Loading...
HomeMy WebLinkAbout03/16/2000 i Minutes of a Regular Meeting March 16, 2000 Town of Los Altos Hills City Council Regular Meeting Thursday, March 16, 2000, 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, Finn and Johnson Absent: None Staff: City Manager Mark Miller, Dan Siegel—City Attorney's Office, Planning Director Curtis Williams, Public Works Manager Jim Rasp, Engineering Consultant Jeff Peterson and City Clerk Pat • Dowd Press: Clyde Noel, Los Altos Town Crier Dauber referred to a letter from the Santa Clara County Cities Association requesting appointment of a Council representative to their Legislative Task Force. She asked that this request be added to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to add the letter from the Santa Clara County Cities Association requesting appointment of a Council representative to their Legislative Task Force to the agenda as an urgency item 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT The Planning Director reported on the following applications from the 3/8/00 Planning Commission Meeting: Lands of Pan, 11481 Magdalena Road: request for a site development permit for a new residence and tennis court—approved; Lands of Trifelos and Ryan, 13581 Wildcrest Drive: request for a site development permit for a major remodel— • March 16, 2000 Regular City Council Meeting 1 • continued; and Lands of Schneider, 24708 Olive Tree Court: request for a site development permit for a new residence — approved. The Planning Commission also continued their discussion on development criteria for constrained lots. 4. CONSENT CALENDAR Items Removed: 4.1 — 3/2/00 minutes and 4.3 (Casey), 4.1 — 1/20/00 and 2/17/00 minutes and 4.4 (Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Finn and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $161,163.91 (2/19/00—3/10/00) Items Removed: 4.1 Approval of Minutes: January 20, 2000 (Regular Meeting) February 17, 2000 (Regular Meeting) March 2, 2000 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the minutes of the January 20, 2000 Council Meeting with • the following corrections: page 2, item 5.1 in the motion change the word `fixing' to `capping'; and page 9, item 11.1 change last sentence to read: "Mr. Rosenbaum felt that his building costs were less than the Town building report estimated." MOTION SECONDED AND CARRIED: Moved by Dauber,Daubseconded by Johnson and passed unanimously to approve the minutes of the February 17, 2000 City Council Meeting with the following corrections: page 4, item 5.1,third paragraph, sixth sentence should read: "He proposed, as an example, using J. C. Bradford, brokerage firm, and that the Town buy existing bonds that others want to sell."; and page 11, second paragraph change the references to `he' to `Johnson' and in item 8.1, fourth paragraph, change the word redrained to regraded. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve the minutes of the March 2, 2000 Council Meeting with the following correction: page 3, item 5.1, second paragraph, last two sentences should read: "Dauber raised the issue of staff time and Council priorities and asked if, by establishing this committee, Council agreed that the review of the fee structure would be lowered on the priority list. Casey and Finn did not agree stating that the establishment of an Investment Committee should not be complicated and Council could proceed with its other priorities." • March 16, 2000 Regular City Council Meeting 2 • 4.3 Authorize City Manager and City Attorney to negotiate a contract for preliminary architectural services for Town Hall The City Manager referred to his staff report which listed the names of four firms who had submitted proposals for the Town Hall Building Project. Of these four firms staffs recommendation was for Council to authorize negotiating a contract with BSA Architects for the Town Hall Building Project at a cost not to exceed$50,000. Casey stated her concerns about the way Council was approaching this project. She had questions about what the Town needed and how the Council could give clear direction for this project. She also noted that she had heard concerns in the community about spending this kind of money for a new Town Hall. Casey further stated that she was not comfortable with the process Council had followed to date nor the review conducted by the Town Hall Building Committee. She believed it should be continued and discussed by the full Council. Finn agreed that it should be discussed by a full Council. He was concerned they would reach a point if they proceeded at this time with this contract where they would not be able to turn back. He urged a careful review of the needs and options before moving forward. Dauber commented that she was embarrassed by this discussion. Council, at an earlier meeting, had directed the City Manager to send out requests for proposals for this project and four firms had responded. MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Dauber and failed by the following roll call vote to authorize the City Manager and City Attorney to negotiate a contract with BSA Architects for preliminary architectural services for Town Hall. AYES: Mayor Dauber and Councilmember Johnson NOES: Mayor Pro Tem Finn and Councilmember Casey This item was continued. 