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HomeMy WebLinkAbout06/04/1986CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, June 4, 1986 cc: Reel 178, Tr. I, Side I, 200 -end, Tr.l, Side II, 001-553 Mayor Fuhrman 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: L Present: Mayor Fuhrman and Councilmembers Dronkert, Tryon and van �I Tamelen Absent: Mayor Pro Tem Rydell Staff: City Manager George Scarborough, Assistant City Attorney Susan St. Clair, City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd Planning Comm: Luis Yanez B. CONSENT CALENDAR: Items Removed: B.1, B.7 (Dronkert); B.3a) (City Manager) Item Added: B.8 Motion setting public hearing on revenue sharing MOTION SEODNDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously by all members present to approve the balance of the amended Consent Calendar, specifically: 1. Approval of Minutes: May 21, 1986 2. Approval of Warrants:$30,078.88 (5/31/86) and $37,138.92 (6/4/86) 3. Resolutions for Adoption: b) Resolution #72-86 setting the time and place of public hearinc on an application for a Special Land Use Permit (Lands of Littauer, 1 27305 Deer Springs - addition) c) Resolution #73-86 approving and authorizing execution of an encroachment permit agreement between the City of the Town of Los Altos Hills and Michael Del Castello (28540 Matadero Creek - fence) 4. Recommended denial of claim: Douglas and Carol Tanner 5. Recommended denial of claim: David Bowers 6. Recommended denial of claim: Arnold and Cynthia Roberts 8. Public Hearing Date for consideration of proposed use of revenue sharing funds for 1986-87 C. PRESENTATIONS FROM THE FLOOR: D. REPORT FROM THE PLANNING COMMISSION: Commissioner Yanez reported that the following items were discussed at the May 28, 1986 meeting: a preliminary review of a variance to exceed the gross floor area allowed for a detached secondary dwelling unit; interpretations of Code sections relating to retaining walls and an existing wall, and continued discussion on a study session for the Site Development Ordinance implementation. �. PUBLIC HEARINGS: 1. 1. LANDS OF SOMEKH, 25625 Moody Road, 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 5/29/86 which included the recommendation from the Site Development Committee that Council approve a special land use permit for Lands of Somekh based on the project's conformance with the guidelines for Ordinance #300. Mr. Norm Burdick, applicant's architect, in response to questions from the Council, noted that no reflective materials would be used on the roof. Only a couple of skylights were planned for the project. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to grant a special land use permit for Lands of Somekh based on the project's conformance with the guidelines for Ordinance #300. 2. LANDS OF BINDER, 25320 LaLoma Drive,request for a special land use permit to allow construction of an addition having a height in excess of fifteen feet The Town Planner presented her report dated 5/29/86 which included the recommendation from the Site Development Committee that Council 4/ approve a special land use permit for the Lands of Binder based on the project's conformance with the guidelines for Ordinance #295. -2- -3- Walter Chapman, applicant's designer, and Dr. Binder, applicant, addressed the Council regarding the roofing materials to be used on the project. Dr. Binder stated that while they were not planning to use fireretardant materials, they would certainly look into the options available to them in that area. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed by the following roll call vote to grant a special land use permit for the Lands of Binder based on the project's conformance with the guidelines for Ordinance #295 and to recommend to the applicant that he meet and discuss with staff the option of fire retardant roofing materials for his project. AYES: Mayor Fuhrman and Councilmembers Tryon and van Tamelen NOES: Councilmember Dronkert ABSENT: Mayor Pro Tem Rydell Dronkert stated that she voted negatively on this project as she strongly felt that residents were responsible for themselves and their neighbors in the area of using fire retardant measures 3. LANDS OF WONG, IOT #40, Dawson Drive, 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 5/29/86 which noted that the Site Development Committee did not make a recommendation on this proposed project as the design exceeded the guidelines concerning maximum floor area and maximum development area. However, the committee did note that the project was well-designed and suggested that perhaps the minimum floor area allowance in the guidelines might be too restrictive. Mr. Ray Cobb, applicant's architect, commented that they wanted to design a home that would be a credit to the community. The steep slope of the lot and the numerous trees resulted in the siting of the house in a certain location. However, it was an appropriate mediterranean style and was one of the smaller homes in the neighborhood. Mr. Winston Wong, applicant, commented that design of the home had been done to meet the basic needs for his family and he did not feel it had been excessively done. Dr. Howard Martin, 11666 Dawson Drive, and Harry Emerzian, 11670 Dawson Drive, addressed the Council with their concerns about the drainage from the proposed project. They each related their past experiences in the neighborhood regarding