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HomeMy WebLinkAbout07/19/1995 (2)Minutes of a Regular Meeting July 19,1995 Town of Los Altos Hills City Council Meeting Wednesday, July 19, 1995, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Siegel called the Regular Meeting of the City Council to order at 6:15 p.m. in the Council Chambers at Town Hall. Present: Mayor Siegel and Councilmembers Casey, Hubbard and Johnson Absent: Councilmember Dauber E Staff: City Manager/City Engineer Jeff Peterson, City Attorney Sandy Sloan, Assistant City Attorney Tom Murtha, Planning Director Curtis Williams, Public Works Manager Ed Taylor and City Clerk Pat Dowd Press: None `' 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT 4. CONSENT CALENDAR Item Removed: 4.5 (Siegel) MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 4.1 Approved Minutes: July 5, 1995 4.2 Approved Warrants: $72,846.02(6/30/95) 1 July 19, 1995 Regular City Council Meeting L 4.3 Decided Not To Review the following Planning Commission Action at Its Meeting on June 28,1995: 4.3a Lands of Goldberg, 12012 Emerald Hill Lane: approved request for a Site Development Permit for a new residence and pool 4.4 Adopted the County Hazardous Waste Management Plan -- Reso #58-95 4.6 Introduced Ordinance to repeal and amend certain sections of the Los Altos Hills Municipal Code Item Removed: 4.5 Request for interpretation on measurement of height for property in the Bellucci Subdivision with required fill; Lands of LaJoie, 12025 Adobe Creek Lodge Road Council discussed how the height should be determined for the lots in the Bellucci Subdivision. PASSED BY CONSENSUS: To determine that the height for lots in the Bellucci Subdivision shall be measured from the fill line because of the flood plain situation. It was agreed the Planning Director would prepare a policy statement on this issue. 5. UNFINISHED BUSINESS 5.1 Set Date for Joint Meeting with City Council and Planning Commission PASSED BY CONSENSUS: To set Tuesday, September 19th as the date for a Joint Meeting with the Council and the Planning Commission. The meeting will start at 5:00 p.m. and go no later than 7:00 p.m.; no food will be served. It was further agreed that there would be a proposal from the Streamlining Subcommittee available to discuss at this joint meeting. 6. NEW BUSINESS 6.1 Approval of a lot line adjustment for Lands of Wise at 24301 Elise Court and Lands of Vidovich, Santa Clara County July 19, 1995 Regular City Council Meeting L John Vidovich, applicant, addressed the Council concerning this lot line adjustment. He commented that this was the proposed lot for his home and he was hoping to be able to move forward with this project. He did request that the lot line adjustment be allowed to go forward with the understanding that annexation or deannexation of the land under discussion take place later. PASSED BY CONSENSUS: To approve the proposed lot line adjustment for Lands of Wise at 24301 Elise Court and Lands of Vidovich, Santa Clara County subject to a conservation easement or other restriction on the property preventing further development on the portion of Lands of Wise (0.62 acre) until this property is deannexed to the County. 6.2 Status of Vidovich Applications with Santa Clara County Council had before them the Planning Director's 7/19/95 report on the Vidovich applications, including the lot line adjustment with Lands of Wise and the plans for his home. The report included the information that concerning the lot line adjustment the County was waiting for the Council's action and also clarification from the applicant on the exact lot line adjustment to be addressed. The County would request a copy of the Town -approved lot line adjustment plan from Mr. Vidovich. Regarding the house plans, these would be going through the County not the Town as the land was not in the Town's Urban Service Area. However, the County would be forwarding the plans to the Town for comment. Concerning the Quarry Subdivision Project, the Planning Director noted that if the necessary information was received from Mr. Vidovich within a couple of weeks, it was possible the project could be heard by the Planning Commission in September. Hubbard believed the house and the subdivision were related in such matters as access roads, etc. and he thought both applications should be discussed at the same time. Siegel noted that there were still several issues that needed to be resolved between the County and the Town. Casey commented on the septic vs. sewer issue and questioned mandating sewer systems. She asked that this topic be agendized for a future Council Meeting. Casey also asked if the Town had a policy discouraging large lots, such as Mr. Vidovich's lot for his home, and was advised that the Town had no such policy. 7. REPORTS FROM COMMITTEES, SUB -COMMITTEES. AND COUNCILMEMBERS ON OUTSIDE AGENCIES 8. STAFF REPORTS 8.1 City Manager July 19, 1995 Regular City Council Meeting 8.2 City Attorney 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 7/13/95 9. COUNCIL -INITIATED ITEMS 9.1 Request from the Association of Bay Area Governments for support in opposing the San Luis Drain Project (Mayor Siegel) Council took no action on this item. 9.2 Letter from the Governor's Office asking if the Town wants to support the continuation of the California Outer Continental Shelf Oil and Gas Leasing Moratorium (Mayor Siegel) PASSED BY CONSENSUS: To sign a letter of support for the continuation of the California Outer Continental Shelf Oil and Gas Leasing Moratorium. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for a conditional use permit, site development and zoning permit for the construction and operation of an unmanned communications facility, Nextel Communications, (Lands of Fenwick), 28011 Elena Road Laura Albright, representing Nextel, explained to Council the dimensions and placement of the proposed communications facility. She also shared photographs of the project. Siegel did express a concern about how many such facilities would ultimately be allowed in the Town? He made the suggestion that they should be limited to placement on Town land, Foothill College, Water District Land and the Fenwick property. