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HomeMy WebLinkAbout04/16/1997Minutes of a Regular Meeting �w April 16, 1997 Town of Los Altos Hills City Council Meeting Wednesday, April 16, 1997, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Hubbard called the Regular Meeting of the City Council to order at 6:10 p.m. in the Council Chambers at Town Hall. Present: Mayor Hubbard and Councilmembers Casey, Dauber, Johnson and Siegel Absent: None Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Planning Director Curtis Williams and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Appointment to Technology Improvement Committee Ray Egan, 12686 Roble Veneno Lane, commented that he had lived in Town for a long time and now that he was retired and was not traveling so much he wished to contribute to the community. He had extensive computer experience but also mentioned that he was a ham radio operator and would offer his services in that area too. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to appoint Ray Egan to the Technology Improvement Committee for a two year term. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following items were discussed at the 4/9/97 Planning Commission Meeting: Lands of Shukov, 14440 DeBell Drive: request to change a final map to revise the building setbacks to meet current Town standards - recommended approval; Lands of Rosenbaum, 10560 Blandor Way: request for a site development permit for a new residence, pool and spa - continued; Lands of Lohr, 24021 Oak Knoll Circle: request for a site development permit for a new residence and pool - approved; Lands of Breetwor, 12631 Miraloma Way: request for a site development permit for a new residence, pool and spa and modification of condition of map approval limiting floor area - recommended approval; Lands of Sprint Spectrum, 12863 La Cresta Drive: request for a site development permit, conditional use permit V April 16, 1997 Regular City Council Meeting and negative declaration for the placement of two 17' high PCS poles and antennas and adjacent equipment cabinets - recommended approval. The issues of non -conforming structures and pavement in setbacks were discussed and continued for further review and the issue of landscape screening was continued for discussion by the full Planning Commission. An additional Planning Commission meeting had been scheduled for April 30, 1997. 4. CONSENT CALENDAR Items Removed: 4.3a (Casey), 4.3b (Casey) and 4.3e (Dauber) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: April 2, 1997 4.2 Reviewed Warrants: $303,935.43 (3/31/97) 4.3 Decided Not To Review the following Planning Commission Actions at its meeting on March 26,1997: 4.3c Lands of Beato, 23505 Fernhill Drive: request for a Site Development Permit for a minor addition and a variance to encroach into the setback and to exceed the maximum development area 4.3d Lands of Simmons, 26350 Esperanza Drive: request for a Site Development Permit for a second story addition and major remodel 4.3f Lands of Rabbani, 25630 Darling Lane: request for a Site Development Permit for a new residence 4.4 Issued Proclamation: Celebration of Community Diversity - October 18, 1997 4.5 Issued Proclamation: Honoring EI Camino Hospital during National Volunteer Week —April 13-19,1997 4.6 Awarded Certificate of Appreciation: Jack Weissman, Los Altos Library Commission 4.7 Approved Notice of Completion: 1995-96 Pavement Mangagement and Storm Drain Project — Reso # 16-97 Items Removed: 4.3a Lands of Wu & Chen, 26998 Beaver Lane: request for a Site Development Permit for a major addition and remodel 4.3b Lands of Addison, 27863 Black Mountain Road: request for a Site Development Permit for a new residence 4.3e Lands of Rose, 25810 Vinedo Lane: request for a Site Development Permit for a new residence April 16, 1997 Regular City Council Meeting Council decided to review the above Planning Commission applications. Casey noted that she would not be at the May 7' meeting and requested that the applicants be asked if they wished to continue their hearings to the 21" of May for a full Council. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Goals and Objectives — Third Quarter Update Council discussed the issue of private vs. public streets and asked when this project would be coming forward. In addition they inquired about the parcel data base and the presentation of this to the Council. On the subject of pathways, Council referred to the pathway easement research and the impact of Proposition 218 on in lieu fees. Casey asked for a report on the cost of maintenance of paths vs. in lieu fees. The City Manager responded that the issue of private vs. public streets was on hold pending the new Public Works Manager assuming his position and undertaking this project. On the subject of the parcel data base, it was hoped to bring this to Council in May. Regarding pathways, the City Manager noted that according to the Master Path Plan the policy was to put the paths in now and not take in lieu fees. PASSED BY CONSENSUS: Council thanked the City Manager for his excellent report and recommended that the policy on pathways being put in now rather than taking in lieu fees be agendized for future Council discussion. 6.2 Recommendation for purchase of digital municipal code The City Manager referred to his staff report which included the recommendation that the Council authorize purchasing a digital municipal code from Book Publishing Company of Seattle and further authorize the City Manager to negotiate a purchase agreement. He further noted that this project had been under review for quite some time by the Technology Improvement Committee and they too recommended approval of this project. The proposal from Book Publishing for the complete project including Internet, new code format and manuals totalled $16,883. William Smith, Chairman of the Technology Improvement Committee, reviewed the committee's study of this project and their recommendation. Although other formats were available, the committee recommended the two column format. Les Earnest, member of the Technology Improvement Committee, commented that the recommendation from the committee was not unanimous. He did not see the value to the Town of going with the proposal from Book