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HomeMy WebLinkAbout09/03/1997Minutes of a Regular Meeting September 3, 1997 Town of Los Altos Hills City Council Regular Meeting Wednesday, September 3, 1997, 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, Assistant City Attorney Dan Siegel, Planning Director Curtis Williams, Public Works Manager Jim Rasp and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Status Report on the Veterans Memorial -- Bill Henderson and Jay Brandon Jay Brandon and Bill Henderson, representing the Veterans Memorial Association of Los Altos and Los Altos Hills, gave a progress report on the Association's activities. A location in Shoup Park had been selected and the artist, R.J. Truman of Los Altos, had also been selected. The Association had received its non-profit status and while they had raised $88,000 of their $100,000 goal, fundraising efforts were still underway. The schedule for the project included installation in June of 1998, dedication ceremonies July 4, 1998 and presentation of ownership of the memorial to the City of Los Altos in October of 1998. Both Mr. Brandon and Mr. Henderson thanked the Council for their support of this memorial project. R.J. Truman, Veterans Memorial Artist, explained the design of the memorial. It would be a seven foot bronze figure of a soldier holding a child draped in the Revolutionary War Flag. Ms. Truman further explained the artistic process involved in creating this bronze. 3. PLANNING COMMISSION REPORT The Planning Director reported that the following items had been discussed at the 8/27/97 Planning Commission Meeting: 1) Lands of Urbach, 10705 Magdalena Road: request for a site development permit for a new residence and a lot line adjustment -- approved; 2) Lands of Kerns, 11890 Francemont Court: request for a site development permit for a new residence, secondary dwelling unit and detached garage — denied (This project has been appealed by the applicant and is scheduled for public hearing at the September 17" Council Meeting.); 3) Lands of Orton, 26666 Snell Lane: request for a site development permit for a new residence — approved; 4) Lands of Lohr, 12113 Oak Park Court: request for a site development permit for a new residence, September 3, 1997 Regular City Council Meeting pool and spa — approved; 5) Lands of Lohr, 24052 Oak Knoll Circle: request for a site development permit for a new residence, pool and spa — approved; and 6) Lands of Shukov, 14440 DeBell Drive: request for a site development permit for a new residence, pool and spa — continued. The issue of recycled demolition materials was raised and the City Manager stated that he was discussing this with the General Manager of the Los Altos Garbage Company. Siegel requested copies of the Housing Element which was agendized for a public hearing at the Special Planning Commission meeting scheduled for September 16'". It was further suggested that the staff report on the housing element be put on the webpage. 4. CONSENT CALENDAR Items Removed: 4.1 - 8/20/97 minutes (Casey) and 4.7 (Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: July 16, 1997 (Regular Meeting) 4.2 Approved Warrants: $64,633.34 (8/18/97) 4.3 Accepted granted of Conservation Easement, Lands of Tan, 13910 Page Mill Road -- Reso #67-97 4.4 Approved final parcel map and subdivision improvement (maintenance) agreement - Lands of Codispoti & Schroeder, 14545 Manuella Road -- Reso #68-97 4.5 Accepted grant of right of way dedication, Lands of Bonds, 27330 Elena Road -- Reso #69-97 4.6 Accepted grant of Conservation Easement, Lands of Stitt, 25703 Lomita Linda Court --Reso #70-71 4.7 Items Removed: 4.1 Approval of Minutes: August 20, 1997 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to approve the minutes of the August 20, 1997 Regular City Council Meeting with the following corrections: Page 5, first sentence, the word "Commission" should be changed to "staff' and the floor area should be shown as 3,800 not 3,404 square feet. The last paragraph on Page 5 should read as follows: "Council discussed the height issue before them and noted that the story poles had been incorrectly placed. Hubbard stated that while he agreed that some sites required additional restrictions, he did not believe this site was one of those. Casey agreed with Hubbard. Hubbard moved approval of the site development permit without the height restriction. Casey seconded the motion. Johnston stated that the motion would be a two - two tie. Therefore, Hubbard withdrew his motion and Casey her second." AYES: Mayor Casey and Councilmembers Dauber, Hubbard and Johnson NOES: None ABSTAIN: Councilmember Siegel (not present at the August 20, 1997 Council Meeting) September 3, 1997 Regular City Council Meeting �, 