HomeMy WebLinkAbout03/05/1986 CITY COUNCIL
TOM OF IAS ALTOS PTIIS
y 26379 Fran nt Road
Los Altos Hills, California
MINUTES OF A REDO AR MEETING
Wednesday, March 5, 1986
cc: Reel 176, Tr. I, Side I, 001-end, Tr. I, Side II, 001-439
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers at Town Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Dronkert and Councilmembers Allison, Fuhntan, Rydell and van T<amelen
Absent: None
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, City Planner Nancy Lytle, City Engineering
Technician Bill Ekern and City Clerk Pat Dowd
Planning
Calm: William Siegel
Press: Jon Baker, San Jose Mercury; Mike McDevitt, Ins Altos Town Crier; and
Mary Fortney, Peninsula Times Tribune
' `. B. CASED SESSION: LITIGATION (Pursuant to Government rode Section 54956.9(a)
It was agreed to conduct this closed session after Old Business on the agenda.
C. CONSENT CALENDAR:
Iters Removed: C.1 - 2/19/86 minutes (Allison) and C.6 (City Attorney)
M7TION SECONDED AND CARRIES): Novel by Allison, seconded by van Tamelen and passed
unanimously to approve the balance of the Consent Calendar, specifically:
1. Approval of Minutes: February 18, 1986 and February 25, 1986
2. Approval of Warrants: $6,196.96 (2/28/86) and $150,198.78 (3/5/86)
• 3. Notion for Adoption: Motion setting March 19, 1986 as the Public Hearing Date
for the following tentative map application - LANDS OF UGIE, FILE 1M #5-85
(24970 O'Keefe Lane)
4. Tine Extension Request: request to extend tenative nap for Lands of Cochran,
File PM #1-82 (Page Mill load) to October 1987.
5. Resolutions for Adoption:
a) Resolution #25-86 setting the time and place of public hearing on an
` application for a special lard use permit (Lands of Anderson, 12000
Moody Springs Court)
CITY ODUNCIL MINUTES - Mardi 5, 1986
C. CONSENT CALENDAR: Item 5. Resolutions for Adoption (continued) :
416, b) Resolution #26-86 setting the time and place of public hearing on an
application for a special land use permit (Lands of McCandless, 26777
Almaden Court)
c) Resolution #27-86 setting the time and place of piblic hearing on an
application for a special land use permit (Lards of Cheng, 11651 Jessica)
d) Resolution #28-86 accepting bids for items of personal property and
rejecting all other bids (desk top copier)
e) Resolution #29-86 accepting a certain pathway and trail easement, and
conservation easement deed (Lands of Korpontinos)
D. PRESENTATIONS FROM 741E FLOOR:
Irma Goldsmith, President - Historical Society, rated that the Historical Society
had scheduled a quite interesting and informative meeting for Thursday, March 13,
1986 in the Council Chambers and invitations were extended to Council to attend.
E. REPORT FROM THE PLANNING 03MMISSICN:
Commissioner Siegel reported that at the 2/26/86 Planning Commission Meeting
the Commission reccuuende3 approval of the tentative map for Lards of Ugie
on O'Keefe Lane and and proposed a new ordinance on antennas. This proposed
ordinance has been forwarded to the City Attorney and will be agendized for
kir Council review at a later date.
F. PUBLIC HEARINGS:
1. LANDS OF LEWIS, Lot #3, Canario Way, request for a special land use permit
to allao construction of a new residence having a height in excess of fifteen
feet
The Engineering Technician referred to his 2/26/86 staff report which included
staff's recaaresdation that a special lard use permit be approved for the Lards
of Lewis based on the project's substantial conformance with the guidelines for
Ordinance #295.
Tan Barton, developer, asked if there could be sure latitude concerning the
color selection of the proposed residence. If p+ssible, he would like to
give the future purchasers of the residence sate choice in the selection.
M71ION SEOJN DED AND CARRIED: Nbvecl by Allison, seconded by Fuhutan and passed
unanimously to grant a special lard Ilse permit for the Lands of Lewis based on the
project's conformance with the guidelines for Ordinance #295, with the proviso
that the color of the new residence not be white.
