HomeMy WebLinkAbout10/19/1990 Minutes of a Regular Meeting
October 17, 1990
Town of Los Altos Hills
City Council Meeting
Wednesday,October 17, 1990, 7:15 P.M.
Council Chambers, 26379 Fremont Road
Mayor Siegel called the Regular Meeting of the City Council to order at 7:15 p.m. in
the Council Chambers at Town Hall.
1. CALL TO ORDER,ROLL CALL, AND PLEDGE OF ALLEGIANCE
Present: Mayor Siegel and Councilmembers Casey, Hubbard, Johnson and
Tryon
Absent: None
Staff: City Manager Thomas Frutchey, Director of Public Work Bill Ekern,
City Attorney Sandy Sloan and City Clerk Pat Dowd
Press: Charles Halleck and Christal Borlik, Los Altos Town Crier
2. APPOINTMENTS AND PRESENTATIONS
Potential Appointments to Community Relations Committee and Information
Regarding Library Commission
Council had received an application for the Community Relations Committee
from Shelley Lowe, 24920 La Loma Court.
Ms. Shelley Lowe introduced herself to the Council and explained her interest
in the Community Relations Committee. She noted that she had received a
copy of the charges of the committee and had already attended one of their
meetings. She lives in Town and owns a business in Los Altos. She was active
in the Los Altos Chamber of Commerce and believed it was also important to
contribute to the community in which one lived.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson
and passed unanimously to appoint Shelley Lowe to the Community Relations
Committee for a term of two years.
1 October 17, 1990
ti.
It was agreed to continue the Library Commission issue pending receipt of
additional information on the appointments and terms of office.
3. PLANNING COMMISSION REPORT
Commissioner Carico reported that at the 10/10/90 Commissioner Meeting a
discussion took place on handouts at Town Hall and the Housing Plan. She also
commented on the conduct of Commissioners and referred to Roberts Rules of
Order. Siegel noted this could be discussed at the joint meeting of the Council and
Commission. Tryon commented that Commissioners arguing with the public did
not reflect well on the Council and the Town.
4. CONSENT CALENDAR
Items Removed: Item 4.1 and 4.2 (Casey)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Hubbard
and passed unanimously to approve the balance of the Consent Calendar,
specifically:
4.3 Proclamation Celebrating the Dedication on November 4, 1990 of the
Renovated St. Joseph Church in San Jose
4.4 Expression of Support for Red Ribbon Week, October 20-28, 1990, a Public
Awareness Campaign Sponsored in Part by the Californians for Drug Free
Youth
4.5 Approval of Final Parcel Map, Lands of Varsanyi, Miraloma Drive --
Reso #57-90
Items Removed:
4.1 Approval of Warrants: October 1, 1990
Casey commented on the charge for data processing through the Town of
Atherton and noted that Commissioner Rick Ellinger had noted that he
might know of a less expensive way to do this. It was agreed staff would
check with Mr. Ellinger.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson
and passed unanimously to approve the October 1, 1990 warrant list.
Sir
2 October 17, 1990
`.
4.2 Financial Status and Treasurers Report: August, 1990
Casey thanked the City Manager for the excellent report he had prepared on the
financial status of the Town. She asked for clarification of certain items
including franchise fees, intergovernmental revenue and the drainage
fund.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson
and passed unanimously to approve the August, 1990 financial status and
Treasurer's Report.
5. PRESENTATIONS FROM THE FLOOR
Mrs. Jean Struthers, 13690 Robleda Road, reported that a bridge was damaged
on Robleda and it was a serious safety hazard. Tryon noted driveways over
pathways was another safety issue and had been sent to the Pathways and Safety
Committees. Siegel commented that there had been another accident
involving a horse on a driveway over a path and he asked for a report on this
thr issue from the City Manager.
