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HomeMy WebLinkAbout01/07/1998�Iw Minutes of a Regular Meeting January 7, 1998 Town of Los Altos Hills City Council Regular Meeting Wednesday, January 7, 1998, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER AND ROLL CALL Mayor Casey called the Regular Meeting of the City to order at 6:00 p.m. in the Council Chambers at Town Hall. Present: Mayor Casey and Councilmembers Dauber, Hubbard, Johnson and Siegel 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 Appointment to Finance Committee Katherine Stella, 27975 Via Ventana, expressed her interest in serving on the Town's Finance Committee and also noted that she would continue on as a member of the Town's Pathways, Recreation and Parks Committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and passed unanimously to appoint Katherine Stella to the Finance Committee for a two-year term. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following applications had been discussed at the 12/10/97 Planning Commission Meeting: Lands of Loughmiller, 25309 La Loma Drive: request for a site development permit for a new residence, a lot merger, variances to allow grading within ten feet of a property line and to exceed the allowable development area, and a request for annexation - recommended approval; Lands of Wheatley, 26644 Purissima Road: request for a site development permit for a new residence - approved; and Lands of Zatparvar, 26170 Fremont Road: request for approval of a two -lot subdivision and proposed negative declaration - recommended approval. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to add to the agenda as an urgency item the issue of scheduling the Planning Commission Interviews. Casey noted that at the January 21" Council Meeting there were going to be only three Councilmembers; however, she felt it was important to go ahead at that meeting with the January 7, 1998 Regular City Council Meeting interviews for Planning Commission. Hubbard disagreed stating that the thought it was ` important for the whole Council to be present for this important decision. Casey stated that she �Ir believed she would be out of town for the first meeting in February. Council agreed to schedule a special Council Meeting for 6:00 p.m. on Monday, February 2' unless it was determined that the Mayor would be in Town on February 4". If that were the case the interviews would be held at the regular City Council Meeting on February 4'". 4. CONSENT CALENDAR Items Removed: 4.1 (Dauber), 4.2 (Dauber) and 4.7 (Johnson) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.3 Accepted Subdivision Improvements, Lands of Windy Hill Estates — Reso #1-98 4.4 Approved Conditions and a Site Development Permit for a detached garage, minor additions and a major remodel of an existing residence, Lands of Ferrari, 12500 Corbetta Lane 4.5 Issued Proclamation: Vietnamese Community Week: January 30 — February 1, 1998 4.6 Issued Proclamation: Year of the Good Neighbor — 1998 Items Removed: 4.1 Approval of Minutes: November 19, 1997 Regular Meeting MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to approve the minutes of the November 19, 1997 City Council Meeting with the following corrections: Page 3, Item 5.2, first paragraph, last sentence, insert the word `separate' before survey and Page 8, second paragraph, change the words `deed restriction' to `hold harmless agreement'. 4.2 Approval of Warrants: $323,908.65 (11/19/97) $372,510.74 (12/31/97) Dauber noted that the rental on the old finance system was still being paid and she inquired as to how long this would continue. The City Manager responded that the conversion to the new system was in process and when it was completed the rental would end. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to approve the warrants in the following amounts: $323,908.65 (11/19/97) and $372.510.74 (12/31/97). 4.7 Consideration of Subdivision Improvements as complete, Lands of WytheNitu, 13826 Page Mill Road Tim Chown, 13822 Page Mill Road, stated that he did not think that the subdivision improvements had been completed. In particular he referred to the following issues: fire road looks like a road, is not gated and invites traffic; regrading has not been done; the ditch was January 7, 1998 Regular City Council Meeting silted in, not eroded; pipe and sawhorse have not been removed; shoulder needs to be reconstructed; wants input on repairs at time of site development and wants the damage to his property corrected (ponding, loss of grass and lot now not level). Mr. Chown stated that if these sudivision improvements were accepted as completed at this time he would hold the Town responsible. David Ewald, 13830 Page Mill Road, stated that he agreed with Tim Chown. He shared pictures which indicated that the road had been damaged by this project, the fence needed repair and the subdivision work was unfinished. Nancy Bavor, 13816 Page Mill Road, commented that she thought Mr. Chown had valid concerns but she also wanted to see this project completed. Her concern was one of safety especially regarding the fire road and lack of a shoulder. She believed this would result in increased traffic and speeding. Ramona Chown, 13822 Page Mill Road, stated that she had a clear view of Moon Lane and was very concerned about the safety issue of not having a shoulder. The City Manager addressed the issues raised. He noted that the sawhorse