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HomeMy WebLinkAbout02/18/1999 Minutes of a Regular Meeting February 18, 1999 Town of Los Altos Hills City Council Regular Meeting Thursday, February 18, 1999, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Johhnson called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Johnson and Councilmembers Casey, Dauber,Finn and Siegel Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams,Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Carol Tiegs,Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS • 2.1 Presentation by Sheriff Laurie Smith The City Manager reported that Sheriff Smith was unable to attend this meeting and her presentation would be agendized for a future Council Meeting. 2.2 Interviews and appointment to the Planning Commission Three applications had been received for appointment to the vacancy on the Planning Commission caused by the resignation of Commissioner Aurelio. Carl Cottrell, 13480 N. Fork Lane,referred to the application he had submitted for Council's information. He believed he had background experience in planning issues which would benefit the Commission and he also stated his love of the Town and interest in making a contribution. Mr. Cottrell supported the use of common sense and a logical approach when dealing with planning issues. Fred Fallah, 12374 Priscilla Lane, referred to his experience as an architect and his knowledge of engineering, planning and zoning issues. He supported working with staff, applicants and other Commissioners toward arriving at a less complicated and more efficient planning process. Sandra Humphries, 26238 Fremont Road noted that she was currently a member of the Town's P Y Environmental Design and Protection Committee and had attended man Council and Planning g Y g Commission Meetings. She expressed her interest in serving on the Commission and believed her experience both professionally and as a volunteer would be of benefit to the Town. • February 18, 1999 Regular City Council Meeting 1 Mayor Johnson thanked all of the candidates for their interest in serving on the Planning Commission. The Council vote for Planning Commissioner was as follows: Casey, Finn and Siegel voted for Cottrell; Dauber and Johnson voted for Humphries. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to appoint Carl Cottrell to the Planning Commission to complete an unexpired term ending on June 30, 2002. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following applications were discussed at the 2/10/99 Planning Commission Meeting: Lands of Yam&To, 10475 Albertsworth Lane: approved request for a site development permit for a new 6,448 square foot one-story residence including an attached three-car garage and a swimming pool; Lands of Wu& Chen, 26998 Beaver Lane: denied request to delete a condition of approval of a Site Development Permit for a major addition and remodel that requires the addition to be stepped with the topography on the site -- appealed-- set for public hearing at the March 4`h Council Meeting; and Lands of Jain, 28510 Matadero Creek Lane: recommended denial of modification of tentative map conditions for Matadero Creek Subdivision to permit development area of 2,272 square feet in excess of the allowable maximum-- set for public hearing at the March 4'h Council Meeting. 4. CONSENT CALENDAR • Item Removed: 4.1 (Dauber) MOTION SECONDED AND CARRIED: Moved by Finn, seconded by Dauber and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $335,019.23 (1/29/99 -- 2/11/99) 4.3 Accepted Colina Drive as a public street--Reso#6-99 4.4 Accepted Edgerton Road Median Slope Stabilization Project as complete -- Reso#7-99. Item Removed: 4.1 Approval of Minutes: February 3, 1999 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed by the following roll call vote to approve the minutes of the February 3, 1999 City Council Meeting with the following corrections: page 2,Item 4.1 change the correction to Item 2.2 of the 1/20/99 minutes to state ". . . .to reflect the written vote of the Councilmembers taken at the meeting which was Councilmembers Casey,Finn and Siegel voting for Barbara Lamparter and Mayor Johnson and Mayor Pro Tem Dauber voting for Barbara Vetterlein."; page 3, Item 8.1.1 add the sentence "Council agreed with the City Manager's request."; and page 6, first paragraph, add the following sentence after "Finn suggested. . . .certain applications.": "Dauber suggested that the condition could be made less subjective by assigning specific numbers to the MDA and MFA but • sensed that the applicant would probably prefer the flexibility in the current statement." February 18, 1999 Regular City Council Meeting 2 AYES: Mayor Pro Tem Dauber and Councilmembers Casey, Finn and Siegel NOES: None ABSTAIN: Mayor Johnson 5. UNFINISHED BUSINESS 5.1 Discussion of status of ownership of Dezahara Drive The City Manager referred to his staff report on the status of Dezahara Drive as well as information from a 1987 Council Meeting. At that meeting Council directed the City Attorney to prepare the appropriate documents accepting the offer of dedication on all of the streets listed in a 6/23/87 report with the exception of Corbetta Lane and Francemont. Dezahara was listed in this report but Town records show that these follow up documents were not prepared. The City Manager also raised the issue of the palm trees and whether they should be removed at the Town's expense or at the owners expense and the issue of the road right of way. The right of way width was 50 feet wide on the two portions of Dezahara that connect to Taaffe at a perpendicular angle and the portion