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to approve the request for a conditional use permit, site development and zoning permit for the construction July 19, 1995 Regular City Council Meeting and operation of an unmanned communications facility at 28011 Elena Road, subject to the conditions of approval as recommended by the Planning Commission and based on the findings as recommended by the Planning Commission with the additional finding as follows: "The project would be compatible with the agricultural preserve provisions of the State's Williamson Act, as Section 51238 of the Government Code deems communication facilities compatible uses within an agricultural preserve." 11.2 Request for approval of a Certificate of Correction amending the final map to remove the building setback lines -- Tract #1286: Lands of Chopra, 14341 Miranda Way Lands of Colman, 14440 Manuella Road Lands of Downey, 14330 DeBell Road Lands of Garrettson, 14495 Miranda Road Lands of Goldsobel, 14415 Miranda Court Lands of Stoecker, 14355 Miranda Way Lands of Young, 14470 Manuella Road John Diffenderfer, representing Camargo & Associates Architects, stated that he was available to answer any questions Council might have on this application. %, MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously by all members present to approve a Certificate of Correction amending a Final Map to remove building setback lines for Tract #1286, subject to the findings as recommended by the Planning Commission. 11.3 Approval of City Manager's report on delinquent solid waste charges from the Los Altos Garbage Company -- Reso #_ Siegel noted that the mandatory costs for solid waste included several services besides the actual picking up of garbage and recycling. These services included: the yardwaste program on Purissima; the Household Hazardous Waste Program (mandated by the State of California); the quarterly clean-up days; and the removal of debris, litter, trash and other material collected by the Town crew. He also stated that there were approximately 2500 Los Altos Garbage Company customers in the Town and tonight the Town was discussing the City Manager's report on thirteen delinquent accounts. The present contract with the garbage company was due for renewal in July of 1998 and the terms of the present contract were in place until that time unless, of course, both the Town and Los Altos Garbage Company agreed on an amendment. July 19, 1995 Regular City Council Meeting The following residents addressed the Council objecting to the present mandatory garbage and recycling charges: Mr. and Mrs. Mark Jensen, 26225 Purissima; Jim Valenti, 25354 La Rena Lane; Dwight Miller, 2210 Old Page Mill Road; Lois Hogle, Old Page Mill Road; Hailen Mak, 11614 Dawson Drive; Stephanie Munoz, 13460 Robleda; Carlos Aubain and Maria Guevara, 25280 Cantata Way; Mrs. Kaizuka, 25750 La Lanne Court; and Donna Prudence, 13452 South Fork Lane. They stated that they did their own recycling and did not believe they should have to pay for a service they did not get. Regarding issues such as household hazardous waste, there were already facilities prepared to take these items such as at Stanford. Therefore, they did not believe this was a service needed by the residents of the Town. In addition they did not believe the Town's ordinance on solid waste was constitutional. In particular, the Town did not have the right to collect prior to the adoption of the solid waste ordinance in May, 1993. In their opinion this was a tax and the residents had not voted on it. On the subject of garbage exemptions, which were no longer given, they stated that these exemptions should be given to all residents who want them and who could satisfactorily explain what they did with their garbage. Limiting these exemptions to approximately sixty people in Town did not make sense. The issue of noticing was also raised with the comment that the residents should have been notified by certified mail of this mandatory charge. Ginger Malatesta and Joe Renati, representing the Los Altos Garbage Company, noted that when recycling was made mandatory in 1990, the residents were notified �w by a newsletter article and a notice from the garbage company. In addition they commented that the cost of operation was different for each city. Council discussed the several issues that had been raised by the residents present. In particular Council addressed the delinquent account report received from the Los Altos Garbage Company and asked for the City Attorney's comments on the accuracy of the figures. The City Attorney stated that the figures should be corrected to not include charges prior to 5/19/93, the date on which the solid waste ordinance was adopted. Casey stated that philosophically she agreed with non -mandated service and supported not imposing this lien process and allowing the City Manager to grant exemptions for garbage service. She suggested a voluntary meeting with the garbage company to discuss changes to the agreement. Hubbard requested a legal opinion on the ordinance which called for this lien process. He was quite concerned about equity and did not believe it was correct to change the process at this time and for a few residents. However, he wanted to be quite sure of the legal correctness of the procedure. Siegel also addressed the issue of equity. The franchise agreement and ordinance on solid waste applied equally to all residents. He did not agree with July 19, 1995 Regular City Council Meeting changing the requirements for the few residents who were present. Johnson sympathized with the points made by the residents who had spoken on this issue. He reiterated the Mayor's comments at the beginning of the meeting which noted that several services were included in the basic charges. However, he was not comfortable with proceeding with the lien process at this time. He believed that certain issues should be reconsidered such as the exemption procedure and the option of charging for the use of the yardwaste center. PASSED BY CONSENSUS: To direct the Los Altos Garbage Company to correct the report on delinquent accounts to correctly delete any charges prior to 5/19/93 when the solid waste ordinance was adopted by the Town. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to indefinitely postpone proceeding with the lien process for delinquent solid waste accounts. Siegel asked Councilmembers to submit their comments, concerns, suggestions, etc. on this issue to him in writing and he would agendize this matter for future Council discussion. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 9:45 p.m. (Respectfull!ly submitted, Patricia Dowd City Clerk The minutes of the July 19, 1995 Regular City Council Meeting were approved at the August 2, 1995 Regular City Council Meeting. July 19, 1995 Regular City Council Meeting