drainage and wanted to be quite certain that the issue had been addressed in the project before Council. Dr. Martin offered to deed an easement through his property to the Town to alleviate the drainage problem and it was agreed that staff would meet with Dr. Martin and Mr. Wong at a later time to discuss this offer. -3- MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and f passed by the following roll call vote to grant a special land use permit for the Lands of Wong based on the project's conformance with Ordinance #295. AYES: Mayor Fuhrman and Councilmembers Dronkert and Tryon NOES: Councilmember van Tamelen ABSENT: Mayor Pro Tem Rydell Council commented that while this project may not meet the specific guidelines of the urgency ordinance, it was in conformance with the intent and purpose of adopting the urgency ordinance. van Tamelen, however, stated that she could not approve a special land use permit for this project as it was a substandard lot, created by a former 4i Council, and while it was a legal lot, the house was too large for the AW lot. 4. Resolution # declaring that the public interest and necessity require theacquisition of certain interests in properties located in the vicinity of Fremont Road (S -Curve Project - Lands of Miller - Fremont Road - eminent domain) The City Manager reported that additional information had been received concerning the proposed acquisition of land from the Millers, part of which was the appraiser's report. Mr. Anthony Lagorio, attorney for Mr. and Mrs. Miller, commented that they had not had an opportunity to review the new materials. PASSED BY CONSENSUS: To schedule an adjourned regular meeting for 2:00 p.m. on Monday, June 9, 1986 to conduct the public hearing on the proposed acquisition of property from the Lands of Miller for the S - Curve Project. 5. LANDS OF KERMAN, Lot #14, Matadero Creek, request for increase in maximum development area and building coverage and an encroachment into landscape easement. The Town Planner referred to her report dated 5/29/86 which noted that the applicants had originally been heard by Council in April of 1986. At that time Council recommended that the applicant meet with staff regarding their request for an increase in MDA and return to Council at a later time with a modified request. While this had occurred, staff was unable to recommend approval of the request of an increase in the MDA or of the request for an encroachment into the landscape easement. Neither of these requests appeared to be in conformance with the Town's policies. Mr. and Mrs. Kerman, applicants, addressed the Council and explained their their request for an increase in maximum development area and building coverage and for an encroachment permit into the landscaping easement. This request resulted from their desire to have a stable on L their property. Mrs. Kerman also noted that several of the local 1► stables would be closing in the near future and she suggested that the -4- C.11: Council reevaluate the Town's policies concerning stables on t �+ properties. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed by the following roll call vote to grant the Kermans request for an increase of 800 square feet of maximum development area and an increase of 200 square feet of allowable building coverage. AYES: Mayor Fuhrman and Councilmembers Dronkert and van Tamelen NOES: None ABSENT: Mayor Pro Tem Rydell ABSTAIN: Councilmember Tryon MOTION FAILED DUE TO LACK OF A SECOND: Moved by van Tamelen to deny the request for an encroachment into the landscaping easement by Mr. and Mrs. Kerman. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed by the following roll call vote to grant an encroachment of six feet into the landscape easement for the Lands of Kerman, with the condition the permit state that the encroachment is strictly for a stable as specifically stated in the applicant's request. AYES: Mayor Fuhrman and Councilmembers Dronkert and Tryon NOES: Councilmember van Tamelen ABSENT: Mayor Pro Tem Rydell F. OLD BUSINESS• 1. S -Curve Project (Fremont Road Improvements between Edith and Miranda) a) Resolution # awarding a contract for the Fremont Road Improvements (O'Grady Paving) Council had before them the City Engineer's report dated 5/29/86 which included the recommendation that the Council award the Fremont Road S - Curve Project Contract to O'Grady Paving for the bid amount of $247,571 (assuming the change order is approved). The contract will include path construction from Edith Avenue Bridge to Seven Acres Lane and a concrete retaining wall but will omit the construction of a 36" diameter concrete pipe to augment an existing pipe and construction of the bike paths from Seven Acres Lane to Miranda Road. Mrs. Kaufman, 14100 Donelson Place, presented background information on the drainage problems at the S -Curve and suggested this might be considered when negotiating with the adjacent property owners. It was noted that the addition of a drainage pipe could be included at a later date by a change order to the contract. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Fuhrman and passed by the following roll call vote to adopt Resolution #74-86 awarding a contract for the Fremont Road Improvements (O'Grady Paving) C.11: AYES: Mayor Fuhrman and Councilmembers Tryon and van Tamelen NOES: Councilmember Dronkert ABSENT: Mayor Pro Tem Rydell After this vote was taken, it was noted that the contract stated a term of ninety days, not sixty days. The City Manager stated that this was apparently a typographical error as both the contractor and the Town planned on the term of this project being sixty days. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to amend the contract with O'Grady to state sixty, not ninety days, as the term of contract. b) Motion approving change order to contract for S -Curve Project (O'Grady Paving) Council had before them the City Engineer's report dated 5/29/86 which noted that the change order allowing modification to the construction method for the retaining wall would decrease the amount of the original bid ($292,811) by $45,240. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously by all members present to approve contract change order #1 to allow modification to the construction method for the retaining wall for the S -Curve Project. C) Resolution # approving and authorizing execution of an agreement between the City of the Town of Los Altos Hills and H. Donald Winbigler and Mary Elizabeth Winbigler, co -trustees under the H. Donald Winbigler and Mary Elizabeth Winbigler Living Trust, and authorizing recordation thereof (Fremont Road - dedication of property to the Town) Council had before them the City Engineer's report dated 5/29/86 which recommended that the Council accept the offer of dedication from the Winbiglers and enter into an agreement with them as the property owners. In part, this right-of-way dedication would serve to facilitate the construction of the Fremont Road S -Curve Project. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #75-86 approving and authorizing execution of an agreement between the City of the Town of Los Altos Hills and H. Donald Winbigler and Mary Elizabeth Winbigler, co -trustees under the H. Donald Winbigler and Mary Elizabeth Winbigler Living Trust, and authorizing recordation thereof (Fremont Road dedication of property to the Town) d) Resolution # accepting grant deed and authorizing recordation thereof (Lands of Winbigler - Fremont Road - S -Curve Project) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #76-86 accepting grant deed and authorizing recordation thereof (Lands of Winbigler - Fremont Road, S -Curve Project e) Resolution # approving and authorizing execution of first add eedum to agreement betweeen Nowack and Associates, Inc., and the City of the Town of Los Altos Hills (construction staking services for Fremont Road S -Curve Project) Council and staff discussed the addendum to agreement with Nowack to provide for construction staking services for the Fremont Road S -Curve project ata total cost not to exceed $5,000. k MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Fuhrman and passed unanimously by all members present to adopt Resolution #77-86 approving and authorizing execution of first addendum to agreement between Nowack and Associates, Inc., and the City of the Town of Los Altos Hills f) Resolution # approving and authorizing execution of second addendum to agreement between William Cotton and Associates, Inc., and the City of the Town of Los Altos Hills (geotechnical consulting services for Fremont Road S -Curve Project) Council had before them a report from the City Engineer which noted that the present agreement with Cotton needs to be amended to provide for geotechnical and soils testing services related to the S -Curve Project. These services will not exceed a total amount of $3,000. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Fuhrman and passed unanimously by all members present to adopt Resolution #78- 86 approving and authorizing execution of second addendum to agreement between William Cotton and Associates, Inc., and the City of the Town of Los Altos Hills 2. LANDS OF KERMAN, Lot #14, Matadero Creek, request for increase in maximum development area and building coverage and an encroachment into landscape easement This item was discussed under Old Business. 3. Items Removed from the Consent Calendar: a) Approval of Minutes: May 21, 1986 MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to approve the May 21, 1986 Council minutes with the following amendments: page 5, item F.2, first sentence to read: ..plus staff estimates 208 contingency costs.'; page 7, item F.4.b), first paragraph, delete third sentence and add Co. the following: 'Yes, caretakers were an appropriate use and the -7- Planning Commission would so note this on the conditions and the I ` applicant, and any other applicant who had not received the correct information, would be so notified.'In addition to these corrections, Council noted that a newsletter sub -committee needed to be appointed and this could be done later in the meeting and Foothill College should receive a copy of the minutes pertaining to the Town's participation in the horse trail on the campus. As an additional comment it was noted that any outside agency should receive a copy of Council minutes if said minutes are relevant to their organization. b) Resolution setting the time and place of public hearing on an application for a special land use permit for the Lands of Sobel (26066 Duval - addition) This item was continued to the next meeting at the request of the applicant. C) Request from Los Altos Fire Department for Council authorization to remove fire hazards on certain properties within the Town. Dronkert removed this from the Consent Calendar as she wanted to be certain the Town -owned properties were also being weed -abated. In addition, she commented that this appeared to be a very easy way for residents to have their property weed abated and asked the Assistant City Attorney to prepare an opinion on charging residents a penalty 4 for having the Town arrange for the weed abatement of their property. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to authorize removal of fire hazards on certain properties in the Town (listed on reports from Los Altos Fire Department dated May 27 and June 3, 1986) G. NEW BUSINESS: 1. Resolution # adopting landscaping guidelines for Site Development and Subdivision use and the setting of land- scaping bonds Staff reported that the resolution before Council was incorrect and needed to be modified and brought back at a later meeting for consideration. It was agreed that the following comments by Tryon would be incorporated into the resolution and discussed in the staff report: to add the phrase 'or other measures' to section 3, page 2 after the word 'replanting' and to note that the Site Development Authority may refer any landscape plan to the full Planning Commission to require mitigating measures as well as a bond. 2. Resolution # approving and authorizing execution of the third addendum to agreement between Richard G. Landi, an individual doing business as Collection Systems Maintenance Services, and the City of the Town of Los Altos Hills (change in rates of compensation to be paid for sewer main- Mrs. Kaufman, 14100 Donelson Place, stated that if the entrance were changed to the one proposed by the City Engineer, the headlights from cars would shine directly into their home. Mrs. Kaufman further stated that she felt there should be a traffic study on this issue and there should be an opportunity for public input. Council commented on the entrance option before them. Dronkert noted the safety issue and also the historical significance of the pillars at the proposed entrance. van Tamelen felt the money could be better spent on a landscaping plan and Tryon suggested that the Safety and Environmental Design and Protection Committees should be contacted for comments. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to send a copy of the proposed entrance to Town Hall to the Chairmen of the Safety Committee, Environmental Design and Protection Committee and Planning Commission for their input, comments, options. 4. Zoning Ordinance Revisions Dronkert expressed serious concerns about the minimum numbers used in development projects and felt they were too low, as evidenced recently by the Council in projects which had come to them for special land use permits. As the Planning Commission was presently making revisions to the Zoning Ordinance, Dronkert suggested it was timely for them to review the minimums in light of their zoning ordinance revisions. It was agreed that Planning Commission would review these concerns. H. OTHER BUSINESS: `, 1. Reports from Standing Committees: tenance and emergency services) The City Engineer noted that the increases requested were 88 and represent the first increase request since the agreement was entered into with CSMS. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #79-86 approving and authorizing execution of the third addendum to agreement between Richard G. Landi, an individual doing business as Collection System Maintenance Services, and the City of the Town of Los Altos Hills 3. Relocation of Town Hall entrance to Fremont Road (preliminary report) The City Engineer referred to his report dated 5/29/86 which noted that, at the request of the Heritage Committee, he investigated the option of relocating the entrance to the Town Hall parking lot from its present location on Esperanza to Fremont Road Mrs. Kaufman, 14100 Donelson Place, stated that if the entrance were changed to the one proposed by the City Engineer, the headlights from cars would shine directly into their home. Mrs. Kaufman further stated that she felt there should be a traffic study on this issue and there should be an opportunity for public input. Council commented on the entrance option before them. Dronkert noted the safety issue and also the historical significance of the pillars at the proposed entrance. van Tamelen felt the money could be better spent on a landscaping plan and Tryon suggested that the Safety and Environmental Design and Protection Committees should be contacted for comments. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously by all members present to send a copy of the proposed entrance to Town Hall to the Chairmen of the Safety Committee, Environmental Design and Protection Committee and Planning Commission for their input, comments, options. 