of Dezahara that paralleled Taaffe had a 40 foot wide right of way width. Betsy Bertram, 11854 Page Mill Road, suggested making the road right of way uniformly 50 feet wide. Sandra Humphries, 26238 Fremont Road, commented on the issue of the palm trees,their placement and options for removal. • Bob Serventi, 26884 Dezahara, commented that certain easements along the back of their property had also been abandoned and he asked that Council state support of these past actions. Council concurred with Mr. Serventi. Michael Thomas, 27033 Dezahara,referred to his letter concerning the designation of Dezahara as a public street and the responsibility for removal of the palm trees which were in front of their house. They were in the process of selling their home and it was important that the status of Dezahara was clear as well as the responsibility for removing the trees. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to remove the palm trees on Dezahara at the Town's expense. AYES: Mayor Johnson and Councilmembers Casey, Finn and Siegel NOES: Mayor Pro Tem Dauber Dauber stated that she felt the removal of these trees should be handled the same as any other trees in the public right of way. The Town ordinances state this is the adjacent homeowner's responsibility. Council did want the residents on Dezahara to know that the palm trees would be removed when Dezahara was worked on but this would not be a high priority. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to keep road right of ways on Dezahara as they currently were even if the properties along the 40 foot right of way were developed in the future. February 18, 1999 Regular City Council Meeting 3 AYES: Mayor Johnson and Councilmembers Casey, Finn and Siegel NOES: Mayor Pro Tem Dauber Dauber stated that this was going against existing policy and she supported being consistent. Siegel commented that the road right of way policy was part of the Circulation Element and this policy needed to addressed and finalized. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to accept Dezahara as a public street and to direct the City Attorney to prepare a resolution on this for adoption at the next Council Meeting. Dauber asked if Council should accept all of the streets listed in the 6/23/87 report as public. It was agreed that since this was not agendized for this meeting Council would direct the City Manager to review the list of streets and report back to Council. 5.2 Discussion and Prioritization of Goals and Objectives Council discussed the City Manager's report(dated 2/3/99 on file at Town Hall)which included a list of all projects including adopted objectives for the year as well as other projects in progress and suggested projects. The report also included estimated levels of staff involvement and time frames for the completion of these projects. As requested by Council,the report listed staff recommended priorities. Casey and Finn believed Council needed more information than was provided in this report. In order to measure performance and success of goal objectives,they recommended more specific time frames for completion of projects. The report before them now was ambigous and included no accountability. Dauber did not believe that staff needed to be • micromanaged. In response to this comment, Finn stated that they hoped to empower staff not micromanage them. Dauber supported the staff s list of priorities and recommended that if a project was added another one needed to be removed. Casey stated that she had certain priorities but felt more information was needed before Council could reasonably make their decisions. She also stated that in her opinion projects that had the highest impact on the residents should be high priority. Her priorities included in part the issue of the color board,the review of the off-road pathways and the improvement/expansion of recreational programs for Town residents. Council agreed that this last project could be sent to the Pathways, Parks and Recreation Committee for initial study and review. Casey noted that she would send them information and comments she had received from residents during the election on this issue. Another issue that Council agreed to send to the Pathways Committee for study was the investigation of alternative materials for paths alongside roads. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed by the following roll call vote to approve the staff recommended list of priorities as follows: Planning-Land Use Element, Housing Element Implementation, Parcel Data Base, Development Review Process Revisions,Packard Use Permit Ordinance, Revision to Matadero Creek Conditions; Public Works: Graphical computer map of the pathway system, develop a long-range sewer master plan; Engineering: Capital Improvement Coordination, Design and Administration; Finance: Preparation of the 1999-2000 operating budget, update the Town's investment policy; Administrative: Assess fire flows and development policies, revision of debris box rates, prepare for,test and resolve Y2K problems, enhancements to the Town's web page, develop conceptual plans for the remodel or reconstruction of Town Hall. AYES: Mayor Johnson and Councilmembers Dauber and Siegel NOES: Councilmembers Casey and Finn February 18, 1999 Regular City Council Meeting 4 Casey and Finn voted no because they did not feel all of the residents'priorities had been included in this approved list of goals and objectives. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed by the following roll call vote to add the circulation element implementation(Planning) to the approved list of priorities. AYES: Councilmembers Casey, Finn and Siegel NOES: Mayor Johnson and Mayor Pro Tem Dauber PASSED BY CONSENSUS: To direct the City Manager to agendize for the March 18' Council Meeting a detailed report including hourly estimates for the completion of projects. 5.3 Establishment of Utility and Information Systems Committee including approval of charges and goals and membership number; and termination of Technology Improvement Committee Council discussed the proposed charges, goals and membership of this new committee. PASSED BY CONSENSUS: To approve the following charges, duties and membership number for the newly established Utility and Information Systems Committee. In addition Council agreed to schedule interviews for this committee at the March 18' Council Meeting. The City Clerk was further directed to place an ad in the Town Crier with information on the committee and the interview schedule. • The membership of this committee shall consist of eight(8)members including, whenever feasible,professionals with experience in information technology,underground utilities, communication systems and public works. Two subcommittees shall be created out of the eight appointed members to work, in a coordinated way, on 1)utilities and infrastructure; and 2) applied/integrated information technologies. The charges to and duties of this committee shall be: 1) To study,make recommendations and develop policies.for technological improvements in utilities and integrated information systems. 2) To create and update a long range plan to beautify the natural rural character of the Town by exploring options of undergrounding utilities where feasible. 3) To create and update a long range plan to improve the technology for communication with residents on Town government activities and to facilitate resident input. 4) To identify cost factors associated with technological improvements and determine cost effective implemention and funding sources. 5) To assist the City Council and staff through presentations at meetings. 6) To interface with the community on issues related to cable tv, PG&E,water and phone. 7) To explore the possibility of televising Council Meetings. • February 18, 1999 Regular City Council Meeting 5 Council also discussed the issue of cable tv and agreed that the Council Subcommittee on the Utility and Information Systems Committee (Casey and Finn)would arrange a meeting with a representative from Sun Country to discuss issues related to cable tv in the Town. In addition public input on cable tv issues would be received at the March 4'and March 18" Council Meetings with notification of these meetings mailed to each resident. At the March 18"'meeting representatives from Sun Country would be present to address issues, questions, concerns, etc. 6. NEW BUSINESS 6.1 Request from the Board of Supervisors for Town participation on a Complete (Census) Count Committee MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously to not participate on the Complete Census Count Committee due to the unique demographic composition of the Town and to request the Mayor to send a letter to Supervisor McHugh stating this decision. 7. REPORTS FROM COMMITTEES, SUB-COMMITTEES,AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Report from Council Subcommittee (Johnson and Casey) on Planning Commission enhancements and fast tracking system for certain planning applications Council discussed the subcommittee's recommendation that an interim ordinance be prepared to • address enhancements and a fast track process. This interim ordinance would be for a trial period of about six months and after a determination at that time as to how the process was working a permanent ordinance could be adopted. This interim ordinance would require four votes of the Council. An alternative would be to not adopt an interim ordinance but rather to proceed with the usual ordinance process of Planning Commission and Council public hearings. The following enhancements were scheduled for further review by the subcommittee and staff was preparing specific language for the subcommittee: 1)A Council ordinance (or resolution) addressing the scope of the Planning Commission review,to limit focus on siting and visibility issues, and not architectural or design features such as windows, chimneys, skylights, etc.; and 2) Code modifications to require findings for the reduction of height, MDA or MFA below the q g g allowable or to increase setbacks above the minimum required. The following is an outline of the proposed fast-track review process (staff with Council consent): 1. New residences/major remodels which: a. do not require variances or conditional development permits; b. conform with codes and policies, as determined by staff, c. have no substantiated neighborhood opposition; and d. the applicant accepts all conditions of approval in writing. February 18, 1999 Regular City Council Meeting 6 • 2. Staff process: a. story poles in place prior to notice being mailed; b. notice to all owners w/i 500 feet,when substantially complete application; c. staff schedules site development hearing for early evening (5:00 p.m.); d. Environmental Design and Pathways Committees invited to hearing; e. Planning Director must conduct hearing,not delegate to other staff; f. staff approval if resolution of issues with neighbors and conformance with all policies and codes; g. staff qualified approval if limited neighborhood opposition determined to be unreasonable or irrelevant(note opposition in decision); h. applicant must agree in writing to conditions of approval. 