HomeMy WebLinkAbout09/19/1984rawk-mawal'Y•11•
TOM OF LOS ALTOS HILLS
26379 Fremont Road
Ins Altos Hills, California
u ql YY>. • NiC I t C u19YY 4
Wednesday, Septemher 19, 1984
cc: Reel 159, Tr. I, Side II, 433 -end; Tr. II, Side I, 001-224
Mayor Allison called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers at Teem Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Allison and CouncihTenbe*s Dronkert, Fuhrnian, Rydell and van Tamelen
Absent: None
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, Staff Planner Nancy Lytle and City Clerk
Pat Dowd
Planning
Comm: Luis Yanez
Press: Florence Pallakoff, Los Altos Town Crier; Peter McCormick, San Jose
Mercury
Item Removed: 13.3a) (van Tanelen)
MOTION SEMIDED AND CARRIED: Moved by Dmnkert, seconded by Fu hrman and passed
unanimously to approve the balance of the Consent Calendar, specifically:
1. Approval of Minutes: August 30, 1984 and September 5, 1984
2. Approval of Warrants: $51,367.29
C. PRESENPATICNS FROM THE FLOOR:
Jo Chamberlain, President - Friends of Westwind, thanked the Council for including
the flyer announcing the 9/22/84 Barn Dance in the recent newsletter mailing and
expressed the hope that everyone would be able to attend on the 22nd.
1. Public Hearing:
a) Ordinance # further amending Chapter 5 entitled "Zoning of the
Los Altos Hills Municipal Code by amending Sections 9-5.219 and 9-5.703
concerning Secondary Railings (FIRST READING)
CM COUNCIL MIN[R'ES - September 19, 1984
D. SPECIAL ORDERS: Item 1. a) continued:
POTION SECOMIDED AND CARRIED: Moved by Rydell, seconded by Fuhr an and passed
unanimusly to waive further reading of the ordinance.
The Staff Planner referred to her staff report dated 9/13/84 and noted that
the amendments before Council related to the definition of 'gross area' and
the size of secondary dwellings depending on their attactmment to the primary
dwelling. In addition, Council discussed height limitations on secondary
dwellings, the definition of attached, the number of buildings allowed on
a site, and non -conforming structures and uses.
M =ON MADE AMID W=RAWN: Moved by Dronkert and withdrawn to include height
limitations for secondary dwellings in the ordinance before Council for intro-
duction.
MCJTION SECOMIDED AMID FAILED: Moved by Dronkert, seconded by Fuhrman and failed by
the following roll call vote to request the Planning Ccnmission to prepare a
reconvendation on the following issues as possible amendments to the secondary
dwelling ordinance: height limitation, definition of attached and number of
buildings placed on a site as related to secondary dwellings and as related to
all possible number of buildings on a site.
AYES: Mayor Allison and Councilwoman Dronkert
NOES: Councilnmbers FkAu: man, Rydell and van Tamelen
M WION SF02MED AMID CARRIED: Moved by Dronkert, seconded by Fuluman and passed
unanimously to request the Planning Caamission to provide a clear definition
of attached as applied to secondary dwellings.
Due to a possible conflict of interest, Councilwoman van Tamelen removed herself
from consideration of this item.
MOTION SEX]U= AND CARRIED: Moved by Rydell, seconded by van Tamelen and passed
by the following roll call vote to introduce Ordinance #291 further amending
Chapter 5 entitled "Zoning" of the Los Altos Hills Municipal Code by amending
Sections 9-5.219 and 9-5.703 concerning secondary dwellings.
AYES: Mayor Allison and Councilmembers FVhrman and Rydell
NOES: Councll+eTMber Dronkert
PRESMgT: Councilnenber van Tamelen
2. Resolution # approving and authorizing execution of second addendum to
agreement between the City of the Town of Los Altos Hills and Ins Altos
Garbage Company
The City Manager reported that the addendum before Council had been prepared at
their direction and stipulated the funds which would be received by the Than
as related to the Mountain View Landfill Agreement. Mayor Pro Tan Drcnkert
suggested that at the end of the first year administrative costs to the Toxon
might also be factored into the landfill agreement expenditures.
