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HomeMy WebLinkAbout12/07/1994Minutes of a Regular Meeting December 7, 1994 Town of Los Altos Hills City Council Meeting Wednesday, December 7, 1994, 6:00 P.M. Council Chambers, 26379 Fremont Road 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE Mayor Dauber called the Regular Meeting of the City Council to order at 6:05 p.m. in the Council Chambers at Town Hall. Present: Mayor Dauber and Councilmembers Casey, Hubbard, Johnson and Siegel Absent: None Staff: City Manager Les M. Jones, II, City Attorney Sandy Sloan, Tom Murtha (City Attorney's Office), Director of Public L, Works Jeff Peterson and City Clerk Pat Dowd Press: None 2. APPOINTMENTS AND PRESENTATIONS 3. PLANNING COMMISSION REPORT Planning Commissioner Dot Schreiner reported that in addition to the item on the Council's Consent Calendar, the following actions were taken at the 11/9/94 Planning Commission Meeting: Lands of Brockway, 25525 Moody Road, six lot subdivision - continued; Lands of Lohr, 24012 Oak Knoll Circle, request for a site development permit for a new residence - continued; Lands of Roley, 12200 Winton Way, request for a site development permit to rebuild a fire damaged residence with a major addition and a variance to exceed the allowable maximum development and maximum floor area - denied; and Lands of Vucinich, 13826 Page Mill Road, recommended approval of tentative map 4. CONSENT CALENDAR Items Removed: 4.1 (Dauber) and 4.3a (Dauber) December 7, 1994 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.2 Approved Warrants: $207,822.53 (11/30/94) 4.4 Accepted grant of storm drain easement adjacent to Lupine Road, Lands of Chen, 27765 Lupine Road -- Reso #87-94 4.5 Approved designation of the Santa Clara County Transit District as the agency responsible to develop, adopt, update, administer and enforce a Congestion Management Program for Santa Clara County and approving a Joint Powers Agreement for the administration of that program -- Reso #88-94 Items Removed: 4.1 Approval of Minutes: November 16, 1994 (Regular Meeting) MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Johnson and passed unanimously to approve the minutes of the November 16, 1994 Regular City Council Meeting with the following corrections: page 4, first paragraph should read: "Council discussed the right of way policy and agreed that the 40' radius should be treated the same way as the half road policy but the fire safety issue could impact this policy."; page 5, Item 7.1.1 "Bob Rahl" should be "Bob Rayl'; and page 6, third paragraph, delete the following: "and Dauber asked if the Town wanted to accept the path at this time." 4.3a Lands of McLaren, Altamont Road and Zappettini Court: approved request for a lot line adjustment Dauber questioned the conformity of the lot concerning development area when the street dedication was made. It was agreed this could be addressed at the time of site development and the City Engineer further noted that lot line adjustments could not be conditioned. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Casey and passed unanimously to concur with the Planning Commission's approval of the lot line adjustment for Lands of McLaren at Altamont Road and Zappettini Court. 5. UNFINISHED BUSINESS 5.1 Discussion of Proposed Santa Clara County General Plan December 7, 1994 Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard and passed unanimously to support the proposed draft of the Santa Clara County General Plan and to request the Mayor to send a letter to the Board of Supervisors stating this support. 6. NEW BUSINESS 6.1 Request for contiguity/annexation statement for a building site approval for Lands of Kwan, 10800 West Loyola (Town's Urban Service Area) Council discussed the Kwan project which was in the Town's urban service area. Johnson noted that this was an area of so many nonconformities that he believed it would be quite difficult to require the applicant to conform to the Town's codes. Siegel concurred with Johnson stating his opinion that the project should not be required to undergo annexation to the Town nor to conform to the Town's codes. Dauber disagreed stating that houses were being built on a regular basis and if the Town did not at some point start requiring conformity to its codes, it would never happen. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed by the following roll call vote to state that the project at 10800 West Loyola, Lands of Kwan, did not have to annex to the Town nor did it have to conform to the Town's codes. AYES: Mayor Pro Tem Siegel and Councilmembers Casey, Hubbard and Johnson NOES: Mayor Dauber 6.2 Request for appeal of certain findings in the William Cotton Geotechnical Report for Lands of McNees, 24990 La Loma Drive Mr. McNees, applicant, addressed the Council concerning his request for an amendment to a geotechnical report prepared by William Cotton and Associates on his remodel project. He did not agree with the requirement to underpin the entire house as the amount of proposed development was not that substantial and it would be very expensive to comply with this requirement. He believed it would be in the area of $50,000 to $60,000. The Planning Director referred to the 12/7/94 staff report which included the notation that the Town Geologist, William Cotton, recommended that the entire house be underpinned. This recommendation was based on the recommendation December 7, 1994 Regular City Council Meeting of the applicant's geologist, Jo Crosby. The Planner further commented that meetings had taken place with the applicant, both geologists and staff to attempt to resolve this issue. It was suggested that other options for the project be considered which would address everyone's concerns. Pat Shires, William Cotton and Associates, noted that this lot was located in the Berrocal Fault and in their opinion certain geologic concerns needed to be addressed. However, he did point out that compromise was possible and options could be considered. Siegel suggested that a compromise be reached on this project. He believed the applicant could work with staff and the geologists toward a resolution of the issues. Siegel commented that the law required disclosure of all geologic findings and in addition a notice could be put in the title report concerning geologic reports. The applicant agreed with such a notice. Dauber recommended that the applicant's geologist, Jo Crosby, bring a modified, affordable plan which had the concurrence of the Town's Geologist, back to the Planning Director for review. Hubbard concurred with these suggestions. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously to recommend the applicant work with his geologist, the Town's geologist and staff on a compromise that would reasonably address the size of the project, the cost involved and the geologic issues. 7. REPORTS FROM COMMITTEES. SUB -COMMITTEES, AND COUNCILMEMBERS ON OUTSIDE AGENCIES 7.1 Safety Committee 7.1.1 Request for subcommittee of Pathways Recreation and Parks Committee and Safety Committee members to evaluate the Safety/Pathway issue for emergency vehicle use PASSED BY CONSENSUS: To concur with the Safety Committee's recommendation for the formation of a subcommittee of Pathways Recreation and Parks Committee and Safety Committee members to evaluate the Safety/Pathway issue for emergency vehicle use. Two members from each committee would be named to this subcommittee. 8. STAFF REPORTS 8.1 City Manager 8.2 City Attorney December 7, 1994 Regular City Council Meeting 8.3 City Clerk 8.3.1 Report on Council Correspondence dated 11/9/94 9. COUNCIL -INITIATED ITEMS 9.1 Appointment of Representative to ABAG (Mayor Dauber) This appointment was continued to January. 9.2 Authorization to attend the Mayors and Councilmember Institute -- Sacramento -- January 18-20,1995 (Mayor Dauber) PASSED BY CONSENSUS: To authorize attendance at the Mayors and Councilmember Institute in Sacramento -- January I8-20, 1995 for any Councilmember who wished to attend. 10. PRESENTATIONS FROM THE FLOOR 11. PUBLIC HEARINGS 11.1 Request for approval of a negative declaration and tentative map for a three lot subdivision, Lands of Vucinich, 13826 Page Mill Road The City Engineer referred to his staff report on this subdivision. Several meetings had taken place with the neighbors on the drainage issue and agreement had been reached. There was one area that needed clarification. It had been staff's understanding that at the 6/1/94 Council Meeting when staff had been directed to have the storm drain designed for the Moon Lane basin, the Town would pay for the engineering design and cost estimates. However, Council intended that these design costs would be later prorated among the parties paying for the construction costs. Council concurred with staff's interpretation. Alan Huntzinger, applicant's engineer, commented that he had not understood these costs would be shared by all parties. Mr. Huntzinger referred to the conditions of approval with which he agreed but he did have some questions about the conservation easements and landscaping. Jean Struthers, Chairman of the Environmental Design and Protection Committee, addressed the issue of invasive plants such as bamboo which negatively impacted native plants. She also concurred with an above ground irrigation system but not one under ground. December 7, 1994 %W Regular City Council Meeting James Dixon, architect for Morley Young, stated his client's home was above these lots and they were strongly opposed to this subdivision. Their reasons included environmental concerns, erosion problems, disruption of vistas. In addition they did not believe the drainage issue had been adequately resolved and the density of this project was too great. Morley Young, 27840 Saddle Court, stated he was definitely not in support of this subdivision nor any other development on this land. He thought drainage was a serious matter and there should be height restrictions. Betsy Bertram, 11854 Page Mill Road, noted that when they subdivided twenty years ago the drainage issues had not been resolved. Tim Chown, 13822 Page Mill Road, commented on the neighbors' concerns about the sanitary sewer easement and storm drain easement along Moon Lane. Dot Schreiner, Chairman of the Planning Commission, stated that the Commission believed the conditions of this subdivision addressed the issues and specifically noted that there were two fire accesses on Moon Lane. MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously to delete the following sentence from condition #5 "No formal gardens may be planted." and to add the following statement to condition #5: "Sensitive planting is required in this area due to the fact that the swale enters a major creek." PASSED BY CONSENSUS: To amend condition #I1 to read: A storm drainage system shall be constructed from the west boundary of the subdivision to Matadero Creek, as designed by Wilsey and Ham consultants and as approved by the City Engineer. The Town shall fund the upper portion of the storm drainage improvements from the existing system on the Anderson property to the Vucinich property. The applicant shall construct the drainage improvements within the subdivision and between the subdivision and Matadero Creek. The applicant shall pay for a prorated share of the engineering costs of the storm drain system equal to the percentage of construction costs which are to be paid for by the applicant. The applicant and the Town shall enter into a ten year reimbursement agreement for the cost of oversizing the system from a 15 inch pipe to a 24 inch pipe and for future connections to the storm drain system, to the satisfaction of the City Engineer and the City Attorney. Improvements shall be installed prior to recordation of the Final Map or be bonded for. L.. December 7, 1994 �r Regular City Council Meeting MOTION SECONDED AND CARRIED: Moved by Dauber, seconded by Siegel and passed unanimously to add a condition stating that the house on lot #2 shall not exceed 370' contour line in height and the house on lot #3 shall not exceed 380' contour line in height. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Hubbard and passed unanimously to certify the negative declaration for a three lot subdivision at 13826 Page Mill Road, Lands of Vucinich. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to approve a three lot subdivision at 13826 Page Mill Road, Lands of Vucinich, subject to the conditions of approval as recommended by the Planning Commission and amended by Council. 11.2 Proposed increase in rates to be charged for solid waste services Dauber presented a brief background summary on the need for increased rates for garbage services. Rates were last changed on March 1, 1993. The new rates caused many customers to use less cans, and to pack their cans more tightly. This resulted in revenue to the Los Altos Garbage Company being lower than the amount on which the new rates were predicated. Furthermore, despite this can attrition, the amount of waste generated by the residents increased, which correspondingly increased the dumping fees for the Town. At the same time, because of the recession in home construction, builders used far fewer debris boxes (dumpsters) to dispose of their building waste. Since profitability of the debris boxes was also reckoned into the overall cost picture, this situation further widened the gap between estimated income and actual costs. The Los Altos Garbage Company has an exclusive franchise from the Town, which regulates most aspects of the solid waste collection operation, and requires that the costs of operation are fully offset by the rates charged to the residents. It is now therefore necessary to reassess the rates. Jean Struthers, 13690 Robleda Road, asked for clarification of the tonnage increase. In response to her concerns that people were stealing recyclables, Mrs. Struthers was advised that the reduction was in glass and paper not in cans. Betsy Bertram, 11854 Page Mill Road, expressed her concerns about garbage services for an elderly and infirm neighbor she took care of. Mrs. Bertram explained that this neighbor was unable to bag her newspapers for recycling but the garbage company was insistent that this procedure must be followed. Since the neighbor was unable to get the service, she did not want to pay the garbage company. December 7, 1994 Regular City Council Meeting Jon Angin, General Manager of the Los Altos Garbage, noted that he had spoken with the route supervisor but he did not have a status report at this time. He would provide an update as soon as possible. Council addressed the proposed rate increase and the importance of giving the residents an opportunity for input. It was agreed that a Special Meeting of the Council would be held on this issue on December 19, 1995 and a notice would be put in the Town Crier. Council discussed various options for implementing the rate increase and also discussed what increase was needed. It was noted that an 18% increase was needed just to cover ongoing expenses. Suggestions were made to take money from the solid waste fund to cover some of the costs of the rate increase thereby reducing the percentage of rate increase needed. It was further suggested that the larger rate increase should be imposed during the first year. A recommendation was an 18% increase the first year, with a 10% the next. Maintaining the base line rate and implementing an inverted rate structure were also discussed. Kevin Cerutti, representing Los Altos Garbage Company, stated that the company needed a 19.9% increase the first year with a reevaluation during the third year. Councilmember Casey left the Council Meeting at 9:50 p.m. due to another commitment. Concerning the franchise agreement, Council asked for clarification of the increased administrative costs and was advised that part of the increase was due to mandatory compliance expenses and part was due to the Town's increase from 7% to 9% of the company's income stream. Jon Angin, General Manager - Los Altos Garbage Company, responded to an inquiry about debris boxes and noted that debris box rates were brought to each city each year and comparisons were made among the cities. Peter Hanschen, representing Los Altos Garbage Company, commented that the allocation method was not perfect but the company was working on it. The Los Altos Garbage Company would bring back different methods of allocation and show how they would affect the cities. This report would be brought back to Council within four months. Mr. Hanschen agreed this would be included in the settlement agreement. Los Altos Garbage Company would also write a letter addressing their intent to study the distribution of costs among cities. (` December 7, 1994 Regular City Council Meeting It was agreed that rate information would be prepared by the Los Altos Garbage ihor Company for the December 19th Special Meeting and the City Attorney's office would be directed to prepare the agreement and rate increase documents which would be considered at that time. PASSED BY CONSENSUS: To authorize the City Manager to sign the extension agreement with Los Altos Garbage Company. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to add a Closed Session to the agenda as an urgency item. 12. CLOSED SESSION: DECISION WHETHER TO INITIATE LITIGATION: GOVERNMENT CODE SECTION 54956.9(c) Council returned to open session to report, if necessary, on any action taken. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council Meeting was adjourned at 12:00 midnight. Respectfully submitted, Patricia Dowd City Clerk The minutes of the December 7, 1994 Regular City Council Meeting were approved at the February 1, 1995 City Council Meeting. December 7, 1994 Regular City Council Meeting