4.4 Acceptance of Eshner Court subdivision improvements—Lands of LeFevre, Altamont Road—Reso# The City Manager reported that the fence issue had been resolved and the subdivision improvements had been completed. The Planning Director had inspected the fence on 3/15/00 and the fence as required in the conditions was open in part to allow wildlife. Tom LeFevre, applicant,responded to inquiries from Dauber concerning the straw bales and drainage issues. He noted that they were in place to reduce erosion on the pathway and would be rechecked during the dry season. He also noted that when these bales were removed was up to the City Engineer. Concerning the fence, he commented that sections of the chain link fence had been removed to meet the condition requiring access for wild life. Mr. LeFevre stated he was not aware of the issue of water draining into the phone box and the City Engineer noted that he would contact Pacific Bell directly about this situation. • March 16, 2000 Regular City Council Meeting 3 • Nobuko Cleary, 26410 Silent Hills Lane, made the following statement to the Council concerning the LeFevres' property. She stated that the flooding of the Pacific Bell underground phone box located at the intersection of Eshner Court and Altamont Road was caused by water runoff coming into the box that was located in the LeFevre Subdivision. The watershed was located near the boundary of the Chens. She further stated that they had the only phone located inside of the LeFevre Subdivision and one of the conditions of approval for the LeFevre Subdivision was to assure that their utilities would be intact before the subdivision was approved. She did not feel the problem had been solved since their phone lines had been out several times even with the underground connection nor did she feel the problem would be solved until the watershed was diverted away from the underground telephone box. Mrs. Cleary stated that these outages always occurred during the rains and the flooding also affected their security alarm system. She noted that they would be glad to work with the Town to remedy this situation. Mrs. Cleary also addressed the fence issue and stated that they would prefer no fence at all but the proposed fence with sections removed was unsightly and served no real purpose other than to vex and annoy them. Anthony Ley, 26850 Ortega Drive, did not believe the fence should have been put up in the first place. He also commented that while the removal of the fence sections might meet the letter of the law it certainly did not meet the intent. Harry Price, applicant's attorney, commented that the LeFevres and their neighbors the • Clearys had been involved in three lawsuits and attempted resolution of the differing opinions was ongoing. Johnson stated that he was not pleased with the resolution of this fence issue. He thought the fence was ugly and the LeFevres could have arrived at a better, more neighbor friendly solution. Dauber concurred with Johnson's comments. Finn hoped that when this lot was sold the new neighbors and the Clearys would be good neighbors. Casey noted that the LeFevres' fence met the definition of fence as stated in the Town's Code. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to adopt Resolution #18-00 accepting the Eshner Court Subdivision Improvements, Parcel Map 711, Maps 49-50, Lands of LeFevre. 5. UNFINISHED BUSINESS 5.1 Discussion of privacy issues related to parcel data base information available on the Town's Webpage Casey and Dauber expressed their concerns about the privacy issue. Dauber noted that the information on the parcel data base was not current and Casey commented that the parcel March 16, 2000 Regular City Council Meeting 4 data base had beena ut on the webpage with no input from residents. The did not believe p pg p Y • that everyone would agree that all of this information should be so easily accessible. Finn and Johnson did not agree stating that all of the information on the parcel data base was public information and available through other sources. Michael Scott, 27856 Black Mountain Road, asked about the process of putting the parcel data base on the webpage and commented that he believed it was an inadequate program. Mr. Scott noted that the parcel data base for one thing did not differentiate between owner or renter and also included incorrect data. He raised the issue of privacy and stated that he did not believe it was necessary to have this information so readily available on the webpage. Jim Abraham, 12831 Viscaino Road, believed it was important that the information on the parcel data base be correct. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Dauber and passed by the following roll call vote to remove the parcel data base from the webpage. AYES: Mayor Dauber and Councilmembers Casey and Finn NOES: Councilmember Johnson 5.2 Approval of charges for the newly established Investment Committee • PASSED BY CONSENSUS: To approve the following description and charges for the newly established Investment Committee: The Investment Committee will be made up of five members. The committee will serve as an advisory body to the Council on matters related to the Town's cash reserves. The committee will recommend investments to protect capital, provide adequate liquidity and generate market returns. All investment recommendations will be approved by the Council. The City Manager will execute investment decisions. Members will elect a chair. The chair will serve as