Mrs. Stephanie Munoz, 13460 Robleda, presented two proposals for the
building out problem: first, any remodel of more than half of the existing
house should not be considered a remodel but rather a new home and the
neighbors should be notified; and second, all variances grandfathered should be
considered when a house is sold rather than leaving these issues for new
owners. She also noted that she had sent the Council a letter on September
12th and had not received a reply. Council referred her to the City Manager for
a status report.
Tryon asked the status of the building out/rebuilding subcommittee.
6. PUBLIC HEARINGS
6.1 Appeal of the Planning Commission's Approval of a Request for a Site
Development Permit for a New Primary Dwelling and Second Unit, Lands
of Hau, 13901 West Edith
Councilmembers made the following disclosures: Johnson talked to Mr. Roscoe and
went to the site with Bill Ekern. Casey visited property, had two meetings with Mr.
Roscoe, two conservations with Commissioner Ellinger and a conversation with
Betsy Leight. Siegel visited the site twice (once with staff, once with Mr. Roscoe) and
3 October 17, 1990
had received many phone calls from those against the project. Hubbard visited the
site twice (once with staff, once with Mr. Roscoe), had conversations with the
neighbors, one conversation with Mr. Roscoe and attended the Planning
Commission meeting at which this project was dicussed. Tryon visited the site and
discussed the project with Commissioner Carico and Elaine Doming.
Commissioner Carico stated that she had appealed the Lands of Hau, in part, for the
following reasons: inadequate controls of concert hall, coverage in flood plain,
parking, noise, traffic and secondary dwelling (2,138 square feet in size). She did not
believe that the concerns raised over the Hau project had been addressed.
The following spoke against the Hau project as proposed: Betsy Leight, 14200 Sholes
Court; Stephanie Munoz, 13460 Robleda; Vince Vargas, Los Altos; Thomas Mandall,
25435 Fremont Road; Jean Struthers, 13690 Robleda; Alex Burger, 26345 Alexander
Place; David Smith, Los Altos; Mr. and Mrs. Kirk, 13780 Robleda; Mary Stutz, 25310
Elena; William Downey, 14330 DeBell; Stephen Jamison, Los Altos; Elaine Doming,
Los Altos; and Ron Remo, Los Altos. In part the following concerns were raised
regarding the project: size of house does not conform to neighborhood; precedent
setting; potential safety hazard, not a single-family home - two entrances, not in
conformance with the Town's General Plan, in flood plain, traffic, future uses of
concert hall not addressed, size of secondary dwelling, drainage from parking lot,
parking provided for in plans not adequate, negative impact on Adobe Creek,
Environmental Impact Report should be required, setback off Fremont not adequate
thr and fire safety - proposed two hydrants not enough. In addition, Johnson read a
letter from Mr. and Mrs. Stefanki, 26901 Beatrice Lane, which addressed their
concerns about the Hau project, specifically traffic congestion and the fact that the
concert hall was not in conformance with a residential community.
Mr. Barry Sorensen, 26895 Nina Place, supported the Hau project. He believed the
ordinances in place should be followed. In addition he suggested increasing the
pathway on Fremont for a safer traffic pattern. Mr. Sorensen also noted that in his
opinion one well designed house was better than a five-lot subdivision.
Dr. Hau, applicant, stated that he believed the appeal was an illegal one in that the
two Commissioners who filed the appeal did not pay the required fees.
Siegel noted that the process was that the Town was in the midst of an
ordinance change to formalize a policy that the Council had had on who
could appeal without fees. He stated that any member of the City Council
could appeal without a fee and the ordinance stated that any two members
of the Planning Commission also could appeal without paying a fee.
However, the technicality was that the ordinance was not actually in
effect. To back up that contingency Siegel reported that he personally
appealed this application in writing in due time for this hearing because
%sr he wanted to be sure that the Town was covered by that technicality.
4 October 17, 1990
Siegel told the City Manager that his written notice of appeal was not to be
used unless no appeal had been filed. Siegel stated that he would like Dr.
