HomeMy WebLinkAbout03/18/1998%W
Minutes of a Regular Meeting
March 18,1998
Town of Los Altos Hills
City Council Regular Meeting
Wednesday, Much 18,1998,6:00 P.M.
Cotincil 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, Johnson and Siegel
Absent:
Councilmember Hubbard
Staff:
City Manager/City Engineer Jeff Peterson, City Attorney Sandy
Sloart, Planning Director Curtis Williams and City Clerk Pat Dowd
Press:
Carol Tiegs, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
2.1 Appointment to Pathways Recreation and Parks Committee
Harry Emerzian, 11670 Dawson Drive, commented that he was looking forward to learning more
about the pathway system and pathway issues in the Town.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed
wanimously by all members present to appoint Harry Emerzian to the Pathways Recreation and
Parks Committee for a two -yew tem.
3. PLANNING COMMISSION REPORT
ne Planning Director reported on the following issues discussed at the 3/11/98 Planning
Commission Meeting: Lands of Robinson and Ikeda, 12238Via Arline: request for a Site
Development Permit for a new residence - approved; Lands of Gonturn, 24004 Oak Knoll Circle:
request for a Site Development Permit for a new residence - denied; Lands of Lee, 25935
Estacada Way: request for a Site Development Permit for a second story addition and remodel -
approved.
4. CONSENT CALENDAR
Items Removed: 4.1 (Dauber) and 4.3 (Casey)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed
unanimously by all members present to approve the balance of the Consent Calendar
specifically:
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Regular City Council Meeting
%W 4.2 Decided Not To Review the following Planning Commission Action at its meeting on
February 25, 1997:
4.2a Lands of Prime Home Development, 12129 Oak Park Court: approved
request for a site development permit for a new residence, pool and sport
court, and a variance to allow grading within 10 feet of a property line
4.4 Accepted Grant of conservation/landscape easement, Lands of Yanez,
26242 Fremont Road — Reso # 13-98
Items Removed:
4.1 Approval of Minutes: March4,1998
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed
unanimously by all members present to approve the minutes of the Much 4, 1998 City Council
Meeting with the following corrections: Page 5, Item 9.1, first sentence should read: "Dauber
suggested establishing a policy of limiting maximum development area and maximum floor area
at the time of subdivision for unusually constrained lots as was done with the Matadero Creek
Subdivision."; Page 10, Item 11.3, third paragraph, replace second sentence with the following:
"Dauber did not support the fourteen foot driveway. She noted that all the landscape mitigation
shown was in the right of way or on the Public Utility Easement and may at some time have to
be removed. She said she could support the driveway if the auto court were to be eliminated.";
Page 11, third paragraph, delete the following sentence: "There was a lot unit factor of .91 and
7,400 square feet."
4.3 Rejection of Claim: LaVerle Spencer
Casey asked if the Ms. Spencer had been advised of this meeting. The City Clerk noted that she
had spoken with Ms. Spencer twice and at Ms. Spencer's request this claim was agendized for
this meeting rather than the Much 4* meeting. An agenda had been mailed to Ms. Spencer.
Casey suggested continuing this item for one more meeting to see if Ms. Spencer wished to
address the Council on this claim.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by
the following roll call vote to continue the rejection of Ms. Spencer's claim to the next Council
Meeting and to advise her of the continuance.
AYES: Mayor Casey and Councilmembers Johnson and Siegel
NOES: Councilmember Dauber
ABSENT: Councilmember Hubbard
5.
5.1 Adoption of Proposed Housing Element of the Town's General Plan and
Proposed Negative Declaration -- Resolution #_
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Dauber and
passed unanimously by all members present to adopt Resolution # 14-98 adopting the
Housing Element of the General Plan and adopting a negative declaration.
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Much 18,1998
Regular City Council Meeting
5.2 Recommendation for expenditure of AB3229 "Cops Program" Grant
Funding — Reso 4
Captain Wilson, Saratoga Substation, addressed their recommendations for this yea's
expenditure of AB3229 "COPS" Grant Funding. Three programs were recommended: the
Safe Moves bicycle safety program, the TRAK Computer System which aided in the
recovery of abducted children, and a car mounted video system for the patrol cars used in
Town. In response to an inquiry from the Mayor on the need for programs dealing with
domestic violence, he noted that a Domestic Violence Task Force was currently available.