MJTION SECOMIDED AND CARRTPD: Moved by Rydell, seconded by FUhrmmn and passed unani-
mously to adopt Resolution #93-84 approving and authorizing execution of second
addendum to agreement between the City of the Ton of Los Altos Hills and Los
Altos Garbage Caupany.
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C1Ty COONCII. MiN01T'S - September 19, 1984
p D. SPECIAL ORDERS: (continued)
�r 3. Resolution # approving and authorizing execution of a termination agree-
ment between the City of the Then of Los Altos Hills and Martin J. Taaffe
Co., Inc. and repealing Resolution #1601.
The City Engineer reported staff's recpnnendation that the agreenent with
Taaffe to repair and reconstruct a portion of Taaffe Road near Vista Del Valle
Court be voided; Taaffe was in agreement with this reom erdation. The City
Engineer noted that this recamerdation was based on information obtained
frau the drainage mprovement plans as prepared by Nvaack and Associates for
Taaffe Road. Presently it was staff's intention to include the pavement work
on Taaffe Road as part of the 1984 Street Inprovepents contract with O'Grady
Paving.
MOTION SECONDED AND CARRIED: Fbvel by Fuhrppan, seconded by Dronkert and passed
unanimously to adopt Resolution #94-84 approving and authorizing execution of a
termination agreement between the City of the Town of Ios Altos Hills and
Martin J. Taaffe Co., Inc. and repealing Resolution #1601.
4. Resolution # amending the Conditions of Approval for the Tentative
Map of the Matadero Creek Subdivision Tract No. 7187
council questioned wtrether section (c) needed to be in the Resolution amending
the Conditions of Approval. The 'leakage' out of the Building Site Circle for
Lot #17 did not amend the conditions but Council suggested a statement be included
noting the reason for approving said 'leakage'.
MOTION MADE AND SECONDED: Mved by Dronkert and seconded by Rydell to adopt
Resolution #95-84 amending the Conditions of Approval for the Tentative Map of
the Matadero Creek Subdivision Tract No. 7187, as anended.
A discussion was conducted on the continuation of this item until later in the
meeting so that appropriate wording could be written for section (c) of the
resolution.
MOTION SDC<7NDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and
passed unanimously to table the motion adopting Resolution #95-84 as amended.
5. Request for Extension of Site Development Pemit for lot #20 - Matadero
Creek Subdivision
Council had before then a request frau the applicant's developer for a six-
mmnth extension of the Site Develops t Permit for lot 420. The request
included the statement that due to the time pressures involved in Mr.
Del Castello's proving into the house, all site development work under the
existing permit had not been conpleted.
Staff's reaonuendation concerning the request was that an extension not be
granted as the developer had not provided satisfactory evidence required by
Section 9-3.310 of the Code that unusual difficulties prevented the work
from being ampleted within the specified time limit.
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CITY COUNCIL MIN[7PFS - September 19, 1984
D. SPECIAL ORDERS: Item 5 (continued):
Alan Lembert, developer, noted that the Matadero Creek Subdivision had the
preL,m,nary site development process which had caused different problems for
the owners. In addition different interpretations of maxin mn development
area had caused problems with development on the lots. Mr. Lannbert stated
that he had been told not to develop landscape plans until the house was
built to see where landscape screening was necessary, etc. Not only did Mr.
Lambert think the Town should extend the Site Development Permit, he also
felt the Town should review the new landscape plans as prepared by the land-
scape architect because he felt they were better plans than those previously
reviewed by staff.
Charles Chase, applicant's attorney, expressed the opinion that there were
unusual difficulties an camp etrng the work within the timeframe. In addition
to the tunever of staff at Than Hall which caused confusion, he also noted
that large hares take a long time to build. Mr. Chase explained to Council
his understanding of the real estate agreement entered into by Mr. Del Castello
with the Town and expressed the opinion that Council should honer its part of
the bargain.
The City Attorney explained the real estate process at the time of the lot
sales at Matadero Creek. He noted that the opportunity was extended to potential
buyers at Matadero Creek to get a preliminary idea of what could be done on a
lot. Potential buyers could net get a Site Development Permit prior to purchase.
In addition, the City Attorney noted that changes made at the time were net done
for sale purposes; they were studied and individually evaluated by the Council.