Hau to go on with the process and noted that Dr. Hau had made his point
that he thought this was an illegal appeal."
Dr. Hau, applicant, further stated that his proposed project was within the code
requirements and does not affect Adobe Creek. He actually could subdivide the land
into five lots. Dr. Hau noted that there were no ordinances in place which
prevented his having a concert hall and he did not appreciate being singled out. He
read a letter from his next door neighbors in Los Altos, the Douglas', stating what a
good neighbor he was. Dr. Hau explained that he wanted the secondary house to
live in while the main house was being built. It was large in size to allow for the
two pianos his children practiced on. At this time it was a financial hardship for
him to pay two mortgages. The reason for the separate entrance was to allow for
guests to go directly to the concert hall without having to go through the main
house; therefore, keeping the main house cleaner.
Mr. Wendell Roscoe, applicant's designer, stated that the pathways and Adobe Creek
issues had been addressed and certain misconceptions had been clarified by Dr. Hau.
Besides the entrance trees, only one other fruit tree would be removed; the entrance
had been modified and the setback now planned was over 30 feet. It was further
noted that they would abandon the kitchen facilities in the secondary dwelling once
bow the main house was ready.
Councilmembers discussed the proposed project. Siegel commented that business
uses of the concert hall would be illegal but charity events would be allowed. The
large home before them was within the code requirements or there could be
probably a subdivision of three homes. Tryon noted that the plans had been
modified to remove the fixed seating but had not been modified to address staff's
concerns. Casey noted that the front acre and a half were not changed. It was a far
better solution than a subdivision. Dr. Hau was proposing to develop 19% of the
property rather than the allowed 34%. Johnson noted that the rural atmosphere
would be maintained as the large number of tall trees would remain and the house
was only 7% of the lot. He did suggest Dr. Hau refrain from living in the second
unit until the house was done and also suggested the requirement of a conditional
use permit for the concert hall as the best way to address everyone's concerns.
The City Attorney stated that certain conditions could be recorded as well as a
conditional use permit or a special land use permit.
PASSED BY CONSENSUS: To concur with conditions one through eight and ten
through twelve as recommended by the Planning Commission.
5 October 17, 1990
PASSED BY CONSENSUS: To amend the first sentence of condition #9 to read: 'No
trees on the property except for the trees at the entrance on Edith shall be removed
without specific approval of Town staff."
PASSED BY CONSENSUS: To amend condition #13 to read: 'Paint color shall be
selected by the applicant and consistent with the Town color board.
PASSED BY CONSENSUS: To amend condition #14 to read: A residential fire
protection sprinkler system shall be installed, subject to the review and approval of
the Los Altos Fire Protection District"
PASSED BY CONSENSUS: To amend condition #15 to read as follows:
"The following limitation shall be recorded against the property prior to the
issuance of the building permit: "The residence including the ballroom
constructed on this property shall be used strictly for private residential
purposes. Commercial uses are prohibited. No conditional use permit for
the activities specified in Los Altos Hills Ordinance Code Section 10-1.703 has
been granted."
PASSED BY CONSENSUS: To amend condition #16 to read as follows: "A 2B
path improved to five-foot width shall be constructed along Edith and
Fremont. The path shall be located so that the row of pines separates the path
on Edith and the trees on Fremont separate the path from the roadway. The
owner shall dedicate the necessary right-of-way for this path. A structure
across the flume shall be constructed. No trees should be removed for the
path. The exact location within the path easement shall be located to the
satisfaction of the staff and the Pathway Committee. These paths will be
constructed prior to the demolition of existing structures so that a safe path is
available during the construction period."
PASSED BY CONSENSUS: To delete conditions #17 and #19 as
recommended by the Planning Commission.
PASSED BY CONSENSUS: To amend condition #18 to read as follows: "No
parking of cars related to this project shall be permitted on Edith Avenue or
Fremont Road. The applicant shall pay for any signs, legends, or other
devices decided upon by the Town to ensure no parking."
