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HomeMy WebLinkAbout09/04/1996 (2)Minutes of a Regular Meeting September 4, 1996 Town of Los Altos Hills City Council Meeting Wednesday, September 4,19%, 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 �r Sandy Sloan, Planning Director Curtis Williams, Public Works Manager Ed Taylor and City Clerk Pat Dowd Press: Clyde Noel, Los Altos Town Crier 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation by the Santa Clara County Housing Action Coalition on the Housing Issue in Santa Clara County This presentation was not made. 3. PLANNING COMMISSION REPORT Planning Commissioner Schreiner reported on the following applications from the 8/28/96 Commission Meeting: Lands of Dailey/Arden, 24875 and 24911 Prospect - recommended approval of a lot line adjustment; Lands of Lohr, 12100 Oak Part Court - request for a site development permit for a new residence and a variance to allow grading within ten feet of the property line - continued; Lands of Kash, 25500 Burke Lane - request for a site development permit for a new residence, detached garage, cabana and pool - approved; Lands of Hickman, 26020 Alicante Lane - request for a site development permit for a second story addition, sport court and cabana - approved; and Lands of Tan, 13910 Page Mill Road - request for a site development September 4, 1996 Regular City Council Meeting permit for a new residence, pool and tennis court - continued. Commissioner Schreiner also noted that an adjourned regular meeting had been held on 8/28/96 prior to the regular meeting and on site at the Lohr Subdivision to discuss building materials used on the homes. Casey recommended that Council reinstate the policy of having a Councilmember present at Planning Commission Meetings. Casey asked that this recommendation be agendized. 4. CONSENT CALENDAR Item Removed: 4.1 (Hubbard) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $319,200.91 (8/15/96) 4.3 Awarded contract for Page Mill Road Landslide Repair Project and approved recommendation for amendment to Capital Improvement Budget FY 95-96 -- Resolutions #73-96 and #74-96 4.4 Accepted offer of quitclaim deed, Lands of Nicholson and Lin, thn 12950 Robleda Road -- Reso #75-96 4.5 Accepted Robleda Road Retaining Wall Project, Power Engineering Contractors -- Reso #76-96 4.6 Accepted Edgerton Road Landslide Mitigation Project, Hillside Drilling, Inc. — Reso #77-96 Item Removed: 4.1 Approval of Minutes: August 21, 1996 MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unanimously to approve the minutes of the August 21, 1996 City Council Meeting with the following corrections: Page 1, correct Mrs. Edwards middle name from Sagator to Sagatun; Page 11, second paragraph, add the following to the consensus vote: "as the Town will be constructing the outfall, not the applicant".; Page 11, third paragraph, add the following to the consensus vote: "since the fees would would not be necessary due to dedication of conservation easements, pathway easements and road right of ways".; and Page 12, add the following to the motion: "to approve the remainder of the quarry hills area for annexation; and to reagendize this item for approval of the final paperwork on the annexation". September 4, 1996 Regular City Council Meeting 5. UNFINISHED BUSINESS 5.1 Response to the Grand Jury's Final Report: Review of the Implementation of the New Brown Act by Local Government Agencies Dauber referred to the response prepared by the City Attorney for the Grand Jury. She did not agree with the statement that the Town would be willing to participate in the formation of a task force on Brown Act issues and to participate in the development of a video on this subject. She recommended using organizations already in place such as the League of California Cities and the Santa Clara County Cities Association to coordinate these efforts. PASSED BY CONSENSUS: To amend the City Attorney's response to include Dauber's recommendations and to direct the City Clerk to send the approved response to the Grand Jury. 6. NEW BUSINESS 6.1 Request from Community Services Agency to use St. Nicholas School for the Alpha Omega Program participants from June 7, to July 5, 1997. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to approve the request from the Community Services Agency to use St. Nicholas School for the Alpha Omega Program participants from June 7, to July 5,1997. 6.2 Approval of policy on Secondary Dwellings and Accessory Structures Council had before them the Planning Commission's recommended policy on secondary dwellings and accessory structures. It read: 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 in 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 nptt a "secondary dwelling" where the layout or small size appears to preclude overnight habitation. and 3) The size of a "secondary dwelling" shall include all portions of any attached structure, except where attached to the main residence. September 4, 1996 Regular City Council Meeting v Casey strongly recommended continuing this item to allow time to schedule a public hearing on it and also to allow the Council Subcommittee on Communications the opportunity to recommend on the best way to obtain input on this issue from the Town's residents. Casey believed this policy had a significant inpact on residents and did not agree with questioning the integrity of the residents. She commented particularly on the impact on large lots and the Planning Director responded that the issue of large estates might be reviewed separately. Dauber noted that this policy would preclude putting a secondary dwelling over a garage and she did not agree with this. However, other than this particular item she concurred with the proposed policy and believed it was a fair interpretation of the code. Siegel believed that this policy needed to be clarified before the issue became a problem in Town. PASSED BY CONSENSUS: To continue this item to allow for scheduling of a public hearing and for input from the Council Subcommittee on Communications. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Subcommittee on Town Communications `• Casey reported that the Subcommittee on Town Communications was scheduled to meet on September 5th. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney 8.2.1 Notice of Intent to Circulate Petition The City Attorney reported that Stephanie Munoz had filed a Notice of Intent to Circulate Petition with the Town on September 4th. The City Attorney would review the content of the petition and would advise Council of the next step in the initiative process. 8.2.2 Sayre - Code Compliance The City Attorney stated that the Sayres had corrected the code compliance issues on their property but she was still in discussion with their attorney about the restrictive covenant. Mr. Pagano, the Sayres' September 4, 1996 Regular City Council Meeting attorney, had changed the original document prepared by the City Attorney without her knowledge. They were in the process of resolving this issue and she would advise Council of the outcome. 8.3 City Clerk 8.3.1 Report on Council Correspondence 9. COUNCIL -INITIATED ITEMS 9.1 Authorization to attend the League of California Cities Annual Conference in Anaheim (10/13/%— 10/15/96) and to attend the Elected Officials Leadership Academy Seminars in Anaheim (10/12/%) (Mayor Hubbard) MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Dauber and passed unanimously to authorize attendance at the League of California Cities Annual Conference in Anaheim (10/13/% — 10/15/96) and to attend the Elected Officials Leadership Academy Seminars in Anaheim 9.2 Designation of Voting Delegate for League Annual Conference (Mayor Hubbard) No action was taken on this item as no one from the Town was planning on attending the conference. 9.3 La Paloma Drainage (Councilmember Dauber) Dauber commented that she had been meeting with the neighbors on the issue of La Paloma drainage and they were now in concurrence with staff recommendations. 9.4 Wythe/Vitu Subdivision on Moon Lane (Mayor Pro Tem Casey) Casey asked the City Manager to call the neighbor, Mrs. Handley, to clarify the confusion of road work and certain road closures. 9.5 Contract for Page Mill Road Landslide Repair Project (Councilmember Siegel) September 4, 1996 Regular City Council Meeting Siegel inquired about the company who was awarded the contract for the Page Mill Road Landslide Repair Project and was advised that they were a large reputable company. 9.6 Sun County Cable (Councilmember Dauber) Dauber asked if the cable company had responded to the Mayor's recent letter on customer complaints. The company had not responded. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Proposed increase in rates to be charged for solid waste services The City Manager presented an overview of his staff report dated 9/4/96. One of the major issues under discussion was that of allowable expenses projected for the upcoming year. The Los Altos Garbage Company had used a different interpretation in the allocation of allowable expenses for the rate year 1996-97 than stated in the adopted franchise agreement. This different approach had been suggested by the consultants, Hilton Farnkopf and Hobson, hired in 1994 by the Bi -County Solid E Waste Task Force. This different interpretation was not acceptable to the Town. 4 Staff's recommendation to Council, using the allowable expenses outlined in the franchise agreement, would result in an overall rate decrease of approximately 13%. Jon Angin, Los Altos Garbage Company, noted that there had been some misunderstanding of the allowable expenses numbers. They were putting together new numbers and were almost in total agreement with the staff report. He asked that this public hearing be continued to the September 18, 1996 Council Meeting to allow them to meet again with the Council Subcommittee and staff on the new numbers. Mark Jensen, 26225 Purissima, asked for clarification of the current rates. Ed Esber, 13430 Country Way, referred to the law of unintended consequences. He believed that when the rates were raised last year they were anti -family. Those with more cans paid a much higher rate. He therefore believed that if the rates were decreased, they should be decreased more for the higher number of cans since these rates were raised higher. Jean Struthers, 13690 Robleda, referred to the cost of the yardwaste center and believed those who used it should pay for it. This would be much more equitable. She also asked why the residents could not get mixed paper picked up. %W September 4, 1996 Regular City Council Meeting Jon Angin, Los Altos Garbage Company, noted that they were very motivated to putting a backyard program in place for mixed paper and plastics recycling. In response to a suggestion for half -can rates, he