and pipe could easily be removed; the ponding on the Chown property could be addressed if not now then under the warranty bond; the fence could be checked; and the Fire Department would check the fire road and the gate. On the subject of the shoulder, he noted that the outside edge had been raised in part therefore the use of a Class 2 aggregate base which was appropriate as this was not a pathway. Dauber inquired about the responsibility for the drainage easement and highly recommended the Town remove the fast-growing pampas grass in that location. She also referred to the shoulder and noted that everyone would like to see a path there but the Town was unable to get an easement as the ownership was unclear. She recommended that the residents along Moon Lane get a road maintenance agreement. Siegel concurred with Dauber stating that more development will occur along Moon Lane. Hubbard did suggest that perhaps the shoulder could have a better transition without too much expense. PASSED BY CONSENSUS: To direct the City Manager to address the following improvements remove pipe and sawhorse; look at fencing; hold pampas grass in check; place lock on fire road; address transition of shoulder; and deal with ponding on Chown property once it dries out and to bring these subdivision improvements back to the Council at their next meeting for acceptance. 5. UNFINISHED BUSINESS 5.1 Approval of Housing Element Summary and Notice PASSED BY CONSENSUS: Council agreed to schedule the public hearing on the Housing Element for February 18" and to send the following notice and summary to all residents in the Town: Los Altos Hills Housing Element Summary Public Hearing Notice The Town's proposed Housing Element of the General Plan will be considered by the City Council on Wednesday, February 18, 1998, at approximately (but not earlier January 7, 1998 Regular City Council Meeting than) 7:00 p.m. in the Los Altos Hills City Council Chambers, at 26379 Fremont Road. The Housing Element is required by State law to show how each city and county in California will attempt to meet region -wide targets for low, moderate, and above moderate income housing. The State's Department of Housing and Community Development (HCD) reviews each proposed housing element and determines whether or not it complies with the statute. The Association of Bay Area Governments (ABAG) established targets for the Town of 224 new residential housing units for the 1988-1995 time period, with 99 of those to be affordable to low and moderate income households. According to State income level criteria, "affordable" units in Santa Clara County would need to rent for not more than $1,088 per month for a family of four to qualify as `low income" and not more than $1,288 per month to qualify as "moderate income". One emphasis of the draft Housing Element is to promote the construction of secondary dwelling units, which are currently permitted by the Town's Zoning Code, subject to certain restrictions. These units can be accommodated on most lots in Los Altos Hills with minimal impacts to neighbors, while providing a source of lower cost housing for rent, or for relatives, domestic workers, or guests. The Housing Element presumes that all secondary units are potentially affordable units, since they are limited to 1,000 square feet in size. Proposed programs in the Housing Element include: 1) an expedited review process for secondary units; 2) reduction or waiver of fees for secondary units; 3) low interest loans for building affordable secondary units; �W 4) for new home construction, reserving allowable floor area on each lot of sufficient size for a secondary unit, or requiring "in -lieu" fees for new home projects that do not include construction of secondary units; and 5) expanded public information regarding the Town's regulations for building secondary units. M The Housing Element indicates that the Town produced close to the total number of housing units targeted by ABAG for the years 1988-1995, but not as many low and moderate income units as specified by ABAG. A stated objective of the Element is that the Town would encourage development of approximately 35 new secondary units to be created in the 1996-1999 time period. If you have suggestions or comments regarding the above programs or about how the Town could better encourage the construction of new second units, please use the form on the opposite side of this notice or come to the hearing to offer your suggestions. If you have questions, please contact Curtis Williams, the Town's Planning Director, at (650) 941-7222. January 7, 1998 Regular City Council Meeting L The Town of Los Altos Hills is interested in your ideas regarding how the Town may best encourage the development of secondary units. Please fill out the form below and mail it to Town Hall, c/o Planning Department, 26379 Fremont Road, Los Altos Hills 94022, FAX it to (650) 941-3160, or come to the hearing on February 18, 1998 at 7:00 p.m. at Town Hall. Thank you for your input. I suggest that the Town encourage second units in the following ways: Name/Address/Phone (optional): Name: Address: Phone: Dauber reminded the Planning Director to add to the goals of the Housing Element review the stipulation that secondary dwellings be subordinate to the main home to avoid the appearance of subdivisions. 