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey
and passed by the following roll call vote to amend condition #20 to read as
follows: "The 2,138 square foot area attached to the garage shall be reduced in
size to not exceed 1,000 square feet and is approved as a secondary dwelling, or
the 2,138 square feet shall be redesigned to eliminate the kitchen facilities."
AYES: Mayor Siegel and Councilmembers Casey and Johnson
NOES: Mayor Pro Tern Hubbard and Councilmember Tryon
6 October 17,1990
`, PASSED BY CONSENSUS: To amend condition #21 to read as follows: 'Prior
to the issuance of a building permit, a record of survey of the property shall be
recorded showing all easements including those required pursuant to this site
development permit. The residence shall be set 70 feet from center line of
Fremont."
PASSED BY CONSENSUS: To amend condition #23 to read as follows: "The
owner shall dedicate a no access restriction to the property along Fremont and
Edith except for the new entrance on Edith shown on the plans. The existing
two entrances shall be removed. The new entrance on Edith shall be opened
and the existing entrances closed prior to grading or demolition commencing.
The present entrances are unsafe. Construction equipment should have a
new entrance available before work starts on this property.
Tryon stated that she believed the concert hall and the secondary dwelling
should be redesigned as the staff and community concerns had not been met.
A variance for a 1,500 square foot secondary dwelling could be considered.
Dr. Hau, applicant, commented that he would get rid of the concert hall altogether
and asked what kind of a redesign the Council wanted.
Council comments included the hall was too big by about half; there should not be a
separate entrance; the hall should allow room for around fifty people; and a
variance for the size of the secondary dwelling might be considered.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by
Johnson and passed by the following roll call vote to continue the public
hearing for Lands of Hau to the November 7, 1990 Council Meeting.
AYES: Mayor Siegel and Councilmembers Hubbard, Johnson and Tryon
NOES: Councilmember Casey
6.2 Appeal of the Planning Commission's Approval of a Request for a
Variance to the Maximum Floor Area and Maximum Development Area
Limitations and a Site Development Permit for an Addition to a
Residence, Lands of Raffin, 13468 Three Forks Lane
Hubbard stated that he appealed this decision as the house was already over the
maximums allowed and he could not make the findings for a variance.
Councilmembers made the following disclosures: Siegel had met the applicant and
seen the property; Casey had no disclosures; Johnson talked to applicant; Tryon
talked to applicant and Ken Pastrof and also noted that their architect was her
architect (not a conflict) and Hubbard talked with applicant and had driven by
`. property.
7 October 17, 1990
Ken Pastrof, applicant's designer, explained the history of the lot, the topography,
the lot size, slope density, contours and restrictions on the lot including having a
creek run through it. He further noted that all of the neighbors were in agreement
with this variance and there was good landscaping and screening. There was
architectural integrity in planning the addition of two bedrooms and a bath. Mr.
Pastrof commented that the slope density requirements were put in place primarily
because of hillside projects.
Dr. Raffin, applicant, commented that it was a non-conforming lot, that all of the
neighbors had agreed with the plans, that he believed the findings for a variance
had been met and that his was one of only ten lots in Town that had a creek
running through it.
The Director of Public Works stated for the record that slope density was addressed
because of the amount of grading.
Council discussed the proposed project and determined that the following findings
for a variance could be met: 1) This lot is constrained by Matadero Creek which
crosses the eastern third of the property and is triangular in shape. These unusual
conditions warrant consideration for a variance. 2) The intent of the ordiance is
met by granting the variance in that the lot will not appear over developed and
there will be no impact on adjacant properties. The footprint of the existing house
does not change. 3) No public health, safety or welfare impact will result from the
approval of this project. and 4) The structure will continue to be used as a
residence, therefore no use is authorized by the variance that is not permitted by the
code.