Publishing. He believed it to be unnecessary as the code had already been scanned and just needed to be proofed. Hubbard and Siegel believed that the digital muncipal code was expensive and of limited value. Casey and Johnson supported the proposal from Book Publishing. Dauber suggested continuing this item as she wanted to see samples of the code digitally, particularly the search mechanism and samples pages of the hard copy of the code. April 16, 1997 Regular City Council Meeting PASSED BY CONSENSUS: To continue this item to allow staff the opportunity to get sample code pages to Councilmembers and also information on Book Publishing Company's website so Councilmembers could see samples of the codes they have done. 7. REPORTS FROM COMMITTEES. SUB -COMMITTEES. AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Community Relations Committee: Present Spring Greeting Event Plan Roger Burnell, Chairman of the Community Relations Committee, addressed the Council on behalf of Rae Richter, Chairman of the Spring Greeting Event, who was unable to attend this meeting. He reported that the event was scheduled for Sunday, May 18' from 3:00 p.m. to 5:00 p.m. at Town Hall. This would be a get together for the entire Town but particularly for newcomers. Refreshments would be served and informational materials would be available on the Town's committees, pathways, neighborhood coordinators' programs, etc. In addition there would be activities for children including horses from Westwind Barn and fire trucks. It was noted that there was $1,000 in the current budget for this event to cover the costs of refreshments, decorations, music and invitations. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed unanimously to approve the $1,000 budget for the Spring Greeting Event. 7.2 Appointment to Citizens Advisory Commission for the Library JPA MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Hubbard and passed unanimously to contact Roger Summit and Dottie Harrison -Brown, the Town's representatives on the Los Altos Library Commission, and let them decide who would like to be the representative to the Citizens Advisory Commission and who would like to be the alternate. 8. STAFF REPORTS 8.1 City Manager 8. 1.1 Sheriff's Contract The City Mangager reported that meetings had taken place with Cupetino and Saratoga on renegotiating the contract with the Sheriffs Department and this issue would be coming back to Council. 8.1.2 Accountant/Office Manager and Public Works Manager The City Manager reported that interviews were scheduled for both of these positions. 8.1.3 Los Altos Garbage Company The City Manager noted that additional information had been received from the Los Altos Garbage Company on the yardwaste center/curbside recycling program and a meeting of the Council sub -committee on this issue would be scheduled. April 16, 1997 Regular City Council Meeting 8.1.4 Rhus Ridge The City Manager reported that he had contacted the resident on Rhus Ridge who had written about the parking problems. The resident informed the City Manager that Midpeninsula Regional Open Space had said if Rhus Ridge was patrolled by the Sheriff's Department, they would put in a second parking lot. The residents did not want this to happen so at the present the request for Sheriff's patrol was on hold until the neighbors could all meet to discuss their options. 8.1.5 Moon Lane The City Manager reported that the Wythe-Vitu subdivision improvements were almost completed. They had agreed that the storm drain would not be put in until June when the weather was dryer. There had been some discussion with the neighbors on what was left to be done and Dauber requested that the City Manager provide a report on what has been done and what was not required according to staff. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence Council agreed to take no action on the letter from San Jose on A1395, ACA4 and SB880 and to suggest individuals respond, if they want to, to the request from the Superior Court for Grand Jury appointment recommendations. 9. COUNCIL -INITIATED ITEMS 9.1 Adopt policy that all correspondence sent by residents to Planning Commission and/or Standing Committee Members be copied to Council (Mayor Pro Tem Casey) Casey stated that she thought it was important that Council see all correspondence that comes to either the Commission or committees. It was noted that correspondence to the Commission is included in the staff reports prepared on applications and copied to Council in their packets. Council agreed that correspondence to committees/committee members also be copied to them. 9.2 Westwind Bam (Councilmember Dauber) Dauber noted that the 4-H Program at Westwind Barn was going to be highlighted on NBC on May 21' or shortly thereafter. If anyone wanted more details they should call KRON. 9.3 Campaign Contributions (Councilmember Dauber) Dauber asked for clarification of the City Attorney's memo on campaign contributions. The City Attorney responded that the Fair Political Practices Commission has advised that no commission member should make campaign contributions to any Councilmember who has voted on that commission member's appointment. The exception would be if the Councilmember has neither received contributions of more than $1,000 nor made expenditures of more than $1,000 in a calendar year. April 16, 1997 Regular City Council Meeting 9.4 Conflict of Interest (Councilmember Dauber) Dauber raised the issue of new Fair Political Practices Regulations regarding conflict of interest. She commented that the change to `within a radius of 2,500' of a project had a tremendous effect on a small Town such as Los Altos Hills. For the Quarry Project alone, two Councilmembers and two Planning Commissioners would be affected. It was agreed the City Attorney would request an opinion statement from FPPC on this issue. 9.5 Council Agenda Items (Councilmember Dauber) Dauber recommended that a policy be adopted stating that if an action item was put on the agenda then a written report should be required. She thought it was difficult to make decisions without having ample opportunity to review the issues. Council did not adopt such a policy but did state that agendizing items without written reports should be discouraged. 