liaison to the Finance Committee and the chair of the Finance Committee will serve as liaison to the Investment Committee. Members will serve four year terms and will serve for no more than two consecutive terms. The committee will determine the frequency of meetings and will make regular reports to the Council. Members will meet at least one of the following minimum qualifications: (1) treasurer of a public corporation with five years experience; (2).investment officer of a F.D.I.C. member institution with five years experience; (3:) money manager specializing in corporate and government agency issues with a minimum of ten years experience. The committee will develop a specific mission statement in keeping with the Council's expectations. PASSED BY CONSENSUS: To direct the City Attorney to amend Resolution #12-99 establishing standing committees and adopting general and special rules pertaining thereto to include the Investment Committee and to further amend the resolution to show that all committee appointments shall be for four years instead of the current two year terms and • committee members shall serve for no more than two consecutive terms. March 16, 2000 Regular City Council Meeting 5 Council agreed that the City Clerk should place an ad in the Town Crier requesting volunteers for this committee as well as placing it on the Town's webpage. In addition both the Civic Association and Hills 2000 could place it on their webpages. 5.3 Approval of policy on Council Initiated Items for agendas MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn, and passed unanimously to adopt the following policy on placement of items on Council Meeting agendas by Councilmembers: "Councilmembers wishing to place items on the agenda will forward them to the City Clerk or directly to the City Manager. The City Manager will determine where the items will be placed on the agenda. If the City Manager decides that there is sufficient information and staff time available to produce a complete staff report, the item will be placed under `New Business'. Other items will be placed under `Council-Initiated'. Discussion of such Council-Initiated items will be limited to determining: a) if and when the Council wishes to agendize the item for discussion and action; b) what information should accompany the item when it is agendized; and 3) whether the City Manager should have a staff report prepared. More extensive action on Council-Initiated items may be taken by the Council if: a) there is Council consensus that no additional information is necessary; or b) the Council wishes to treat the item as an urgency time-related issue." • 6. NEW BUSINESS 6.1 Approval of amendment to contract with Purissima Hills Water District— Reso # The City Manager noted that the proposed amendment included the following two clauses: 1) a clause allowing Town-initiated termination of the lease and 2) a clause for an inflationary adjustment in the rent paid to the Town. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to adopt Resolution #19-00 approving and authorizing execution of first amendment to lease between the Town of Los Altos Hills and the Purissima Hills Water District. 6.2 Santa Clara County Cities Association---Legislative Task Force MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to appoint Councilmember Casey as the Town's representative on the Santa Clara County Cities Association Legislative Task Force. • March 16, 2000 Regular City Council Meeting 6 • 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Utility and Information Systems Committee Evan Wythe, member of the Utility and Information Systems Committee, stated that the committee had had conversations with MCI and TCI on cable and internet access. He asked that Council advise their committee if there was a change in the status of the current cable provider for the Town. Dr. Wythe also noted that they would be bringing a report to the Council on the issue of televising council meetings. Council asked that the City Manager arrange for representatives of Sun Country Cable to attend a Council Meeting and give a status report on their agreement with the Town. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Purissima Path Improvement Project The City Manager reported that staff expected to bring a contract to the April 6th Council Meeting for the Purissima Path Improvement Project. • 8.1.2 County Household Hazardous Waste Program The City Manager noted that a revised agreement for the County Household Hazardous Waste Program would be coming before Council for approval at their 4/6/00 meeting. 8.1.3 Town Hall Building Committee The City Manager suggested that Council reconstitute the Town Hall Building Committee to include two Councilmembers, one Planning Commissioner, one at large member appointed by each Councilmember, members of the earlier Town Hall Building Committee, and representatives from the Utility and Information Systems Committee and Environmental Design and Protection Committee. This committee would work with the architect on the Town Hall project. Council stated that since they had continued this project for further discussion earlier in the meeting,they believed the formation of such a committee would be premature. 