PASSED BY CONSENSUS: To go past the 11:30 p.m. hour or adjournment.
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and
passed by the following roll call vote to uphold the decision of the Planning
Commission to approve a request for a variance to the maximum floor area and
maximum development area limitations for an addition to the residence at 13468 •
Three Forks Lane.
AYES: Mayor Siegel and Councilmembers Casey, Johnson and Tryon
NOES: Mayor Pro Tem Hubbard
Hubbard stated that even if the creek were not counted, the project would still be
over the floor area limitations. He could not make the findings for the variance.
6.3 Request for approval of a Tentative Map, Conditional Exception, and
Adoption of a Negative environmental Declaration for a Two-lot
Subdivision of Four Acres, Lands of Fowler, 25810 Vinedo Lane
8 October 17,1990
� Councilmembers disclosed that they had visited the site. Siegel reminded
V Council that besides economic interest, they only had to disclose
information received from any parties that would be relevant to a
decision on the application and which was not already part of the public
record.
Randy Gualtieri, 25830 Vinedo Lane, stated that he was not in favor of taking
out the landscaping to widen the path
Mr. Fowler, applicant, commented on the proposed condition #2 which
addressed the improvements to Vinedo Lane and the pathway. He noted
that a chip seal curb could be put in to separate the path from the road.
Mr. Fowler also asked for clarification of Condition #12 and the
undergrounding of all utilities. It had been his understanding from the
Planning Commission meeting that only the utilities within the
subdivision would be undergrounded.
Mr. Bill Kull, Giuliani & Kull, concurred that they understood they would be
responsible for undergrounding in the subdivision.
Mr. Virgil Gualtieri, 13613 Vinedo Lane, stated that he would like to see the
roadway remain the way it was.
Mr. Eugene Mandel, 25802 Vinedo Lane, stated his concerns about the amount
of construction traffic and believed it was a safety issue.
Tryon stated that she was concerned about the creation of two lots, with the
MFAs of 13,000 square feet and 5,000 square feet approximately, where one
smaller house now fits in the neighborhood. Tryon also suggested
reviewing staff's alternate "a" noting staffs recommendations to deny. It
was noted that condition #20 would address this concern and it would
record the restrictions on the lot.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel
and passed unanimously to adopt the negative declaration for Lands of
Fowler, 25810 Vinedo Lane.
MOTION SECONDED AND FAILED: Moved by Casey, seconded by Johnson
and failed by the following roll call vote to delete condition #2 as
recommended by the Planning Commission.
AYES: Councilmembers Casey and Johnson
NOES: Mayor Siegel and Councilmembers Hubbard and Tryon
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson
.,e and passed unanimously to amend condition #2 to read: "The roadway
9 October 17, 1990
surface accessing from Vinedo Lane shall be improved to a width of 16
filbr feet, the final surface treatment shall be double chip seal. This 16 foot
roadway shall be constructed to the west side of the easement/right-of-
way. A type 2B pathway shall be constructed in as safe a location as
possible, subject to the approval of the City Engineer. The location shall
save, to the maximum extent feasible, the existing landscaping. The
pathway shall be roughened as it crosses any and all driveways."
PASSED BY CONSENSUS: To amend condition#12 to read: "All utilities,
including cable television, within the subdivision are to be
undergrounded, per Municipal Code Section 9-1.1105. Plans for the
location of all such utilities are to be included in the improvement plans
PASSED BY CONSENSUS: To amend condition #20 to read: "The applicant
shall record a deed restriction to run with the land, which may not be
removed without the approval of the Los Altos Hills City Council,
outlining the following: Development on Lot #2 is constrained because of
steep slopes which limit the buildable portion of the lot. The maximum
floor area and development area allowed by the Town codes may not be
possible on this property. Because of Conservation Easement restrictions
(no building of any type is permitted in Conservation Easements), steep
slopes, and tree preservation requirements, outdoor living area may be
significantly limited. Foundations and roof lines of structure will be
required to step with the topography."