3. Council consent: a. notice of approval and Council date to all neighbors and applicant; b. Council consent calendar minimum of 10 days after approval; c. appeal of staff approval goes directly to Council; d. if appealed, Council sets hearing date; Council decision final. 4. Referral to Planning Commission: a. staff referral to Planning Commission if substantive neighborhood issues not resolved, or if not consistent with codes or policies; b. variances, conditional development permits go directly to Planning Commission. • Dauber supported putting the story poles in place prior to notices being mailed and she also supported Siegel's memo which outlined how story poles were placed in Carmel. She did not however understand how the proposed fast track process would save time. The way she understood it an applicant could go through as many as three public hearings. Siegel commented that according to this proposal almost every application would be fast tracked. The Planning Commission could meet only once a month due to its lessened work load but the Planning Director would be taking on much more responsibility. Siegel supported fast tracking specific applications such as those that were one story or those that had reserved enough of their development area for a secondary dwelling. Casey and Finn supported the fast track proposal stating that it would save time and by implementing it for a trial period the Town would be able to obtain a lot of information on what worked or not. Council directed the subcommittee to continue working on this fast tracking system and to bring the item back for Council discussion at the March 18'meeting. 8. STAFF REPORTS 8.1 City Manager 8.1.1 Fire District/Town/LAGCO Contract Update for Yard Work Disposal The City Manager reported that the contract between the Fire District, Town and the Los Altos Garbage Company concerning the continuation of the yard waste pickup at Foothill College was scheduled for discussion at the 2/22/99 Fire District Meeting. The City Manager further noted that after that meeting he would be bringing the issue back to the City Council for discussion. February 18, 1999 Regular City Council Meeting 7 8.1.2 Fire Hydrants The City Manager stated that Stu Farwell would be presenting an update to the Fire District at their 2/22/99 meeting on fire hydant water flow. A meeting was also scheduled with the Purissima Hills Water District. After these meetings the matter will be agendized for Council review. 8.1.3 Email The City Manager commented that staff s email addresses were now available. In addition the transition for the webpage from the Town Crier to inhouse should be completed within a week. The City Attorney was working on policies for both email and the webpage. 8.2 City Attorney 8.2.1 Fair Political Practices Commission The City Attorney reminded Council that on March 4"' she would be attending the hearing in Sacramento on conflict of interest regulations pertaining to small jurisdictions. Casey stated that she would like to attend this meeting but go up the night before. Council concurred with this request. 8.3 City Clerk 8.3.1 Report on Council Correspondence • 9. COUNCIL-INITIATED ITEMS 9.1 April Council Meeting Schedule (Mayor Johnson) Council discussed conflicts with the April Council schedule. The April 1"meeting conflicted with a Jewish holyday. Dauber also pointed out that the meeting scheduled for the 15'was right after a PlanningCommission meeting on the 14"'. She noted that in certain months this was g going to occur and would be very difficult on staff. Possible date changes were discussed but it was agreed to defer a decision until the March 18" Council Meeting. At that time Council would have a better idea of what would be on the agendas and the schedule could be rearranged. 9.2 Finance Committee (Councilmember Casey) Casey stated that since she recently accepted the position of Council liaison to the Pathways Committee she would like to ask.Mayor Pro Tem Dauber to assume the position of Council liaison to the Finance Committee which they had been sharing. Council agreed with this change. 9.2 Discussion on how to address color board(Councilmember Casey) Council agreed to continue this item to the March 18"' Council Meeting and at that meeting schedule it as an item of New Business for discussion. 10. PRESENTATIONS FROM THE FLOOR _ Soren Johnson, 13600 Golden Hill Court, referred to his January letter in which he stated his opposition to the Town's requirement that a homeowner maintain the Town trees along their property. He asked that this matter be agendized for Council discussion. February 18, 1999 Regular City Council Meeting 8 i Stacy Wagner, representing Assemblymember Ted Lempert's office, invited Council and others present to a pancake breakfast the Assemblyman was hosting at Hillview. Ms. Wagner distributed flyers with the details of this event. Betsy Bertram, 11854 Page Mill Road, asked if the Council was considering changing the height limitations on homes. She thought the houses were too big oftentimes with huge first floors,too large for the lot and too close together. At Council's suggestion, she said she would write a letter to them with the details of her concerns 11. PUBLIC HEARINGS 11.1 Request for approval of a two-lot subdivision of 4.48 acres and proposed mitigated negative declaration,Lands of Denny,25400 La Loma Drive (continued from the February 3, 1999 City Council Meeting) Mr. Denny, applicant, referred to his comments made at the last Council Meeting. He still did not agree with including the following statement in the conditions of approval: ". . development of Lot B may be restricted and the maximum floor and development areas may not be achievable." In