On the subject of auto dial programs to reach all of the Towri's residents, Captain Wilson
commented on the various levels of these programs and the corresponding expense.
Sophisticated auto dial programs were quite expensive and Town funds would be needed
for such a program. In addition, consideration had to be given to the upkeep of such
programs which would involve staff time. Johnson suggested that this program be
reviewed by the Safety Committee and Captain Wilson noted that Lieutenant Colla would
be available to assist the committee with their review. Dauber recommended that the
Community Relations Committee be advised of the Safe Moves Program for the Town's
Spring Picnic so that information could be relayed to the residents.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously by all members present to adopt Resolution 4 15-98 approving the
recommended programs and expenditure of AB3329 "COPS" Grant Funding.
�w 5.3 Schedule Date for Joint Meeting of City Council and Planning Commission
PASSED BY CONSENSUS: It was agreed that the Planning Director would check with the
Planning Commissioners to determine if the majority of Commissioners could meet with
the Council on either Monday, April 13' or Tuesday, April 14'.
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6. NEW BUSINESS
7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS
ON OUTSIDE AGENCIES
7.1 Northwest Flood Control Advisory Committee
Dauber reported that she had attended a meeting of this committee earlier in the day. The agenda
had included a discussion of projects and needed funding. It appeared that the original $30
million dollar budget needed had grown to $60 million dollars needed. Prioritization of projects
was necessary and Dauber noted she was urging the completion of the Adobe Creek (Reach 5)
Improvements.
7.2 Santa Clara County Cities Association
Johnson reported that at the 3/18/98 meeting of the Cities Association, the issue of sales tax on
the internet was discussed, in particular Assemblymember Ted Lempert's legislation on this
matter. There was no consensus on the Council regarding sales tax on the internet and it was
agreed Johnson would abstain at the Cities Association from voting on this subject.
Much 18, 1998
Regular City Council Meeting
8. STAFF REPORTS
8.1 City Manager
8.1.1 Los Altos Hills County Fire Protection District
The City Manager reported that the Fire District was going to be undertaking a pilot program of
using goats for weed abatement in Byme Preserve. Stu Farwell, consultant to the District, had
addressed the Environmental Design and Protection Committee on this project. The City
Manager also reported that a survey was being conducted of fire hydrants to check on flow
levels.
8.1.2 Emergency Fire Roads
The City Manager noted that the Public Works Manager was working on bid packages for work
to be done on the Towns' emergency fire roads.
8.1.3 Sound System
The City Manager reported that he would be meeting with Councilmember Johnson and the
Office Manager to discuss the sound system in Council Chambers.
8.1.4 Internet
�w The City Manager reported, in response to an inquiry from Dauber, that no action had been taken
to date to put Town Hall on the intemet. He noted that this could be included in the upcoming
budget discussions. Council recommended the formation of a subcommittee to discuss the
Town's webpage. (The webpage was presently done at the Town Crier offices.)
PASSED BY CONSENSUS: To establish a subcommittee of Councilmembers Johnson and
Siegel, the City Manager and a representative of the Community Relations Committee (Roger
Burnell) to review the Town's webpage.
8.2 City Attorney
8.2.1 Fair Political Practices Commission Regulation 18703.1
The City Attorney reported that the rule making session originally scheduled for April 2" on this
issue had been rescheduled to June 2".
9.3 City Clerk
8.3.1 Report on Council Correspondence
Casey referred to the request from Mr. and Mrs. Kerns for a Council study session on their
project. The City Manager gave a brief background on this request. The Kern's project involved
the issue of grade of the driveway. They had actually reached a grade that was acceptable to the
City Engineer; however, the resulting higher retaining walls were not acceptable to the Planning
Much 18,1998
Regular City Council Meeting
Director. They were asking for a study session to get guidance from the Council on these issues
%W rather than going through the entire public hewing process. The City Attorney stated that
Council could listen the concepts and give guidance and comments but could not make my
decisions at such a study session.
PASSED BY CONSENSUS: Council agreed to schedule a study session with Mr. and Mrs.
Kerns for 5:00 p.m. on Wednesday, April 1'.