5.2 Appointment of the General Plan Committee MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to appoint the following to the General Plan Committee: Bill Siegel (Council), Carol Gottlieb (Planning Commission), Jean Struthers (Environmental Design and Protection Committee), Art Bernstein (Finance Committee), Les Earnest (Pathways Recreation and Parks Committee) and Berm Funk (Safety Committee). (The Chairmen of the Pathways and Safety Committees have agreed to serve on the General Plan Committee until appointments are made by their committees. 5.3 Council consideration of off-road pathway plan process The City Manager noted that at the November 19" Council Meeting, Council had directed the Mayor and City Manager to develop a process for review of the off-road pathway proposals for the Town's Master Pathway Plan and to bring this proposed process back to Council for discussion. The following proposed approach was presented for Council consideration: 1. The City Manager prepares a new map which shows the off-road pathways on the 1981 Master Plan where the Town has acquired all or a portion of the necessary easements for the pathway. (To facilitate January 7, 1998 Regular City Council Meeting �W review, the Pathways Map dated March 1994 would be used as a base map to help the reviewer see where proposed off-road connections would link to existing pathways. An example is attached for your information.) 2. All other proposed off-road paths shown on the 1981 Master Pathway Plan that do not have any easements granted to the Town would be deleted. 3. Off-road pathways which have incomplete easements and have not yet been constructed would be reviewed by the City Council to determine if the planned pathway should be completed or deleted from the plan. The review would be performed at a public hearing on small, manageable subsections of Town, with all affected residents notified of the meeting. 4. Recommendations for a new off-road pathway not shown on the map could be made by a member of the Pathway Committee, the City Council or any resident. The recommendation would be reviewed by the full Pathway Committee to determine if the recommendation was appropriate. If the Committee agrees with the recommendation, the affected neighbors along the proposed pathway alignment would be notified that the Pathway Committee is considering a recommendation for a new off-road path and are soliciting neighborhood input. Once written input was received, the Council would review the resident responses along with the Pathway Committee recommendation and justification for the new path. The Council would then determine whether or not to proceed with the proposal via a public hearing. 5. If the City Council determines to proceed with a proposed off-road pathway proposal, a public hearing would be held to solicit further public input on the path and to make a final determination. All affected residents along the path alignment would be notified of the hearing. Betsy Bertram, 11854 Page Mill Road, commented that the 1981 Master Path Plan was the ultimate wish list and the fact that it is a wish list should clearly be explained to residents. She thought the Town needed to look at this issue logically and the off-road paths should be left in place. She supported step 1; did not support step 2; recommended deleting the phrase "or deleted from the plan" in step 3; hold public hearings on specific paths; and change the wording in step 4 from `new' to `desired'. Gregg Carse, 27125 Taaffe, stated that his easement was required as a condition of his site development permit. He believed such easements were taken illegally and residents should have a say in the process. Sandra Humphries, 26238 Fremont Road, asked what would happen if a path connected to a school but the residents did not want it. Shouldn't the good of the community be considered. Bob Stutz, 25310 Elena, commented on the scenic paths at Taaffe and Edgerton. Carol Gottlieb, 24290 Summerhill, commented on the 1981 Master Path Plan and noted that four years of research was done at that time and the Plan was discussed at both Planning Commission January 7, 1998 Regular City Council Meeting and City Council Meetings. She supported conducting step I in the proposed process as a first step and further believed this tied in well with the proposed discussions on the Circulation Element of the General Plan. Glen Reed, 26925 Taaffe, believed that the maintenance of the Town's paths was a fundamentally important issue. He further commented that all affected residents should agree on a proposed path. Jean Struthers, 13690 Robleda, supported the comments made by Carol Gottlieb. She also stated that the Town was known for its path system and the paths contributed to the open feeling in the Town. Sharyn Brown, 27673 Lupine, suggested that everyone look at the big picture. What if someone living in Town was not in favor of a proposed path but moved. This would have a negative impact on the path system. Katherine Stella, 27975 Via Ventana, supported the Town's pathway system. It was an important resource for the future and she believed it was shortsighted to remove the easements as she did not believe the Town would ever get them back. Ralph Cheek, 27525 Edgerton Road, believed that off-road paths increase property values and it was not wise to give up easements. Les Earnest, Chairman - Pathways Committee, supported step 1 of the proposed process. He further recommended looking at a much smaller area than had been reviewed at past