M TION SECONDED AND CARRIED: Nbved by Dronkert, seconded by Fuhr an and passed
unanimously to approve a six-month extension for the Site Development Permit for
Lot #20 - Matadero Creek Subdivision
MMON SIXbfIDID AND CARRIED: Moved by van Tamel.en, seconded by Fuhn[an and
passed unanimously to request the Planning Cammission to prepare a recamE da-
tjon on the SitQ Development Permit section of the Code relative to the length of
time for a permit.
Due to a prior commitment, Councilmenber Rydell left the meeting at 9:30 p.m.
E. UNFINISHED BUSINESS:
1. Budget Amendment: Mountain View landfill Agreement - FY 1984-85
MITTION SEIXkIDID AMID CARRIED: Mbved by van Tamelen, seconded by Fuhrman and passed
unanimously by all members present to approve the following budget amendment with
the following notation 'If reasonably feasible in the City Manager's opinion, the
title of the General Fund Revenue Account will be changed from Solid waste Sur-
charge to Solid Waste Disposal': (1) The creation of a General Fund Revenue
Account entitled 'Solid Waste Surcharge' listed under charges for current services
and listing estimated revenues of $114,058. (2) The creation of a General Fund
Department entitled 'Public Works - Solid Waste Disposal' containing the following
accounts and expenditures - Outside Contract - Mountain View Dump $48,700 and
Debt Service - Solid Waste $65,358.
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CTTy ODDNCIL mEglrES - September 19, 1984
E. UNFINISHED BUS=SS: (continued) :
INW 2. Item Reroved from the Consent Calendar:
a) Actions of the Planning Commission: approved the following - LANDS OF
GRIFFITHS, File CUP #4-84 (Conditional Use Permit)
The City Manager explained what actions the Council could take, according to the
Code, relative to Conditional Use Permits. Since the Planning C=ission was
the approving body, Council could concur with their actions, take no action or
appeal the Commission's decision.
van Tamelen expressed serious concerns at the policy of not having the minutes
from the Planning Commission meeting nor a nein staff report on the subject. She
requested and Council agreed to decide on this matter after hearing the report from
the Planning Commissioner.
F. SPECIAL REPORTS:
Reports from Standing Comittees: Finance COMUIttee
PDTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Fuhrman and passed
unanimously to endorse the report of the Finance Camittee on the Investment Policy
Statement for the Town (dated 9/4/84) and to thank the members of the Finance
Committee for their work on this report.
2. Reports from Ad Hoc Committees: none
3. Reports from the Planning Camnission:
a) Approval of Conditional Use Permit for IAEIDS OF GRIFFITHS, 14125 Berry
Hill Lane, File #4-84
Commissioner Yanez reported that the vote of approval from the Planning Commission
for this conditional use permit was 6 to 1 with his the dissenting vote. He
explained his concerns for condition #9 which called for an annual staff review
and a three-year review by the Planning Comdssion. in his opinion, he did not
feel this was a cost effective procedure and felt the Town had more practical
issues to deal with rather than the enforcement of the secondary dwelling ordinance.
In response to these onmients, Dronkert suggested staff review the wording of
condition #9 and Allison suggested that all conditional use permits be recorded.
PASSED BY CONSENSUS: To direct the City Manager to discuss with the Chairman
of the Planning Commission the following matter when reviewing code enforcement:
how does the Tuan ensure that reviews of conditional use permits take place and
how is the secondary dwelling ordinance enforced.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Fuhrman and passed
unanimously by all members present to concur with the Planning Cammisson's approval
of the Lands of Griffiths, File CUP #4-84 (conditional use permit) PESO. #94a-84
4. Comments from the Council:
a) pilu an: Report from the Transportation Cc mdssion
Fuhrman presented a brief overview of recent ridership and revenue figures and also
noted that the Transportation Commission supported the reoomendation to the Board
of Supervisors regarding improvements to 101, 237, 85 and 152.
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CTDy CouNcm m=ES - Septenber 19, 1984
F. SPECIAL REPORTS: Comments from the Council (continued):
b) van Tamelen: Request for update of Mayors' pictures for Chambers
PASSED BY CONSENSUS: The Mayors' pictures should be updated and kept in the
History Room.
C) Dronkert: Site Development Peumit Procedures
Dronkert ocn¢rented on the expiration ratification for site development permits.