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CITY COUNCIL MINUTES - March 5, 1986
F. PUBLIC HEARINGS: (continued) :
2. LANDS OF FARM, 15468 Vista Serena, request for a special land use permit
to allow a neva residence having a height in excess of fifteen feet
The Town Planner referred to her 2/27/86 staff report which noted that the Site
Development Committee recomtended approval of a spea,ia1 lard use permit for Lards
of Kahng based on the project's substantial conformance with the guidelines for
Ordinance #295.
Mr. Malek, architect, explained that the proposed residence had been designed for
a specific client. Their plans vere in accordance with the ordinance and the
clients fully understood that all of their allowed development area had been used.
Mr. Richard Fong, 15470 Vista Serena, oxmented on his two concerns related to
the project before Council: drainage and soils movement. %bile he was not against
the project, he was relying on the Council's good judgment that these concerns,
particularly soils movement, had been properly and adequately addressed.
Mary Stutz, Chairman - Pathways Committee suggested that guidelines be developed
to prohibit full development of a property by approximately 10% for a two year
period. It appeared that on a regular basis, residents who fully developed their
property would come back at a later tine for variances.
MYTIQd SECONDED AND CARRIED: hbved by Allison, seconded by Dronkert and passed
unanimously to deny a spe..ial lard use permit for the Lands of Kahng based on
the guidelines for Ordinance #295 and an assessment of Ordinance #295, Sections
5(b)i-viii and (c)
Allison stated that he could not make the findings in Section 5. (c) (i) (ii) and (iii) .
van Tanelen and Dronkert both noted that the application exceeded the guidelines
and Dronkert further mmented that the proposed residence was highly visible from
off site.
Allison asked staff to review the comments made earlier in the meeting by Mrs.
Stutz concerning projects at their maxim= development and he further suggested
that applicants be present at their public hearings so that it could be on record
that they understood they were at their maximum development and no further develop-
nent could take place on the lot.
3. LANDS OF IDERZ, 27421 Sherlock Rad, request for a special lard use permit
to allow a new residence having a height in excess of fifteen feet
The Town Planner referred to her 2/27/86 staff report which noted that the Site
Development Committee recommended approval of a special land yse permit for Lards
of Faerz based on the project's substantial conformance with the guidelines for
Ordinance #295.
Mr. Noel Eberz, applicant explained haw they had tried to conform to the Town's
requirements and recommendations concerning the design of their hone. He also
noted that the issue of Sherlock Road had been difficult for then over the years.
Referring to a recent judgment regarding Sherlock Road emi eived from Mr. and Mrs.
Lames to the Council, Mr. F orz stated that they had been to court at great tine and
expense, to the best of their knowledge they had done everything they could do and
he did not think it should interfere with the request for a special land use permit.
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CITY COUNCIL. MINUTES - Mardi 5, 1986
F. PUBLIC HEARINGS: Item 3 - Lards of Eberz (continued) :
Mr. David Janson, 27440 Sherlock Road, addressed the Council and recommended
Council grant a special land use permit for the lands of Eberz.
MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by Fuhrman and passed
unanimously to grant a spooial land use permit for the Lands of Eberz based on
the project's substantial conformance with the guidelines for Ordinance #295,
subject to the review by the City Attorney of the documents submitted interning
the Sherlock Road right-of-way.
4. LANDS OF SWIONPER, 12471 Barley Hill Road, request for a special land use
permit to allow construction of an addition having a height in excess of
fifteen feet
The Engineering Technician presented his staff report dated 2/26/86 which included
the staff remmerdation that Council uphold the Site Development Committee's
reunuciled approval of a special land use permit for lards of Swiontek on Barley
Hill Road.
MOTION SECONDED AND CARRIED: Moved by van Taurlen, seconded by Fuhrman and passed
unanurarsly to grant a special land use permit for the lands of Swiontek based on
the project's conformance with the guidelines for Ordinance #295.