meetings. %W Mr. Earnest also suggested looking at the Town's Pathway Element of the General Plan to see if it correctly stated the Town's goals regarding paths. Diane Barrager, 13220 Robleda Road, supported the Town's path system and recommended doing step I at this time. Carol Petty, 26932 Almaden Court, believed that quite a bit had changed in the Town since 1981. She supported on road paths but not off-road. Dauber supported doing only step I at this time and noted that she would not know how to vote on step 2 without the information from step 1. She also believed completing step 1 would be quite time consuming and suggested 1) that an intern be assigned the project; and 2) do step 1 on a small part of Town and then decide the process. Dauber recommended the formulation of a clear set of guidelines for off-road paths. Siegel supported a cautious approach by doing one step at a time. He noted that the 1981 Master Path Plan was the official document but it was old and should be updated by doing step 1. Hubbard stated his serious concerns about this pathway proposal. He believed it could unravel a pathway system which had taken years to achieve. He supported step 1 and perhaps steps 4 and 5 but was totally against steps 2 and 3. In conclusion he stated his opinion that the Town's pathway system added to the value one's property. Johnson concurred with Hubbard's comments and did not believe that the Town should abandon a pathway easement it already had. Casey recommended reconsidering step 2 after the completion of step 1. She also reiterated her belief that the residents, especially those who attended the previous Council Meetings on this path issue, needed to be notified of the status of discussions on this issue. January 7, 1998 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to proceed with steps 1, 4 and 5 and to bring the completed information from step 1 back to the Council. a 6.1 Letter from Mr. Douglas Grimes on drainage issues Mr. Steve Grimes, 28010 Elena Road, explained the drainage damage that had occurred to their property which included ten tons of mud coming onto their property last year. He noted that the damage to their property was getting worse each year and he was very concerned about the wet weather conditions predicted for this year. He questioned why the Town had allowed his neighbor to divert water and mud onto his property. Mr. Grimes commented that he had tried to get his neighbor to agree to mediation but they would not agree to do this. At this time he was asking for direction toward getting this issue resolved. If the Town advised him it was an issue to be resolved with his neighbor and not the Town, he would pursue it with his neighbor. If this was not correct, he wished to be so advised by the Town. The City Attorney recommended that Council discuss this issue in a closed session. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Johnson and passed unanimously to continue this item to a closed session at the end of this Council Meeting. 6.2 Selection of Date for Volunteer Dinner PASSED BY CONSENSUS: To schedule the volunteer dinner for February 19' at the Fremont Hills Country Club and to also send invitations to the neighborhood coordinators and the ham radio operators. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Pathways Recreation and Parks Committee 7.1.1 Request for authorization to send a letter to the County Interjurisdictional Trails Committee Les Eamest, Chairman of the Pathways Recreation and Parks Committee, noted that he had been appointed the Town's representative on the Interjurisdictional Trails Committee. As a member of this committee, he received assignments which needed responses. Since it was the Town's present policy that Council needed to approve correspondence being sent to outside agencies on behalf of the Town, he was bringing this letter to the Council. However, since these assignments required timely responses he was asking if the policy could be modified so that perhaps the City Manager could approve such correspondence. PASSED BY CONSENSUS: Council agreed that the City Manager could approve such correspondence going to outside agencies on behalf of the Town. 8. STAFF REPORTS 8.1 City Manager January 7, 1998 Regular City Council Meeting 7 8. 1.1 Engineering Technician -Accident The City Manager reported that the Town's Engineering Technician, John Chau, had been in a serious car accident. He had had surgery and had recently been moved to his family's home for recuperation. The City Manager commented that he would share progress reports with the Council as he obtained them. Everyone was, of course, hoping for a speedy recovery. 8.1.2 Los Altos Hills County Fire District Meeting The City Manager reported that he planned to attend the January meeting of the Los Altos Hills County Fire District at which time the contract with the Los Altos Garbage Company for yard waste drop off service at Foothill College would be discussed. The City Manager stated he would report the outcome of this meeting to Council. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence Council agreed that the Mayor should send the two letters on cable tv to Sun Country Cable and request a response to the concerns raised. In addition, the letter from Mr. Conrad concerning sewer problems would be agendized for discussion at the January 21" meeting. Council also discussed the invitation from the Mayor of Menlo Park to attend a meeting on aviation noise mitigation and agreed that since none of them could make the meeting it would be appropriate to ask resident Marjorie Evans, who had been involved in this issue for some time, if she could attend and report back to the Council on the meeting. 