Should there be a procedure whereby the applicant was notified prior to the
expiration? Allison questioned whether it was the staff's or the applicant's
responsibility to monitor site development permits?
d) Allison: Mayor's Conference
Allison reported that the issue of the '§ sales tax was discussed at the last
Mayors' Conference but no action was taken as the matter had been addressed
by various groups and Councils. Allison also noted that the new Chairman for
the Mayors' Conference was Maryce Freelen and the Vice Chaim was Roberta
Hughan.
e) Allison: ICC
Allison reported that a workshop on transportation had been held in connection
with the ICC meeting on Septeuber 13, 1984. Allison noted that a letter he
had written to Roy Lave, Metropolitan Transportation Cc mission Boardmenber,
expressing his opinions about transportation alternatives was on file at Tuan Hall.
f) Allison: Palo Alto Elks Dinner
Allison suggested and Council concurred that Andrew Cochran, Chairman of the
Safety Committee, be asked to represent Los Altos Hills at the event sponsored
by the Palo Alto Elks.
g) Allison: Council Stationery
Council took no action on the issue of changing the Twin's letterhead to include
a listing of Councihnembers.
•a•�•a a,�••� •� ua v � i • ■a is
1. City Manager:
a) Zoning Review — Maxim= Development Areas and Building Site Coverage
PASSED BY CONSENSUS: To request the Planning Cannission to review NDAs and
Building Site Coverages in general and also with specific attention to unique
large easements that would affect overall maxiam developcent areas.
b) 5 -year Capital Improvement Program
The City Manager reported that this program was being worked on and input was
`, being requested from the Roads and Drainage Committee.
M
CITY CODNCII. MINUTES - September 19, 1984
G. STAFF - REPORTS, CORRESPONDENCE AND ANNOUNCEMENTS:
c) 1984-85 Capital Inprevenent Budget
The City Manager reported that some re -prioritizing of projects needed to be
done; however, the cost involved would not go over the fund balance. At this
time, this item was informational and more information would be forthcoming
as the list of projects and costs were reevaluated.
d) Resolution # emending the Conditions of Approval for the Tentative
Map of the Matadero Creek Subdivision Tract No. 7187. (continued from
earlier placement on the agenda for clarification)
MOTION SMWED AND CARRIED: moved by Dronkert, seconded by Fuhxman and passed by
the following roll call vote to adopt Resolution #95-84 mending the Conditions
of Approval for the Tentative Map of the Matadero Creek Subdivision, Tract No.
7187 with the following corrections and amendments: 1) the elevation for Lot #17
should be 540 as approved by Council on 9/5/84; 2) Section (c) should read: 'Con-
cerning Lot 17, the request to locate a portion of the residence and swimming
pool outside of the Building Site Circle hereby is approved, and the City Council
expressly finds and determines that the principles set forth in the 'Conditions,
Covenants and Restrictions' for this subdivision will be better served by approval
of the request in acoordance with the amendments to Condition 7.0 of the Conditions
of Approval approved on June 2, 1982.'
AYES: Mayor Allison and Council.menbers Dronkert and Fuhrman
NOES: Councilmember van Tenelea
ABSENT: CouncirTMm-ber Rydell
van Tamelen noted that she voted against this resolution because she was not in
favor of the height increase for lot #17.
H. NEW 13USINESS:
1. Request from the Los Altos Fire Department for Council authorization to
remove fire hazards on the following property within the Town: APN 175-56-23
(26327 Esperanza)
MOTION SECONDED AND CARRIED; Moved by van Tamlen, seconded by Fuhrman and passed
unanimously by all members present to authorize the removal of fire hazards on
APN 175-56-23.
Stop Sign at Burke and Fremont
Camissioner Yanez reported that he had received an inquiry as to the possibility
of the installation of a stop sign at Burke and Franont. Because of the detour
due to the Edith Avenue Bridge Project, this intersection had an increased traffic
load and there was particular concern for the safety of the school children.
MOTION SEWNDED AND CARR=: Moved by Fuhrman, seconded by Dronkert and passed
unanimously by all menbers present to adopt Resolution #96-84 approving installa-
tion of a stop sign at the intersection of Burke and Fremont.
I. ADJOURRIOH:
There being no further new or old business to discuss, the City Council adjourned
at 11:20 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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