addition he reiterated his understanding that his contract for demolition included the recycling of those construction materials. Warren Whaley, applicant's engineer,presented an additional map which showed the use of the maximum numbers without going into the sensitive areas on Lot B. Paul Norton, applicant's realtor, stated that he was purchasing Lot A and planned to live there • and he was the realtor for Lot B. He concurred with Mr. Denny's comments and urged the protection of the property owner's rights. Dauber recommended adding a condition of approval stating that any substantial demolition materials would be recycled as much as possible. Siegel recommended imposing the same condition on this project as imposed on the Rogez project concerning recycling of demolition materials. This condition stated that "the applicants shall submit a plan for the recycling of _ building materials from the structures and other improvements to be demolished. The plan shall be approved by the Planning Director and the City Engineer, and materials from the demolished structures shall be recycled in accordance with the approved recycling plan." Casey did not agree Siegel's suggestion. She noted that staff was already overloaded and thought this added level of staff involvement was counterproductive. Mr. Denny, applicant, agreed with Dauber's suggestion. He believed Siegel's suggestion would result in additional costs and time delays. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Finn and passed unanimously to add a condition stating that "Any substantial demolition materials shall be recycled as much as possible". Y p MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to direct the Planning Director to prepare appropriate language for the design guidelines and standard conditions of approval for subdivisions and site development permits stating that substantial demolition materials shall be recycled as much as possible. • February 18, 1999 Regular City Council Meeting 9 Casey referred to condition number 8 which stated in part that a conservation easement shall be • granted over the area below the driveway on Parcel B that contains stands of heritage oaks and slopes of 30% or greater. She did not agree with including the area containing stands of heritage oaks. Casey noted that the Town already had ordinances in place to protect the heritage oaks and a conservation easement would prevent the owner from placing even a bench or a gazebo in that area. She supported including the areas of slopes of 30% or greater but believed including stands of heritage oaks negatively affected the owner's rights. Dauber believed this issued a warning to the owners that the trees were valuable and should be protected. MOTION SECONDED AND FAILED: Moved by Casey, seconded by Finn and failed by the following roll call vote to delete the reference to 'stands of heritage oaks' in condition#8. AYES: Councilmembers Casey and Finn NOES: Mayor Johnson and Councilmembers Dauber and Siegel Council discussed condition 29a which stated in part that the development of Parcel B may be restricted and the maximum floor and development areas may not be achievable. Johnson noted that the Planning Commission could lower the development and floor area numbers if justified and if appropriate findings could be met. He thought that including this language in the conditions was ambiguous. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to change the second sentence of condition 29a to read: Because of site constraints including setback requirments, conservation easement, an old landslide, steep slopes and significant oak trees,Parcel B is not subdividable." In addition, Council directed that this statement be placed on the parcel map. • MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Finn and passed unanimously to adopt the mitigated negative declaration and mitigation monitoring program for Lands of Denny at 25400 La Loma Drive; to make the findings as stated in the 2/3/99 staff report in Attachment 2A)required by Section 66474 of the Subdivision Map Act for the approval of the tentative map; to make the findings (as stated in the 2/3/99 staff report in Attachment 2B) for the granting of a pathway easement; and to approve the tentative parcel map for a two lot subdivision subject to the conditions of approval as recommended by the Planning Commission and amended by Council. 11.2 Request for a site development permit for a 5,311 square foot new residence (maximum height 27 feet), including an attached three-car garage, Lands of Srinivasan, 27835 Lupine Road(continued from the February 3, 1999 City Council Meeting) This public hearing was continued to the March 4, 1999 City Council Meeting at the request of the applicants. 12. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL -ANTICPATED LITIGATION: GOVERNMENT CODE SECTION 54956.90 - INITIATION OF LITIGATION-- ONE CASE: ROOF COLOR, 12840 LUCERO LANE B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - CITY MANAGER: PURSUANT TO GOVERNMENT CODE SECTION 54957. • February 18, 1999 Regular City Council Meeting 10 Council adjourned to a Closed Session regarding anticipated litigation and personnel at 11:15 p.m. and reconvened at midnight. Council returned to open session to report, if necessary, any action taken. 13. ADJOURNMENT There being no further new or old business to discuss,the City Council Meeting was adjourned at midnight. Respectfuylly-sub)m'tted, Patricia Dowd City Clerk The minutes of the February 18, 1999 Regular City Council Meeting were approved at the March 4, 1999 City Council Meeting. w February 18, 1999 Regular City Council Meeting 11