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson
and passed by the following roll vote to approve the tentative map for a
two-lot subdivision, Lands of Fowler, 25810 Vinedo Lane, subject to the
conditions recommended by the Planning Commission and amended by
the City Council.
AYES: Mayor Siegel and Councilmembers Casey, Hubbard and Johnson
NOES: Councilmember Tryon
6.4 Request for a Driveway Extension, Lands of Ginella, 12291 Concepcion
Drive
Mrs. Ginella, 12291 Concepcion, explained their concerns and reasons for wanting a
driveway extension.
Johnson stated that he believed it was a safety issue and also a good case for a
circular driveway.
MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Casey and
` passed unanimously to approve the request for a driveway extension of 530 square
feet that would result in a circular driveway at 12291 Concepcion.
1 0 October 17, 1990
6.5 Ordinance Requiring a Conditional Development Permit for Lots
Constrained by Human Habitation Setback Requirements (First Reading)
PASSED BY CONSENSUS: To continue this public hearing to the November 7, 1990
City Council Meeting.
7. UNFINISHED BUSINESS
7.1 Lands of Quarry Hills
Council had before them the Director of Public Works' staff report dated
10/17/90 which noted that staff and the applicant had met to discuss terms
of an agreement on the amicable withdrawal of the Quarry Hills
subdivision request and the submittal of a revised subdivision once the
geologic information was available. Council also had before them
language for the proposed agreement as provided by staff and by the
applicant.
Mr. Paul Hogan, representing Mr. Vidovich, commented on the lateness of the
hour and the fact that Mr. Vidovich had not had an opportunity to read
the amended agreement. He asked if Council would consider continuing
this matter.
Council noted that the last day of the extension was October 18th and they
believed the agreement should be settled at this meeting. Council also
discussed the fee structure and whether or not the applicant should be
subject to the new or old fee structure.
MOTION SECONDED AND FAILED: Moved by Casey, seconded by Siegel and
failed by the following roll call vote to approve the agreement as
submitted by the applicant, John Vidovich.
AYES: Councilmembers Casey and Johnson
NOES: Mayor Siegel and Councilmembers Hubbard and Tryon
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson
and passed by the following roll vall vote to approve the agreement with
John Vidovich, as follows: (It was also stated that if Mr. Vidovich did not
agree to sign the agreement it would be understood that a resolution
would have been adopted denying without prejudice the proposed
tentative subdivison map of the Lands of Quarry Hills.)
AYES: Mayor Siegel and Councilmembers Casey, Johnson and Tryon
NOES: Mayor Pro Tern Hubbard
1 1 October 17,1990
This is an agreement between the Town of Los Altos Hills, a municipal
corporation ("Town") and Neary-Vidovich, a California limited partnership
("Applicant"). It relates to the application for a subdivision map TM #1-87
and properties totalling approximately 360 acres located in the
unincorporated area of the County of Santa Clara at and adjacent to what is
commonly known as the Neary Quarry.
WHEREAS:
I. In January, 1987, applicant filed an application with the Town for pre-
zoning, annexation, a general plan amendment, and a tentative subdivision
map for the creation of 43 residential lots. On April 26, 1988, the Town
Planner determined the application for the subdivision map to be complete.
At its meeting on December 20, 1988, the City Council certified the Final
Environmental Impact Report.
2. Beginning in March, 1989, the applicant requested and the Town
approved a series of extensions to the time limits provided in the Permit
Streamlining Act for the Town to approve or disapprove the application for
the subdivision map.
3. In June, 1989, an initiative ("Measure B") was passed that amended the
Town's ordinances and General Plan with regard to a significant portion of
tier the Neary Quarry property. As a result, applicant amended its application to
request 21 residential lots in areas immediately adjacent to the quarry and to
treat the area addressed by Measure B as a remainder parcel.