5. LANDS OF TING, 27430 Elena, request for a special land use permit to allow
construction of an addition having a height in excess of fifteen feet.
ibe The Engineering Technician presented his staff report dated 2/26/86 which included
staff's recommendation that a special land use permit be granted for Lands of Ting
based on the project's substantial conformancewith the guidelines for Ordinance #295.
Mr. Ray Rooker, applicant's architect, explained the one story proposed addition
on the side of the property and noted that there would be no visual impact as there
was a natural screen of existing trees.
MTPION SE(AIIDED AND CARRIED: Moved by Allison, seconded by Fuhrman and passed
unanimously to grant a special land use permit for the Lands of Ting based on the
project's substantial conformance with the guidelines for Ordinance #295.
6. LANDS OF MAREK, 25121 Tops Way, request for a special lard use permit to
allow construction of an addition having a height in excess of fifteen feet
The Engineering Technician referred to his staff report dated 2/26/86 which
included the staff retomnedation that a special land use permit be granted for
the lards of Marek based on the project's substantial conformance with the guide-
lines for Ordinance #295.
Mr. Don Marek, applicant, explained the tin parts of the project: the family
roan addition and the restructure of the rcof of the garage to receive solar panels.
He noted that the douse had been there for about thirty years and the project wild
blend in with the existing development.
Mri'ION SECONDED AND CARRIED: Moved by Allison, seconded by Fuhrman and passed unani-
maisly to grant a special land use permit for the lands of Marek based on the
project's substantial conformance with the guidelines for Ordinance #295.
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CITY CCONCII, MINUTES - March 5, 1986
G. OLD BUSINESS:
1. Lards of Herpick, 28041 Horseshoe Court, request for a special land use
permit to allow construction of a new residence having a height in excess
of fifteen feet
The Staff Planner referred to her staff reports dated 2/27/86 and 1/29/86 and
noted that staff reoamended approval as did the Site Development Camittee for
a special land use permit for Lands of Herpick based on the project's substantial
conformance with the guidelines for Ordinance #295. It was further noted that a
field trip had been held on 2/25/86 at which time the applicant had submdtted.
revised plan elevations for the project.
Bob DOAmaral, architect, commented, in response to a question from Council, that
Mr. Herpick was pleased with the revised plans and changes and the overall project.
ICPION SEOUNDED AND CARRIED: Moved by Allison, seconded by Pullman and passed
unanimously to grant a special lard use permit for Lards of Herpick based on the
project's substantial conformance with the guidelines for Ordinance #295.
2. Lards of Gigli, 12321 Gigli Court, request for a special land use permit to
allow construction of a new residence having a height in excess of fifteen
feet
The Town Planner presented her report dated 2/27/86 whidt included the staff
reccamendation that a special lard use permit be granted Mase] on the project's
conformance with the guidelines for Ordinance #295 and based on the revised
4/00 elevations which are consistent with and appropriate to the location, lot and
neighborhood.
Mr. Loren Nelson, Gerard Develontent, presented two renderings of the project
and explained the changes that had teen made to the design of the house, specifically
the turret had been removed and the roof line had been changed. Mr. Nelson further
discussed the siting of the house and the reduction in floor area.
crInN SECONDED AND CARRIED: Moved by Rydell, seconded by F7,hnman and grassed
unanvmmsly to grant a special laud use permit for Lards of Gigli based on the
project's conformance with the guidelines for Ordinance #295.
As members of the audience were present to discuss certain issues, the following
items were discussed at this point in the meeting: Proposal for Joint Study and
Management of Adobe Creek and Storm Damage to Josefa Lane
3. Proposal for Joint Study and Management of Adobe Creek
The City Manager referral to his 2/28/86 staff report which suggested that the
Council may wish to ratify Los Altos that the Town is willing to cooperate with
Los Altos and the Flood Control District in a regional study if Ins Altos feels such z
study is warranted. The City Manager also cemented that the proposed mid-year
revised budget for the Town will include appropriations for a Town-wide drainage
study and easter plan whith will address the drainage problems associated with
Adobe Creek.