8.1.4 Sprinklers The City Manager commented that he had spoken with the Fire Department about the requirement for sprinklers and would be bringing the matter back to Council if necessary. • March 16, 2000 Regular City Council Meeting 7 8.1.5 Sheriffs Department The City Manager noted that he was working on dates with the representatives from the Sheriff's Department to schedule an early meeting (5:00 p.m.) with Council to discuss issues of mutual interest. 8.1.6 April 20, 2000 City Council Meeting The City Manager reminded Council that the April 20th meeting had been cancelled. 8.2 City Attorney 8.2.1 Election Results The Acting City Attorney reported that the Town's certification of results, declaration of winner and installation of new councilmember must occur no later than the second Tuesday following the City Clerk's receipt of the official canvass from the Registrar of Voters Office. 8.3 City Clerk 8.3.1 Report on Council Correspondence • Council referred to an email from Betsy Bertram sent to the City Clerk asking the Council to pass an ordinance banning election signs. A discussion followed on whether this was an appropriate discussion at the Council level or whether the issue should be left up to the candidates. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed by the following roll call vote to-agendize the issue of election signs for the next Council Meeting. AYES: Mayor Dauber and Councilmembers Finn and Johnson NOES: Councilmember Casey 9. COUNCIL-INITIATED ITEMS 9.1 Legal Opinions (Mayor Dauber) Dauber referred to the City Attorney's legal opinion on the rights of easement holders and suggested that the City Clerk add a section on legal opinions to the Council policy folder so that these opinions would be readily accessible. Council agreed with this suggestion. • March 16, 2000 Regular City Council Meeting 8 9.2 Ordinance Revisions (Mayor Pro Tem Finn) Finn referred to the earlier discussions concerning the LeFevre Subdivision and asked what the status was of the ordinance revisions to prevent allowing such irregular lots in the future. The Acting City Attorney stated he would check on the status. 9.3 Heritage Oak on Montgomery Property(Councilmember Casey) Casey asked who removed the heritage oak on the Montgomery property? The City Manager responded that staff did not but he would look into the matter and report back to Council. 9.4 Policy on Planning Commissioners speaking at Council Meetings (Councilmember Casey) Casey referred to her request at the 2/17/00 Council Meeting that the policy be brought to Council stating that Planning Commissioners could not address the Council on projects they had heard and that this policy be sent to the Planning Commission. 10. PRESENTATIONS FROM THE FLOOR Jim Abraham, 12831 Viscaino Road, addressed the issue of Pacific Bell's project of putting • in overhead cable lines on Viscaino. Mr. Abraham noted that not only was this unsightly but unnecessary since Pacific Bell had underground cables there. He further noted that it was impossible to reach anyone at Pacific Bell to talk to and he understood they should be contacting the Town before starting such projects. Futhermore, Mr. Abraham recommended that the Town should own the underground cable lines rather than Pacific Bell or PG&E thus giving the Town control of the lines. Council suggested that representatives from Pacific Bell be invited to attend the next Council Meeting to report on these issues. Karen Doherty, Los Altos, addressed the Council on the issue of coded positions at the Los Altos Library. She had worked for two years at the library as a part-time permanent employee. She believed she deserved a permanent job and one that had benefits. Linda Curtis, Mountain View, also worked at the library in a non-coded position. She concurred with Ms. Doherty that they should be given coded status and benefits. Dauber commented that the Library Joint Powers Authority was working on this issue and the County had resolved the issues with the unions. Clyde Noel, Los Altos Town Crier, reported that he had just received a final vote count from the Registrar of Voters Office showing Emily Cheng 1801 votes and Jim Steiner 1763 votes. March 16, 2000 Regular City Council Meeting 9 11. PUBLIC HEARINGS 11.1 Request to approve a site development permit for a new residence and variance to allow development area to exceed the maximum allowable, Lands of Spreen, 11970 Rhus Ridge Road Casey stated that she had appealed this application because she did not think that these lots of one acre but with a lot unit factor of less than one should be managed by variances. She did believe the ordinances should be changed and when they were the decision should be retroactive so that homes such as this one would not show a variance on the property. Casey also did not believe it was legal to base a variance finding on comparison with other lots. These findings should be based individually on the lot being reviewed. Mr. Spreen, applicant, thanked everyone who had helped them with their project. He noted that it was actually two parcels but a constrained lot and the driveway was problematic. He would like to limit the width of the driveway to 12' rather than 14' in order to save the oak tree. In addition if at all possible they would also like to get an additional 200—300 square feet approved for decking. Mr. Spreen commented that the neighbors all supported their project. • PASSED BY CONSENSUS: In condition of approval #5, amend to read: ". . . ..Lighting shall be down shielded, or have