4.7 Approval of agency agreement for Countywide Household Hazardous Waste Collection Program -- Reso #_ Dauber noted that options needed to be selected in the contract. The Public Works Manager stated that the following option had been selected for utilizing the hotline services: "An appointment is scheduled when residents call "Hotline". City is notified when indicated participation level is reached." In addition the following option was selected if payments to the County exceeded actual costs: "City may use credit balance from FY'98 to reduce the invoice billing for the new fiscal year." MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to adopt Resolution #71-97 approving agency agreement with County for Countywide Household Hazardous Waste Collection Program. Council noted that the schedule of Household Hazardous Waste and BOP (battery, oil and paint) centers drop off dates should be included in the October Newsletter. The Public Works Manager noted that he would clarify for this article whether the BOP Centers were open all the time or were scheduled for specific dates. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 Appeal of false alarm charges, William McKee, 13888 Fremont Pines Lane Since Mr. McKee was not present, it was agreed to continue this item to the next Council Meeting. 6.2 Discussion of Master Path Plan: Southwest Section of Town Council commended the Chairman of the Pathways Committee, Les Earnest, for his excellent report on proposed changes to the Master Path Plan for the Southwest Section of Town. Les Earnest, Chairman of the Pathways Committee, reviewed his June 1" report with the Council. PASSED BY CONSENSUS: To make the following changes to the June 1" Master Plan Update for the Southwest Section of Town as prepared by the Pathways Committee and to schedule a public hearing on this section of Town for the November 5' City Council Meeting with an article and map to be included in the October Newsletter: 1) Delete the suggestion for a wider easement on the boundary between 28600 Matadero Creek Road and 27743 Via Ventana Way; 2) Do not delete the planned path along 280 from Estralita Place to La Barranca; 3) Retain the planned path from Natoma to Elena on the south side of 28014 to 28210 Natoma rather than moving it to the north side of those lots; and 4) It was noted that the connection parallelling Taaffe along the creekside path below was already there. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Environmental Design and Protection Committee %W 7. 1.1 Request for approval of statement regarding Heritage Trees September 3, 1997 Regular City Council Meeting %W L Dexter Hake, Chairman of the Environmental Design and Protection Committee, addressed the Council on the subject of heritage trees. They had had difficulty in designating such trees in Town because of the current policy of requiring an arborist's report and of requiring the owners to agree to maintain the tree. Council discussed the present policy and agreed that it was complicated and should be changed to encourage the designation of heritage trees in the Town. PASSED BY CONSENSUS: To approve the following statement regarding Heritage Trees: "Los Altos Hills has a Heritage Tree Program and the designated coastal live oak at the Town Hall is a fine example of such a tree. We are looking for other outstanding California native trees that could be honored as Heritage Trees and included in a photo book of prize trees in our Town. Property owners with such a tree are encouraged to contact the Town Hall office. The Environmental Design and Protection Committee will examine and consult on the tree. If the tree is suitable and healthy, an award will be given and the tree will be identified as a Heritage Tree of Los Altos Hills.". Council further directed staff to prepare the appropriate ordinance changes and asked the Chairman of the Environmental Design and Protection Committee to write an article for the newsletter on these changes. 8. STAFF REPORTS 8.1 City Manager 8. 1.1 Fire Commission Meeting The City Manager reported that he was planning to attend the September 16' Fire Commission Meeting to discuss the chipping program in Town. 8.1.2 Morgan Manor The City Manager reported that to date no application had been received for a Montessori School at the Morgan Manor Site. 8.1.3 La Loma Drive and Edgewood Road Study The City Manager noted that the survey for this project had been completed but not the plans. 8.1.4 Parcel Data Base The City Manager reported that most of the microfiche had been put into the system as well as the County data. This information needs to be merged with other files and there will be an annual update. 