Dorothy Gray, 762 Fklcewood Lane - Las Altos. referred to the proposal for a joint
study and management of Adohe Creek which she had written and reiterated her con-
cerns that Adobe Creek was in serious trouble. Na. Gray referred to oamients on
the present status of Probe Creek as made by Dr. Samuel McGinnis, a biological
consultant, which substantiated her concerns.
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CITY COUNCIL MINUTES - March 5, 1986
G. OID BUSINESS: Iten 3 - Proposal for Joint Study and Management of Adobe Creek
(continued) :
Jean Struthers, 13690 Rnbleda Road, stated that she had lived in Town for 10 years
and the drainage in her area was getting worse although there had not been that
much development over the years. Mrs. Struthers thought that not only the creek
but also its tributaries should be studied and she further suggested educating
the residents of the Town on proper landscaping around creeks.
PASSED BY CONSENSUS: To direct the Mayor to send a letter to the Los Altos City
Council stating that the Town was willing to cooperate with Los Altos and the
Santa Clara Flood Control District in a regional study of Adobe Creek if the Los
Altos City Council felt that such a study was warranted, noting that the level of
cooperation world be constrained by reasonable financial limits.
4. Storm Damage to Josefa Lane
The City Manager referred to his 2/28/86 staff xelurt which noted that the Town
was not responsible for the maintenance or repair of the portion of Josefa Lane
damaged in the last storm nor the drainage alongside of it. The City Manager
suggested that this problem might best be solved by the two property owners
involved: Foothill College and Mr. and Mrs. Runmand.
Mr. Dean Pounnand, 26200 Josefa Lane, addressed the Council concerning the
maintenance of the creek that runs alongside Josefa Lane and the damage to Josefa
Road. Be referred to a letter he wrote to the Town on 2/4/86 and also presented
a letter dated 3/4/86 on the same subject. While he appreciated the Town's crew
6 arcing out in an emergency situation on 2/14/86, Mr. Pountand was of the opinion
�/ that the Tan was responsible for rebuilding the road. Mr. Pouxmand stated that
he felt he had been mislead and he wanted to be advised whether he should go to
the Council or to Foothill College to get this matter resolved. If indeed it was
Foothill, wrnmld the Torn intercede and contact the College on behalf of Mr.
Pounnand?
Council and staff discussed the background history of Josefa and Mr. Pounmand's
correspondence. The Mayor explained that Mr. Pourmanl should contact the College
directly with his concerns and staff reiterated that the portion of Josefa Lane
being discussed was not a Tan road and provided principle access to the Iounnands'
residence only. Mr. Pourmand was advised that should he wish to review this
matter further, the files at Tan Hall were available for his study.
5. Items Removed from the Consent Calendar:
a) Approval of Minutes: February 19, 1986
MOTION SECONDED AND CARRIED: hovel by Fnhnman, seconded by van Tamelen and passed
unanimously to approve the minutes of the 2/19/86 Council Meeting with the following
erendmeits: page 3, Iter F.3, motion should read- to grant an exception to
require a spx,ial land use ; page 4, Iter G.3, sentence should read:
'This item was continued to the 3/5/86 meeting at request of applicant; page 4,
Itemm G.4d), first paragraph should read: 'Allison stated that he was opposed to
the Town spending a lot of money for insurance and getting nothing for it. '; page 6,
Item I.3.i) , motion should read: ' . . . .to camerd the crew and the staff on the
outstanding job they did for the T1o<an during the recent storms and for the consider-
able effort made by the crew and the staff during the past two years in addressing
the maintenance of the Town's roads, creeks, paths and drainage.; page 7, Iter I.j)
paragrabim should read: 'Dronkert cemented on Mr. nninton's article concerning the
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CITY COUNCIL MINUTES - March 5, 1986
G. OLD BUSINESS: Item 5. Items Removed from Consent Calendar (continued) :
`• Fair Responsibility Act and took issue with his claims and conclusions.; page 7,
Item J.2.a) , insert the following paragraph: 'Council had before than a memorandum
from the City Attorney dated 1/22/86 on the path eacenent at Tract 3908. This
opinion states, in part, that no evidence can be found that the middle link of
the path in question, the portion running along the east line of Lot 4, was ever
offered for dedication either to the 'Roan or to the public. The opinion further
states that the Tuan could enforce the claimed rights to use the middle link only
if it had been dedicated to and accepted by the Down, or if it had been offered
to the public for its use and accepted by public use. Permissive use alone is not
sufficient to establish prescriptive title to a right of way over another's lands. ';
page 7, Iter J.2.a) second sentence of second paragraph should read: ' Mile they
would like to see the pathlivable, they did not htink at this time there was a
solution.'