commented that half -cans were difficult to implement especially when all of the recycling programs were in place. In response to an inquiry from Johnson about the different rates charged for public and private roads when indeed many of them were exactly the same, Mr. Angin stated that he would look into this issue and work with the Town toward an equitable resolution. Mr. Angin noted that they would also look into including large plastic water bottles which had been collapsed. Hubbard stated that they had tried to reduce tonnage by charging residents more for use of more cans. Since this had not worked perhaps the Council should revisit this issue. Siegel believed the most signficant issue was to reduce rates. Dauber suggested pulling tonnage from yardwaste center out of calculations. Casey agreed with Hubbard. PASSED BY CONSENSUS: To continue the public hearing on the proposed increase in rates to be charged for solid waste services to the September 18, 1996 City Council Meeting. 11.2 Review of Zoning and Site Development Ordinance Amendments regarding revisions to the Site Development Review Process and Proposed Negative Declaration (FIRST READING) The Planning Director outlined the proposed changes as recommended by the Development Process Subcommittee and as amended by the Planning Commission. These revisions outlined which applications would now be heard by the Planning Director/staff and which would be heard by the Planning Commission. The ordinance also addressed the notification process for these hearings. Council discussed the provision recommended by the Planning Commission that items reviewed by the Planning Director would be put on the Planning Commission's Consent Calendar. Casey did not think this was necessary. It had been the intent of the Development Process Subcommittee to give staff more authority and to streamline the process. Hubbard concurred with Casey. Johnson agreed this was a streamlining effort. Staff was most responsible and could certainly handle more challenges. Dauber did not agree at all. She believed the Planning Commission needed to get a sense of what was going on in Town. Placing these issues on the Consent Calendar increased communication and feedback. September 4, 1996 Regular City Council Meeting Dot Schreiner, Planning Commissioner, commented that the Planning Commission spent a lot of time protecting and safeguarding the Town. Although the current staff was excellent the Town could not count on this always being the case. She was very uncomfortable putting this ordinance in place without Planning Commission overview. Jean Struthers, 13690 Robleda, inquired about the role of the Pathways Committee and Environmental Design and Protection Committee in this new process. She also believed it was important that the neighbors be notified and their input be heard. Struthers recommended that the Planning Commissioners receive a copy of upcoming items to be heard by staff and then, if they wanted to, they could attend the meetings. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Hubbard and passed by the following roll call vote to eliminate the provision that all approvals by the Planning Director would be placed on the Planning Commission's Consent Calendar to determine if a Commissioner wished to appeal. AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel NOES: Councilmember Dauber `, MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to notice the neighbors on all swimming pool applications. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to reduce the notification limit to 100 feet for all projects requiring notice at the Planning Director level. PASSED BY CONSENSUS: To require the applicant to provide designs for outdoor lighting and landscape screening when plans are submitted. PASSED BY CONSENSUS: To clarify Section 10-2.1305(a) and (b) to reflect that both the Pathways Committee and the Environmental Design and Protection Committee were to be notified applications to be reviewed by the Planning Director. PASSED BY CONSENSUS: To change the 150 square feet to 250 square feet in the section for additions - floor area. MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed by the following roll call vote to increase 500 square feet to 750 square feet for secondary dwelling review. September 4, 1996 Regular City Council Meeting AYES: Mayor Hubbard and Councilmembers Casey, Johnson and Siegel NOES: Councilmember Dauber PASSED BY CONSENSUS: To change the height for antennas/satellite dishes from 48 feet to 40 feet. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to adopt the negative declaration, waive further reading of ordinance, introduce ordinance regarding revisions to the Site Development Review Process as recommended by the Planning Commission and amended by Council; and continue the public hearing to the next Council Meeting. 12. CLOSED SESSION: POTENTIAL LITIGATION: PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case: Los Altos Hills v. Shriver The City Council adjourned the Regular City Council Meeting to a Closed Session at 10:25 p.m. and reconvened at 11:00 p.m. 13. ADIOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 11:00 p.m. Respectfully submitted, Patricia Dowd City Clerk The minutes of the September 4, 1996 Regular City Council Meeting were approved at the September 18, 1996 Regular City Council Meeting. �b' September 4, 1996 Regular City Council Meeting