Concerning the letter from Mr. MacKenzie on Olive Tree Lane, Dauber noted that she had called
Mr. MacKenzie and advised him of the policy on private/public roads and the procedure for
requesting a road change from private to public.
9. COUNCIL -INITIATED ITEMS
9.1 Off-road pathway plan process (Mayor Casey)
Casey asked that the off-road pathway plan process be agendized for the May 6' Council
Meeting with a Town -wide notification of this discussion. Council did not agree with agendizing
this issue at this time. They noted that at the January 7' Council Meeting they had agreed that as
a first step the City Manager would prepare a new map which showed the off-road pathways on
the 1981 Master Plan where the Town had acquired all or a portion of the necessary easements
for the pathway. Casey expressed her concerns about the residents who had attended the
November meeting and felt they needed to be advised about the status of this project. Council
however stated there had been to date no change in the status of this project and the residents
would be notified at the appropriate time. The City Manager commented that this was a project
the engineering techniciari would be working on and he should be back to work in about a month
%W after recovering from his car accident.
9.2 Public/Private Roads (Councilmember Siegel)
Siegel inquired about the status of this project, for example Summitwood, and was advised
information should be forthcoming this summer.
9.3 Letter from Michael Schoendorf (Mayor Casey)
Casey referred to the letter from Mr. Schoendorf concerning his neighbor's PG&E lines. The
Planning Director noted that both staff and PG&E had responded to Mr. Schoendorf and the
recommendation had been made that mediation be set up between the neighbors. Mr.
Schoendorf did not agree to the mediation. The Planning Director also reported that a meeting
was scheduled with Mr. Schoendorf for Much 19' to discuss permit violations on his property.
9.4 Los Altos Garbage Company (Councilmember Siegel)
Siegel referred to the changes in solid waste services as a result of the new contract with the Los
Altos Garbage Company. He suggested that LAGCO send a letter to all customers advising them
of the changes, signs should be placed at the yardwaste center stating the date it was closing and
an article should go in the Town newsletter.
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March 18, 1998
Regular City Council Meeting
9.5 Construction Debris Boxes (Mayor Casey)
Casey noted that the ordinance required an applicant to have a debris box on site during
construction. She asked that this matter be agendized for Council discussion as she thought it
was an unfair burden on applicants particularly in the very beginning of a project when it was not
necessary.
10. PRESENTATIONS FROM THE FLOOR
Carol Tiegs, Los Altos Town Crier, commented that she had enjoyed covering Los Altos Hills
for the Town Crier. However, due to personal reasons she would temporarily be off this
assignment. The Council thanked Carol for doing a good job on accurately reporting To"
news.
Betsy Bertram, 11854 Page Mill Road, commented on a couple of issues that Council had
discussed during the meeting. On the issue of the sales tax on the internet, she recommended
taking no action until the issue had been decided at the federal level. Concerning the pathway
issue, she suggested letting the Pathways Committee review the points agreed on at the January
7' Council Meeting. Mrs. Bertram believed it would be a better process if it was not rushed and
if it included good communication.
11. PUBLIC HEARINGS
11. 1 Request for pre -zoning of a 1.22 acre parcel in Santa Clara County that is to be
annexed into the Town, Lands of Loughmiller, 25309 La Loma Drive
The Planning Director reported that recent correspondence from the Local Agency Formation
Commission (LAFCO) stated that their staff's recommendation was not to annex the
Loughmiller property to the Town as this would create an island of county land within Town
property.
Siegel stated that he did not agree with this recommendation and would be willing to attend the
LAFCO meeting at which this request was discussed to ask that they overturn their staff s
recommendation.
Mr. Loughmiller, applicant, noted that since 1996 they had had an approved site development
permit in the County. This permit was due to expire in July of 1998. Basically they had thought
the annexation would be the last step in their application for a combination of two lots (one in the
County and one in the Town) and a site development permit in the Town for a new home. At
this point he just wanted to know where to turn in his plans for his project (County or Town).
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed
unanimously by all members present to introduce an ordinance amending the Zoning Ordinance
to prezone the property adjacent to 25309 La Loma Drive.
PASSED BY CONSENSUS: To agree that Councilmember Siegel, the Planning Director and
Mr. Loughmiller would attend the April 8� meeting of the Local Agency Formation Commission
(LAFCO) to request that agency to approve annexation of the Loughmiller property to the
Town.