b) Recommended denial of claim: Janet Heyl
The City Attorney stated that the appropriate action for Council to take was to
deny the application for leave to present late claim concerning the matter before
than from Janet Heyl.
MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by van Tamelen and passed
unanimously by all members present* to deny appplication for leave to present late
claim concerning the claim received frau Janet Heyl.
t H. CICSED SESSION: LITIGATION (Pursuant to Government Code Section 54956.9(a)
The City Council adjourned at 10:30 p.m. to a Closed Session for Litigation
and reconvened at 10:45 p.m.
I. OTHER BUSINESS:
1. Reports from Standing Committees:
a) Safety Committee:
Barbara Tryon, foutri Chairman - Safety Catmittee, noted that three members of
the Safety Committee were on the Disaster Preparedness Subcommittee (Betsy
Bertram, Ruth Sunman and David Palley) and a chairman of this subcommittee
would be chosen at a later time. Mrs. Tryon also noted that although she had
resigned from the Safety Committee due to her appointment to Council, she would
continue to attend the Emergency Managers Meetings as a representative of the
7bwn. The Mayor thanked Mrs. Tryon for all of her work on the Safety Committee.
2. Reports from Ad Hoc Camnittt es:
a) Heritage House
Council discussed a report prepared by Fd Barnes on the Ton's Anniversary and
planned dedication of the house. Council did agree with the weekend of July 4th
for the combined celebration of the Town's anniversary and the dedication of the
House but did suggest that the dedication be held early on the first dev of
scheduled events. It was further suggested that the Pathways, Recreation the
Committee be asked for their tions on activities for the weekend.
*For purposes of clarification I have generally followed the agenda format in these
minutes. For the record, Councilor Allison was present for the closed session
and his comments on Council matters. He left the meeting at 10:45 p.m.
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CITY COUNCIL MINUTES - March 5, 1986
I. OTHER BUSINESS: (continued) :
3. Council Business:
a) Allison: Calpirg Meeting on Bottle Bill
Allison manented that he had attended a Calpirg meeting earlier in the day
concerning the amended bottle bill which had passed the Assembly in January
1986.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Taielen and
passed by the following roll call vote to adopt Resolution #30-86 expressing
opposition to ,nmeded assembly bill 2020 (Bottle Bill)
AYES: Mayor Dronkert and CAuncilmcm}ers Allison, Rydell and van Tamelen
NOES: None
ABSENT: Mayor Pro Ten Fuhnian
b) Allison: Intergovenmental Council Meeting
Allison reported that two appoininrlcts were going to be made at the next IOC Meeting,
specifically to the Paratransit Coordinating Om:nail and the Emergency Medical
Commission. In addition, Allison noted that Mr. Lightbody had offered to attend
Council meetings to present a report on Transporation 2000; Allison thought this
was a good idea for a future meeting.
c) van Tamelen: New Mayors and Cauncilmenters Conference
van Tamelen suggested that the Tann authorize Barbara Tryon's attendance at the
new oannciimembers conference. It was agreed this could be placed on a Council
agenda in the near future.
d) van Tamelen: ABAG - 3/27/86 mooting
van Tacelen stated that in her opinion it was disgraceful that the cost of the
General Assembly Meeting of ARPG on 3/27/86 was $100.
e) Dronkert: Council Appointments
It was noted that Barbara Tryon was interested in the Transportation Commission
and Traffic Authority and Dronkert expressed an interest in attending the IGC
Meetings. Specific appointments will be on a future Council agenda.
f) Dronkert: National Agriculture Day
PASSED BY CONSENSUS: To p..uclaim 3/20/86 as National Agriculture Day
g) Dronkert: light reflectors on Magdalena
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed
-unanimously by all members present to install light reflectors down the center of
Magdalena.