8.1.5 Fire Roads The City Manager reported that the list had been received from the Fire Department and bids needed to be obtained for the work of clearing the fire roads. An report would be made at the September 16' Fire Commission Meeting. September 3, 1997 Regular City Council Meeting 8.1.6 Moffett Field Beacon The Public Works Manager reported that he had spoken with Hil Reiser, the resident who had filed the complaint. Mr. Reiser was going to give him the name of the person he had been discussing this matter with at Moffett and the Public Works Manager would then send a letter. 8.1.7 Code Compliance - Lands of Roscoe The City Manager noted that to date the trailer had not reappeared on the subject property. 8.1.8 Capital Improvements Budget The City Manager reported that the Capital Improvements Budget was going to the Finance Committee mid-September for review and would be agendized for the September 30'" City Council Meeting. 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence Council agreed that the Planning Director should respond to the two letters on the Lands of Orton and the letter from Mr. Bussi. Mr. Wheeler should be notified that there will be a letter in the next newsletter on trees and he may want to speak with the Chairman of the Environmental Design and Protection Committee on this subject. The letters concerning Pacific Bell issues should be sent to the resident Pacific Bell Commissioner with a cover letter from the Mayor. 9. COUNCIL-INITIATED ITEMS 9.1 Request to change date of first Council Meeting in October (Councilmember Dauber) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to change the October 1, 1997 City Council Meeting to September 30, 1997. 9.2. Vidovich Subdivision -- Discussion of interpretation of a condition to allow a portion of a project to go forward (Mayor Casey) Jim Sisk, representing Mr. Vidovich, referred to the final map process and the required improvement plans. They were requesting approval to move forward with a portion of the improvement plans concerning the sewer line before all of the plans were approved. He noted that there would be no real changes to the rest of the plans and they were concerned about the weather. Although they were anticipating a couple of weeks for the rest of the plans it may well be longer than that with staff review, etc. The City Engineer stated that there were outstanding issues with this subdivision which had yet to be dealt with. The applicants engineer was anticipating about three week to complete the plans. The City Engineer stated that all plans needed to be approved before the applicant should be allowed to proceed. He noted that this was an ethical problem for him. He was constantly being asked to make an exception for projects. If indeed an exception was made in this case, he September 3, 1997 Regular City Council Meeting did not see how others could not be granted their exceptions as well. He did not support allowing this project to go forward without all plans being approved. However, he did note that because of the unique setting of this subdivision with the lake, etc. he would allow them to go past the November V grading moratorium because the drainage would go into the lake and not affect other areas. Council concurred with the City Engineer's position. 9.3 Discussion of whether to agendize the proposed use of Moffett Field for air cargo (Mayor Casey) Marjorie Evans, 14511 DeBell Drive; Joseph Curry, Los Altos; David King, Sunnyvale; Barbara Lochner, Los Altos; and Myra Orta, Los Altos each addressed the Council strongly supporting a Council discussion of the Moffett Field issue and adoption of a resolution similar to that adopted by Los Altos stating opposition to the use of Moffett Field for air cargo. Council discussed how this issue directly affected Los Altos Hills and whether or not the Town should make a statement on the use of Moffett Field. It was agreed that this matter should be agendized for discussion with representatives invited to speak on both sides of the issue. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to agendize the proposed use of Moffett Field for the October 15, 1997 City Council Meeting, to invite representatives from both sides to address the issue and to include an article on this matter in the October Newsletter. 9.4 Letters to the Editor (Mayor Casey) Casey referred to a recent letter to the Editor in the Town Crier which had been submitted by Dauber and Siegel. The only disagreement she had with this letter was that it appeared in parts to represent views of the entire Council. Casey did not think that this was an appropriate action to take. Siegel stated that he had drafted the letter and realized after re -reading it that he should have been more cautious with the wording. He believed Councilmembers should be careful about appearing to speak for the entire Council when that was not the case. He and Councilmember Dauber had not intended to speak for the Council in their letter to the editor. Dauber did comment that they would not have written the editorial had the mailing from the Los Altos Hills Civic Association on outdoor lighting with which Casey was involved been so misleading. Casey stated that she was not involved with this group. 