4. Zoning Ordinance Revisions Dronkert expressed serious concerns about the minimum numbers used in development projects and felt they were too low, as evidenced recently by the Council in projects which had come to them for special land use permits. As the Planning Commission was presently making revisions to the Zoning Ordinance, Dronkert suggested it was timely for them to review the minimums in light of their zoning ordinance revisions. It was agreed that Planning Commission would review these concerns. H. OTHER BUSINESS: `, 1. Reports from Standing Committees: -10- a) Community Relations `, Council had before them the minutes of the 6/2/86 meeting of the Community Relations Committee. The Committee noted the weekend of July 4 was too early to properly plan for a dedication of the Heritage House and they suggested July 26 instead. As there appeared to be some conflict with Council's travel plans, it was agreed that the City Clerk would send the committee a listing of the travel dates for the Council and a new date for the dedication would be selected. In addition, in response to the committee's request for $300 for dedication expenses, it was agreed that this money would be taken from the Heritage House Fund. 2. Reports from Ad Hoc Committees: 3. Council Business: a) Proclamation: June 1986 'Italian Heritage Month' MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to proclaim June 1986 as 'Italian Heritage Month' b) Dronkert: Intergovermental Council Meeting: 6/5/86 Dronkert reported that the Land Use Committee was making a recommendation to the Board regarding gift deed divisions of land and IGC was asked to review the ordinance on gift deeds, if and when it was recommended by the Board. A discussion had also taken place regarding the composition of the solid waste subcommittee and Council concurred with the broad representation on this subcommittee of representatives from the four areas affected. c) Dronkert: Encroachment Permit Fees Dronkert asked if fees could be imposed for encroachment permits and it was agreed that the Assistant City Attorney would report back on this request. d) Dronkert: Dial -Agenda Dronkert noted that the Community Relations Committee would no longer be doing Dial -Agenda and she asked if this could become a staff function. The City Manager stated he would look into it and report back. e) Dronkert: Claims against the Town Dronkert commented on the three claims the Council had considered on the Consent Calendar and she asked if there was an option of considering filing malicious prosecution claims. The Assistant City Attorney responded that if there were no basis for the claims, a 4 letter could be sent to the Bar and they would be obligated to investigate. 4 -10- kw f) Tryon: Commendations for Ed Barnes and Mike Myers Tryon asked that resolutions of commendation be prepared for Ed Barnes and Mike Myers in appreciation for all their work on the Community Relations Committee and Town Newsletter. g) Tryon: Los Altos Chamber Booklet For informational purposes, Tryon commented that she had a copy of the article on the Town in the new Chamber Booklet. h) Tryon: Transportation and Traffic Authority Tryon reported that she had attended all of the Transportation Commission meetings and Traffic Authority meetings. Reports would be forthcoming. i) Tryon: Fair Pay Legislation Tryon suggested Council review their monthly salary/stipend/expense? payment and clearly state what the payment was before legislation was put into effect possibly in the Fall of 1986. j) van Tamelen: Fire Safety Meeting PASSED BY CONSENSUS: To request Tryon to set up a meeting of neighboring jurisdictions to discuss the matter of mutual safety concerns. k) van Tamelen: Urban Service Area PASSED BY CONSENSUS: To direct the Mayor to send a letter to the County Planning Department stating that the Town was planning to review its urban service area. 1) van Tamelen: Planning Commission Interviews Council concurred with van Tamelen's suggestion that a questionnaire be prepared including suggested questions from the Chairman of the Planning Commission to be asked of those applying for appointment to the Commission. M) Town Newsletter Sub -Committee MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously by all members present to appoint Tryon and van Tamelen to the Newsletter Sub -Committee to carry out the charges as stated in the adopted Town Newsletter Policy. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously by all members present to go past the hour of adjournment of 11:30 p.m. -11- I. STAFF REPORTS: LW 1. City Manager: a) Consideration of support for Sheriff's Department 'driving under influence' enforcement grant J The City Manager referred to his report dated 5/30/86 which noted that the Sheriff's Department was applying on behalf of the contract cities to the Office of Traffic Safety for a two-year grant to fund a three- man Driver Under Influence (DUI) enforcement team. The Office of Traffic Safety will fund the enforcement team 1008 the first year and 508 the second year. Based upon the initial assumed Los Altos Hills' distribution, the Town's share of the second year's costs would be $7,770 if the Town found the program successful and agreed to continue into the second year. PASSED BY CONSENSUS: To concur with the City Manager's decision to support the grant application and to provide the Office of Traffic Safety with the requested letter. b) Update on ABAG Liability Insurance Pool The City Manager presented his updated report on the ABAG Liability Insurance Plan dated 6/2/86. Council concurred with the recommendation that an appropriate resolution to join ABAG's Liability Insurance Pool be prepared for the next Council meeting. 2. City Attorney: 3. City Clerk: Report on Council Correspondence dated 5/29/86 There being no further new or old business to discuss, the City Council adjourned at 12:10 a.m. to an Adjourned Regular Meeting at 2:00 p.m. on Monday, June 9, 1986. -12- Respectfully submitted, Patricia Dowd, City Clerk