4. Throughout the Town's review of the proposed subdivision,
significant concerns have been expressed regarding potential geologic hazards
at the site; water quality, sources and flow patterns; and street design; among
others. The applicant is working to address these concerns.
5. In September, 1990, the Town determined that it was not in anyone's
best interest to grant additional requested extensions to the review period.
The Town determined that it would be advantageous to all parties to ensure a
new application was developed which would resolve the most significant
remaining concerns.
THEREFORE, Town and applicant agree as follows:
1. Applicant hereby withdraws its application TM #1-87 for a tentative
subdivision map. Applicant anticipates later filing a new application for a
subdivision map pertaining to approximately 360 acres of its property.
2. Town understands that a determination on the pre-zoning and needed
'\r General Plan amendments would assist the applicant in designing its
1 2 October 17, 1990
subdivision proposal. Town is not able to complete these efforts, however,
until needed geologic information now being developed by applicant is
available. Town will proceed now, to the extent feasible, with the pre-zoning
and General Plan amendments, completing them as soon as possible after the
completion of the geologic studies. Applicant will then be able to proceed
with the design of the subdivision and submit the new application.
3. Applicant shall pay the fees in effect May I, 1990. No new deposits will
be required upon the filing of the new subdivision application.
4. Town shall notify applicant of the identity of any new consultants that
the Town will retain for the review process. Town's consultants will provide
the Town and applicant with estimated budgets. The Town's consultants
shall not commence work prior to the applicant consenting to the estimated
budget. The consultants shall not exceed the estimated budget without prior
notice to applicant. Town shall use its best efforts to cause bills for
consultants and staff time to be submitted to applicant within 30 days of the
month in which the services were performed.
5. Following submission of the new subdivision application, staff and the
applicant shall agree upon a tentative schedule for review of the application,
as well as the tentative public hearing dates. Prior to the commencement of
` public hearings, staff shall prepare a staff report which includes draft
IW conditions of approval, when appropriate. Provided that applicant delivers to
staff all of the information requested by staff at least twenty (20) days prior to
the public hearing, the final staff report shall be completed and released at
least ten (10) days prior to the public hearing(s). Except to the extent required
to respond to inquiries by the Planning Commission as a legal body or the
City Council as a legal body, the staff report should not require amendment.
6. If requested by applicant, staff shall initiate a project management
process, to include regular meetings with applicant for the purpose of
discussing the review of the application by staff and the Town's consultants,
identifying remaining concerns, and addressing or resolving those concerns.
7. This agreement is between the Town and applicant. It is not
transferable.
8. If applicant has not submitted a new application within six (6) months
after the Town has approved needed changes to the General Plan, then any
obligations of the parties under this agreement shall terminate.
7.2 Ordinance Regulating Silver Discharge in the Sewer System (Second
Reading)
1 3 October 17,1990
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to waive further reading of ordinance.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to adopt Ordinance #340 amending Chapter 4, Article 4 of Title
6 relating to photographic materials processing.
8. NEW BUSINESS
8.1 Lands of McCulloch, Consideration of a Proposed Final Map
Mr. Michael Stephens, representing Dr. Saah, stated that his clients
property was totally surrounded by the McCulloch subdivision and there
were three areas of concern: 1) a certificate of compliance had been issued
by former City Manager Bob Crowe; 2) Phase I of theMcCulloch
subdivision required an agreement with Dr. Saah regarding access,
easment, etc.. After approval of Phase I, this agreement was ignored; and
3) The access easement of the subdivision is not consistent with the
proposed roadway; it interferes with Dr. Saah's easement.
The City Attorney stated that according to the certificate of compliance, a
parcel map shall be filed by Dr. Saah.