9.5 Appeal Process (Mayor Casey) Casey requested Council to discuss their appeal process. She did not believe there should be an appeal fee nor did she believe only one Councilmember should be able to appeal a project. Johnson commented that applicants were not paying the appeal fee now if they knew the system of asking a Councilmember to appeal for them. He suggested that there be no Council appeals. Appeals could only be made by the applicants and they had to pay for them. Johnson also stated that Council should be seeing exactly the same plans as those reviewed by the Planning Commission when hearing an appeal. Hubbard expressed concerns about applicants being approached by Councilmembers asking if they concurred with the conditions of their project and if they wanted to appeal. If this was occurring he would recommend changing the process but he preferred at this time not to make any changes. Dauber recommended they see how many September 3, 1997 Regular City Council Meeting appeals are made and if significant reasons are made for the appeal. Siegel believed the Planning Commission was being undermined if too many appeals were made. He suggested that only an applicant could appeal a denial and would have to pay the appeal fee. Siegel further commented that Casey should only appeal a decision if she specifically cared about the application. Casey responded that she was concerned about the balance on the Planning Commission, about conditions being imposed and about ordinances being applied fairly to all. PASSED BY CONSENSUS: Council agreed not to make any changes at this time to the appeal process and to further discuss it at the time of the Joint Meeting with the Planning Commission. 9.6 Procedures suggested in preparation for the continuation of our discussion on our outdoor lighting policy (Mayor Casey) Casey requested that her comments on the outdoor lighting issue as well as the policy recommended by Council be mailed to all interested parties. She further recommended that a notice be mailed to all residents on this issue as the changes being suggested would have a major impact on residents. Council disagreed stating that the changes being discussed were only clarifications of the current ordinance and not major changes. Dauber noted that there had been an article in the October, 1996 newsletter on this very subject and only one comment card had been received which stated support for the outdoor lighting policy. It was agreed that the staff report on this subject for the September 30' Council Meeting would be mailed to those who spoke at the last Council discussion of outdoor lighting. 9.7 Magdalena and Stonebrook Path (Mayor Casey) Casey inquired about the status of this pathway. The City Manager noted that he still had not heard from the owners but he would contact them again. He and the Planning Director had met with the developer of the other land who had informed them that he wanted to get his development plans figured out before dealing with the path. In addition the access issue with Caltrans needed to be resolved. 9.8 Page Mill Road Landslide Project (Councilmember Dauber) Dauber inquired about the status of this project and was advised that it had begun and was going quite well. 9.9 Magdalena Path (Mayor Casey) Casey noted that with the paving of Magdalena Road the path had been damaged. The City Manager reported that he would check into the project funds and arrange to have some shoulder work done on the path. 9.10 Eucalyptus Trees along Adobe Creek (Councilmember Dauber) Dauber raised the issue of the eucalyptus trees along Adobe Creek Reach V. It was noted that since no easement had been received by the Santa Clara Valley Water District, the work could not begin on the trees. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS September 3, 1997 Regular City Council Meeting 4 12. ADJOURNMENT 21 There being no further new or old business to discuss, the City Council Meeting was adjourned at 10:10 p.m. in memory of Leonie (Gypsy) Coulter. Mrs. Coulter had been a resident of the Town for over forty years and had recently passed away at the age of ninety-seven. Respectfully su ihed, Patricia Dowd City Clerk The minutes of the September 3, 1997 City Council Meeting were approved at the September 17,1997 City Council Meeting September 3, 1997 Regular City Council Meeting