Council further agreed that Mr. Kevin Shluker would be advised in writing of this
action on his earlier request for a bikepath or reflectors on Magdalena.
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CITY COUNCIL MINUTES - March 5, 1986
J. NEW BUSINESS:
`, 1. Request frau owner of Not #16 Matadero Creek for assumption of note
property by new buyer of lot.
The City Manager noted that the necessary financial information had rot been
received by the Town toappropriately evaluate the assumption of the note
by the new buyers; however, it was to the Town's advantage at this point to
extend the note an let #16 as it was now due on 3/15/86.
MOTION SEO3NDED AND CARRIED: Moved by van Tamelen, seconded by Fuhnnan and
passed unanimously by all members present to adopt Resolution #31-86 extending
the date of payment of insta]]ment note in connection with the purchase of
Dot #16 in Matadero Creek Subdivision.
2. Request by Safety Carmittee member Betsy Bertram for financial assistance
to attend a California Specialized Training Institute
Mrs. Bertram, member - Safety Caumittee, addressed the Council concerning the
upcoming Institute aid requested reimbursement from the Tuan for the $125
registration fee. She noted that she would pay the other expenses and she also
explained that she felt this would be quite worthwhile for the Town.
Council discussed the request before then and requested clarification of specific
ways in which attendance at this conference would benefit the Town. As this
request had been received after the agenda, it was agreed that the City Manager
would review the request, obtain additional information on the seminars under
discussion and report back to the Council at the next meeting.
K. STAFF REPORTS:
1. City Manager:
a) Proposal for Joint Study and Management of Adobe Creek
This item was discussed earlier in the neeLing.
b) Report on erosion, Corduran residence, 10531 Magdalena
This itan was continued at the request of Mr. Corduran.
c) Storm Damage to Josefa Lane
This itan was discussed earlier in the meeting.
d) Report on costs for a once-a-year curbside clean-up by Ios Altos Garbage Co.
Council had before than a letter frau Mr. Renati, President of Ios Altos Garbage
Canpany which addressed the costs involved of a once-a-year curbside service. As
it was expensive, it was agreed that residents' input would be obtained by inserting
a query in the upcoming newsletter as to tether a resident would or would not be
interesting in paying for such a service. It was also noted that prior to any
Council action on this subject, a public hearing would be held.
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CITY COUNCIL MINUTES: March 5, 1986
K. STAFF REPORTS: Item 1 - City Manager (continued) :
MOTION SECONDED AND CARRIED: Moved by Fuhntan, seconded by van Tamelen and
passel unanimously by all nienbers present to go past the hour of adjournment.
e) Report on S-Curve Project: option of requesting partial bids
It was agreed this iter would be discussed at the next Council meeting.
f) Small Cities Round Up
The City Manager iewrtei on a Small Cities Round Up to be held later in the ninth
of March which he thought would be quite beneficial to the Town.
MOTION SECC DED AND CARRIED: Moved by van Tamelen, seconded by Fuhxman and
passedunanimously by all members present to authorize any present or future
members of the Council to attend the Small Cities Rand Up in March 1986.
g) Town Newsletter
Barbara Tryon armesnted that it was Council policy that the editor of the Oban
newsletter was responsible for editing the newsletter. It was agreed to review
this Council policy at a later date.
2. City Attorney:
3. City Clerk: Report on Council Correspondence
1111, L. ADJOUPM1ENT:
There being no further new or old business to discuss, the City Council adjourned
at 12:30 a.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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