9. COUNCIL -INITIATED ITEMS 9.1 Request for appointment of a North County Cities Representative to the Solid Waste Commission of Santa Clara County (Mayor Casey) No action was needed on this item as a recommendation had already been made to the City Selection Commission for a North County Cities Representative. 9.2 Request for appointment of a Town representative to participate on the City -County Child Care Collaborative (Mayor Casey) PASSED BY CONSENSUS: To advertise this position in the Town Crier and to contact the City of Los Altos to see if they wished to join in the ad. 9.3 Suggested memorial for Mary Stutz (Councilmember Siegel) PASSED BY CONSENSUS: Council agreed that an appropriate memorial for Mary Stutz and her many contributions to the Town would be the following: designation of the path through Juan Prado Mesa Preserve from Stonebrook to Dawson as "The Mary Stutz Pathway"; installation of a teak bench midway along the path in the preserve; placement of a plaque on the bench that says "In memory of Mary Stutz and her devoted years of service to the Town"; placement of signs at January 7, 1998 Regular City Council Meeting both entrances to the path similar to the signs on the Ginzton path; and installation of steps into the hillside at the Stonebrook entrance where the path is very steep and slippery when wet. (On this last item, the City Manager noted that this entrance was going to be redone by the developer which would address these issues.) 10. PRESENTATIONS FROM THE FLOOR Michael Schoendorf, 13145 Byrd Lane, raised the issue of his neighbors who had in his opinion violated the intent of the ordinances and not undergrounded their power lines. He stated that he would be willing to go to mediation over this matter and it was agreed that this would be attempted. If there were no positive results the matter would be agendized for a future Council Meeting. Leslys Vedder, 26355 Calle del Sol, stated that she lived on a private road which had been damaged by construction equipment. She believed the Town should regulate such equipment and should also be responsible for repairs to private roads not only to bring them back to what they were prior to the damage but even to make them better. Dauber recommended agendizing a discussion of encouraging road maintenance agreements. The City Attorney stated that a standard road maintenance agreement was available. Betsy Bertram, 11854 Page Mill Road, commented on the various references to the Town of Los Altos Hills, the City Manager, the City Council, etc. and recommended that all references either be to one or the other (Town or City). 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit for a new residence, lot merger, variances to allow grading within ten feet of a property line and to exceed the allowable development area and a request for annexation, Lands of Loughmiller, 25309 La Loma Drive Hubbard stated that he was stepping down from consideration of this item as this application was for a property in his immediate neighborhood and could possibly have a financial impact on his property. Mr. Loughmilley applicant, explained the joint use of the easement including the Water Company and other neighbors. He also addressed the issue of grading and the height of the fence. Casey raised the issue of requiring the applicant to include a patina on the copper roofing to enhance a weathered appearance and to further state that the roof material for the flat overhang on the ridge side of the house shall not be copper. She believed this was an example of overmanaging a project. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed by the following roll call vote to retain condition #6 including the reference to copper roofing as recommended by the Planning Commission. AYES: Mayor Pro Tem Johnson and Councilmembers Dauber, Johnson and Siegel NOES: Mayor Casey `. ABSTAIN: Councilmember Hubbard January 7, 1998 Regular City Council Meeting 10 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed by the following roll call vote to make the findings for granting of variances to allow grading within ten feet of a property line and to exceed the allowable development area; to approve the site development permit for a new residence subject to conditions of approval stated in 1/7/97 staff report; approve annexation of two parcels subject to approval by the Local Agency Formation Commission; and approve the parcel merger. AYES: Mayor Casey and Councilmembers Dauber, Johnson and Siegel NOES: None ABSTAIN: Councilmember Hubbard 12. CLOSED SESSION: PENDING LITIGATION (EXPOSURE TO LITIGATION): PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) The City Council adjourned to a Closed Session on Pending Litigation at 9:50 p.m. and reconvened at 10:25 p.m. 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 10:25 p.m. in memory of Mary Stutz, a long-time resident of the Town and member of the Town's Planning Commission. Respectfully submitted, Patricia Dowd City Clerk The minutes of the January 7, 1998 City Council Meeting were approved at the January 21, 1998 City Council Meeting. January 7, 1998 Regular City Council Meeting 11