9.6 Town Crier (Mayor Hubbard) Hubbard expressed his concerns about recent coverage of Town Meetings in the Town Crier. One article included inaccuracies and even though Councilmember Dauber had contacted the editor no attempt had been made at a correction. In last week's issue a statement was made that a certain issue had been approved when in fact it had been continued for further review. He strongly believed that Council should send a letter to the Town Crier stating their concerns about such reporting. It was agreed the Mayor would send a letter to the Crier on this issue. 10. PRESENTATIONS FROM THE FLOOR Bob Hall, 12140 Foothill Lane, expressed his concerns about the yardwaste center. He personally had followed a landscaper from Portola Valley to the center and wanted Council to know that these abuses of the center were still taking place. 11. PUBLIC HEARINGS 11.1 Request for a Site Development Permit, Conditional Use Permit and Negative Declaration for the placement of a 25 foot high PCS pole and antennas and adjacent equipment cabinets, Pacific Bell Mobile Services, Lands of Sarraf, 11997 Hilltop Drive Amy Stanton, Pacific Bell, noted that this was their fourth and final antenna request in Los Altos Hills. She reviewed the design of the Hilltop site and commented that the neighbors all supported this project. In response to an inquiry from Council, Ms. Stanton stated that maintenance occurred twice a month using a pick up truck for access. Richard Kane, Pacific Bell engineer, commented on the frequency and wattage noting it was the same as the other sites. Mr. Sarraf, 11997 Hilltop Drive, noted there was a concrete drive so there was easy access to the facility. Also in 1989 he had planted a large number of trees so the pole was not visible. April 16, 1997 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously to approve the request for a Site Development Permit, Conditional Use Permit and Negative Declaration for the placement of a 25 foot high PCS pole and antennas and adjacent equipment cabinets, Pacific Bell Mobile Services, Lands of Saraf, 11997 Hilltop Drive. 11.2 Proposed Policy Regarding Secondary Dwellings and Accessory Structures (continued from April 2, 1997 City Council Meeting) The following Secondary Dwellings and Accessory Structures Policy was before Council for review: 1. The Site Development Authority shall determine that an accessory structure is a "secondary dwelling' when full bathroom facilities (including a shower and/or tub) with interior access are proposed, and where more than one `main room' (excludes baths, closets and other rooms less than 75 square feet is size) is proposed. 2. The Site Development Authority may determine that an accessory structure with full bathroom facilities with interior access and only one main room comprises a `secondary dwelling', where a sink and electrical outlets are proposed in the main room. The Site Development Authority may, at its discretion, determine that such a structure is not a `secondary dwelling' where the layout or small size appears to preclude overnight habitation. 3. The size of a `secondary dwelling' shall include all portions of any attached structure, except where attached to the main residence. 4. For the purpose of calculating the 1.0 acre minimum lot size to allow secondary dwellings, property adjacent to the parcel which was dedicated to the Town for roadway right-of-way shall be included, if the dedication was made as a condition of a site development approval for that parcel. Right-of-way dedicated through the subdivision process or purchased by the Town shall be excluded from the lot area calculation. Casey commented that the communications subcommittee had met with the Council at an earlier meeting to discuss issues such as this one and how best to get input from the residents. The matter had been continued for further review and discussion. Casey inquired if there was a problem in Town with rental units and was advised by the Planning Director that there had been a couple of instances. She recommended the use of a recorded restriction on the property stating the structure could not be used as a secondary dwelling. Casey believed this option gave the Town the opportunity to see that the codes were enforced and also gave clew notfication to the owners and future owners of a property. Hubbard thought the specificity of the proposed policy invited loopholes and he also did not want to deny accessory structures when appropriate. He too believed a a deed restriction was the better option. Siegel concurred with the deed restriction believing this option protected present owners and future buyers. Dauber, however, did not believe this was such a clear cut solution and the Town would do better to control what it allowed to be built. She commented that multiple habitable structures can become lived in and there were those who would circumvent the laws. Bill Holing, 26045 Torello Lane, asked what was wrong with residents complying with what they were allowed to build on their lots. Ray Rooker, 12819 V iscaino Road, referred to the first policy statement and thought the word `shall' should be changed to `may'. April 16, 1997 Regular City Council Meeting Lalla Carsten, 13761 La Paloma, recommended this issue be continued for input from the L residents. She further commented that she thought it was an overreaction to a very few instances �I of abuse of the Town's codes. The City Attorney commented that the proposed policy could be quite difficult to enforce. However a property restriction could also include inspection and enforcement provisions. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to refer this matter back to the Planning Director for redrafting and to bring the revised statement back to the 5/7/97 Council Meeting. This revision would delete policy statements one through three and replace them with a statement requiring a property restriction as a condition of approval. Policy statement four would remain in place. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:10 p.m. Respectfully. submitted, Patricia Dowd City Clerk The minutes of the April 16, 1997 Regular City Council Meeting were approved at the May 7, 1997 Regular City Council Meeting. April 16, 1997 Regular City Council Meeting