frosted glass, low wattage, . . ."; condition #7, second sentence should read: "No lighting may be placed within skylight wells."; the variance findings as proposed by Jim Miliksi & Associates, architect for the project, in his letter dated 11/9/99 shall be used rather than those submitted by staff. In addition Council directed that the staff contact the fire department to ascertain the minimum width of driveway required and what kind of natural materials could be used on the sides of the driveway to achieve their goal of a driveable surface for fire trucks and the Town's goal of more natural surfaces. By doing this the used development area on the Spreen's project will be reduced thereby allowing them to save the oak tree and have allowable square footage for decking. PASSED BY CONSENSUS: To agendize a policy from the fire department on widths of driveways and acceptable natural materials. PASSED BY CONSENSUS: Council agreed for purposes of clarification to direct the planning staff to list the standard conditions for project separately. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve a site development permit for a new residence and variance to allow development area to exceed the maximum allowable, Lands of Spreen, 11970 Rhus Ridge Road, subject to the variance findings and conditions of approval as amended by • Council. March 16, 2000 Regular City Council Meeting 10 11.2 Request for a site development permit and a conditional use permit for a new residence and carport, and variances to exceed the maximum development and floor areas, to allow parking within the front setback, and grading within ten feet of the front and side property lines, Lands of Humble, 14475 Liddicoat Circle Mr. Humble, applicant, addressed the Council concerning his application. He noted that the proposed project fit into the environment and he had the neighbors support. He would ask Council however to consider allowing him 6,655 square feet of development area so he could have a deck rather than the 5,700 approved by the Planning Commission. In addition he would request being able to have a garage rather than a carport as he believed this would visually be more pleasing. Mr. Humble asked that condition #20 requiring a conservation easement be deleted so that he could at least put in a lawn and that condition#21 requriring paths be modified because he did not feel it made any sense since the path did not connect. Les Earnest, member of the Pathway Parks and Recreation Committee, noted that the pathway adjacent to Highway 280 was part of the revised path plan approved two years ago. He further noted that although segments of this path had been acquired, the path will not be put in unless Stanford grants an access to their lands. Johnson commented that this was a highly inconspicuous house. The project had the • support of the neighbors and if a deck were allowed it could hardly been seen. Dauber concurred with Johnson noting that this lot was inconspicuous. She did note however that such a comment was a subjective evaluation. The Planning Commission when reviewing this project had been objective. She believed Council needed to decide if all applications should be objectively reviewed or reviewed allowing some subjectivity. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to delete condition #20 requiring that the property owner shall grant a conservation easement to the Town over all undeveloped portions of the property below the building site where the slope was 30% or greater, and contiguous areas below to the 280 right of way. AYES: Mayor Pro Tem Finn and Councilmembers Casey and Johnson NOES: Mayor Dauber MOTION SECONDED AND FAILED: Moved by Casey, seconded by Finn and failed by the following roll call vote to eliminate the section of condition #21 requiring the applicant to dedicate a ten foot wide pathway easement along the lower portion of the site adjacent to 280. AYES: Mayor Pro Tem Finn and Councilmember Casey NOES: Mayor Dauber and Councilmember Johnson -s March 16, 2000 Regular City Council Meeting 11 • MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to amend condition #21 to require a path in lieu fee rather than construction of a type IIB path along Liddicoat Circle. AYES: Mayor Pro Tem Finn and Councilmembers Casey and Johnson NOES: Mayor Dauber PASSED BY CONSENSUS: To amend condition #2 to require the planting of 15 gallon trees rather than 36"box trees along the western property line. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to approve the request for a site development permit and a conditional use permit for a new residence and carport, and variances to exceed the maximum development and floor areas, to allow parking within the front setback, and grading within ten feet of the front and side property lines, Lands of Humble, 14475 Liddicoat Circle, based on the findings as recommended by the Planning Commission and subject to the conditions of approval as recommended by the Planning Commission and amended by Council and further granting the requests of the applicant for 6,655 square feet of development area and a garage. • 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:55 p.m. Respectfully submitted, Patricia Dowd, City Clerk The minutes of the March 16, 2000 Regular City Council Meeting were approved at the May 4, 2000 City Council Meeting. March 16, 2000 Regular City Council Meeting 12