to take off part of the oak tree to put up the story poles. He stated that staff would not have given such direction and he requested clarification of this statement from the architect. In addition the Associate Planner recommended that if Council had any concerns about a project they should ask staff for clarification. Mark Godby, applicant's architect, in response to an inquiry from Council, stated that he would have given the Planning Commission the same presentation he was now giving the Council. He also responded to the Associate Planner's comments by noting that it was heresay from the person employed to put in the story poles that staff had told him to trim the oak tree. June 1, 2000 Regular City Council Meeting 10 Sandra Humphries, 26238 Fremont Road, noted that she was not an arborist but if it was possible why not move the house even further away from the oak tree. Brenda Mittelman, 12100 Kate Drive, stated that they were neighbors and had no objections to these plans. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to approve the request for a site development permit for a new residence for Lands of Le and Do at 24018 Oak Knoll Circle subject to the conditions of approval but with the notation that the arborist's report shall be followed concerning placement of the house as related to the protection of the oak tree. AYES: Mayor Pro Tem Finn and Councilmembers Casey, Cheng and Johnson NOES: Mayor Dauber Dauber did not believe enough had been done on this project to meet the grading guidelines. 12. CLOSED SESSION: PURSUANT TO GOVERNMENT CODE SECTION 54957: Public Employment—Interim City Manager The City Council adjourned to a Closed Session regarding personnel at 11:50 p.m. and reconvened at 12:10 a.m. Council returned to open session to report, if necessary, any actions taken. No action taken. 13. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:15 a.m. in memory of Ralph Vetterlein. Respectfully submitted, Patricia Dowd, City Clerk The minutes of the June 1, 2000 Regular City Council Meeting were approved at the June 15, 2000 City Council Meeting. • June 1, 2000 Regular City Council Meeting 11