March 18, 1998
Regular City Council Meeting
11.2 Request for a conditional use permit and site development permit for construction of a
new multi-purpose building, additions to existing administrative offices and
classroom buildings and parking and a proposed negative declaration, Lands of
Congregation Beth Am, 26790 Arastradero Road
Rabbi Block, applicant, thanked the Planning Commission, staff and neighbors for all of their
work and mutual efforts on this project. He believed everyone had worked well in a spirit of
neighborliness and compromise and the result was a well-done project.
Katie Buzbee, Fremont Road, expressed her concerns about the drainage from this project and
the increased debris in the creek particularly as it affected her property.
The City Manager/City Engineer noted that the channel that Mrs. Buzbee referred to was private
and therefore the responsibility of the owners. Beth Am had tried to get easements from the
owners to maintain the creek but one owner was not willing to grant the casement. Beth Am will
install a detention basin. The project will not affect downstream properties and the situation will
be no worse in the future.
The Planning Director reported three requirements of the project to improve drainage: 1) existing
culvert at property line will be extended to pond (detention basin) location; 2) Beth Am will
clean out channel and put in a rock lining if they are given permission by the owners; and 3) the
pond, which will be maintained by Beth Am, will settle out sediments.
Siegel referred to the condition requiring the construction of a pathway within the right-of-way
on Arastradero Road. He noted that the General Plan called for paths on one side of a street and
there was an excellent path on the Palo Alto side of Arastradem. He did not understand why the
�W applicants were being asked to put in another path. Dauber stressed that Arastradero, should have
paths on both sides because it was such a busy street.
owl
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by
the following roll call vote to delete the following condition #11 of Exhibit B: "A Class Ilb
pathway shall be constructed within the right-of-way of Arastradero Road, to the satisfaction of
the Engineering Department, prior to final inspection of the multi-purpose building. If necessary
to accommodate the pathway, a pathway easement shall be dedicated parallel to the right-of-way
sufficient to provide for the pathway. The property owner shall provide legal description and
plat exhibits that we prepared by a registered civil engineer or a licensed surveyor, to the
satisfaction of the Engineering Department, and the Town shall prepare the dedication document.
The dedication document, including the approved exhibits, shall be signed by the property owner
and notarized and returned to the Town prior to acceptance of plans for building plan check for
the multi-purpose building."
AYES: Mayor Casey and Councilmembers Johnson and Siegel
NOES: Couracilmember Dauber
ABSENT: Councilmember Hubbard
Dauber referred to the conditions on the proposed sign prohibiting left turns onto Arastradero
from 4:00 to 6:00 p.m. on Mondays through Fridays. She did not think these conditions were
wise or necessary because cars turning tight had no convenient way to make a u -tum and the fact
that approaching cars would havejust made a full stop a few feet before the driveway.
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Regular City Council Meeting
MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed
%W unanimously bv all members present to delete the following condition #14 from Exhibit A: "A
sign shall be installed and maintained at the exit of the site prohibiting left turns from the site
onto Arastradero Road during the hours of 4:00 p.m. to 6:00 p.m. on Monday through Friday."
and the following condition #12 from Exhibit B: "A sign shall be installed at the exit of the site
prohibiting left turns from the site onto Arastradero Road during the hours of 4:00 p.m. to 6:00
p.m. on Monday through Friday. The design of the sign shall be approved by the Engineering
Department and the sign must be installed prior to final inspection of the multi-purpose
building." It was also noted that the negative declaration for this project would be amended to
reflect this change to the conditions.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed
unanimously by all members present to approve a conditional use permit and site development
permit for construction of a new multi-purpose building, additions to existing administrative
offices and classroom buildings and puking and a proposed negative declaration, Lands of
Congregation Beth Am, 26790 Arastradem Road
12. ADJOURNMENT
There being no further new or old business to discuss, the City Council Meeting was
adjourned at 8:05 p.m.
Respectfully submitted,
Patricia Dowd
�W City Clerk
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The minutes of the Much 18, 1998 City Council Meeting were approved at the April 1,
1998 Regular City Council Meeting.
Much 18, 1998
Regulu City Council Meeting