Mr. Robert Saxe, representing the applicant, Russ Carter, stated that all of
the issues had been addressed at the time of tentative map and the
easement was addressed in Condition #46. Mr. Davila and Dr. Saah would
not sign the agreements and the conditions of approval had been met.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by
Siegel and passed by the following roll call vote to adopt Resolution #58-90
approving final subdivision map for Tract No. 8331 (Lands of McCulloch)
AYES: Mayor Siegel and Councilmembers Casey, Hubbard and
Johnson
NOES: None
ABSTAIN: Councilmember Tryon
MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by
Casey and passed unanimously to approve the agreements between Macar
Land Company, Inc. and the Town regarding John and Linda Davila and
Dr. and Mrs. Ibrahim Saah.
8.2 Request for Encroachment Permit Fee Waiver, Lands of Mahoney, 12100
Foothill Lane
411,
1 4 October 17, 1990
j' Mr. Philip Mahoney, 12100 Foothill Lane, explained the lenghth of time his
�r project had taken and the costs involved. The fees would be almost as
much as the $3,000 cost of the fence.
Council discussed this issue of small projects and the fees involved and noted
that it was scheduled to be addressed at the November Council Meeting as
there were concerns about the cost imposed related to the size of the
project.
The City Attorney stated that she did not think fees should be waived as a
matter of policy.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson
and passed by the following roll call vote to waive the $10.00 per lineal
foot of fence fee.
AYES: Mayor Siegel and Councilmembers Casey, Johnson and Tryon
NOES: Mayor Pro Tem Hubbard
Councilmember Casey left the meeting at 1:40 a.m.
8.3 Contract with Financial Consultant
kir MOTION SECONDED AND CARRIED: Moved by Hubbard, seconded by Tryon
and passed unanimously by all members present to adopt Resolution #59-
90 approving and authorizing execution of agreement between the Town
and Janice Bohman for accounting and financial management services
9. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
10. STAFF REPORTS
10.1 City Manager
10.2 City Attorney
10.3 City Clerk
10.3a Report on Council Correspondence dated October 12, 1990
11. COUNCIL-INITIATED ITEMS
11.1 Congestion Management Planning Agency
1 5 October 17, 1990
Tryon noted that the Congestion Management Planning Agency presently held their
meetings on Council nights. They were looking into changing the dates of their
meetings so there would be no conflict.
11.2 Midpeninsula Regional Open Space District
Tryon reported that there was a vacancy on the Board of the MROSD . Although the
vacancy was not from the Town's district, she mentioned this in case anyone knew
of someone who might be interested. The filing deadline was the 19th.
11.3 Crime Rate
Tryon noted that the crime rate in Los Altos Hills was down 39% and the law
enforcement agencies were to be commended. She also noted that Captain Darrold
Thomas was being transferred from the Westside Station. It was noted that Captain
Thomas would be invited to attend the next regular Council meeting for receipt of a
proclamation.
11.4 Town's Mailing List
Tryon reported that the Town's mailing list needed to be corrected and updated.
` 11.5 PG&E
�r Tryon asked for clarification of the letter from PG&E regarding monies owed for
PG&E Rule 20A (undergrounding).
11.6 Letter received from Mr. and Mrs. Ford regarding property at Altamont
and Tripoli Court
Tryon inquired as to the status of this letter and was advised that the
Environmental Design and Protection Committee was working with the staff on the
issue.
11.7 Letter received from Dr. Stephens regarding neighbor's dogs
Tryon inquired as to which agency had handled neighbor negotiations regarding
animal complaints a few years ago and was advised that it was the County Human
Relations Agency. Tryon requested staff follow this same procedure, which is the
customary procedure of the Town, in this case, if necessary.
1 6 October 17, 1990
140 There being no further new or old business to discuss, the City Council
adjourned at 1:45 a.m. to an Adjourned Regular Meeting at 7:00 p.m. on
Thursday, November I, 1990.
Respectfully submitted,
Patricia Dowd,City Clerk
The minutes of the October 17, 1990 Regular City Council Meeting were
approved at the December 5, 1990 Council Meeting.
1 7 October 17, 1990