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HomeMy WebLinkAbout01/04/1989 (2) CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, January 4 , 1989 cc: Reel 198 , Tr. I , Side I , 001-end; Tr. I , Side II , 001-103 Mayor Johnson called the Regular Meeting of the City Council to order at 7: 15 p.m. in the Council Chambers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Johnson and Councilmembers Casey, Siegel , Tryon and van Tamelen Absent: None Staff : Acting City Manager Bill Ekern, City Attorney Frank Gillio, Planning Director Sally Lyn Zeff, Engineering Consultant Sam Nash, Assistant City Attorney Susan St. Clair Planning Comm: Commissioner Jones (12/14/88 Meeting) Commissioner Noel (12/28/88 Meeting) B. REPORT FROM THE PLANNING COMMISSION: Commissoner Noel reported that the following items were discussed at the 12/28/88 Commission Meeting: 1) Lands of Eshner, request for tentative map continued; 2) Lands of Clausen, File TM #9-88 - approved; 3) Lands of Frampton, File TM #10-88 - approved; and 4) Lands of Yelton, request for variance and site development permit for new residence - continued . Commissioner Jones reported that the following items had been discussed at the 12/14/88 Commission Meeting: In addition to the four items listed on the Consent Calendar before Council tonight, the following two issues were discussed: 1) Lands of Shadan, reconsideration of request for approval of variance, site development and conditional development permit for a new residence - denied; and 2) Lands of Vayntrub , approved consolidation of fees and deposit for variance and conditional development permit to $150 fee and $550 deposit. 414101 C. CONSENT CALENDAR: Items Removed: C. 1 (Tryon) , C.4b) and C.6 .a) (van Tamelen) , C. 4.c) and C.4.d) (applicant) and C .4 g) through C .4.k) (Acting City Manager) MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey and passed unanimously (with the following exceptions) to approve the balance of the Consent Calendar , specifically: 2. Approval of Warrants : $19 ,591 .52 ( 12/31/88) $81,788 .23 ( 1/4/89) 3 . Proclamation: January 22 through January 29 , 1989 -- 'Vietnamese Community Week' and request to organize an American- Vietnamese Flag-Raising Ceremony at Town Hall 4. Resolutions for Adoption: a) Resolution #1-89 approving and authorizing execution of second addendum to agreement between the Town of Los Altos Hills and Nancy Alexander e) Resolution #2-89 accepting hold harmless and indemnifica- tion covenant and ordering recordation thereof (Lands of Ugie - O' Keefe Lane) f) Resolution #3-89 accepting certain improvements in connection with Lands of Ugie (O' Keefe Lane) Councilmember Tryon abstained from voting on this item. 5 . Certificate of Appreciation: James Jenson (Environmental Design and Protection Committee) 6. Actions of the Planning Commission: approved the following: a) LANDS OF MADLEM, FILE VAR #25-88, 13430 Burke Road, request to allow a fence (already constructed) to exceed allowed height and setback Councilmember van Tamelen voted against this item. b) LANDS OF WONG, FILE VAR #24-88 , 11675 Dawson Drive, request for variance and site development permit for an addition and remodel of an existing house to exceed the allowed maximum development area c) LANDS OF SAKAMOTO, FILE CDP #8-88 , 27640 Sherlock Road, request for conditional development permit and site development permit for an addition to an existing house 2- 1/4/89 C. CONSENT CALENDAR: (continued) : d) LANDS OF PEDERSON, FILE VAR #23-88 , 26910 Dezahara Way, request for variance and site development permit for a garage addition to allow the proposed garage to intrude on the required setback 7 . Monthly Financial Report (November) : Informational Item Items Removed: 1 . Approval of Minutes : December 7 , 1988 MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and passed unanimously to approve the minutes of the December 7 , 1988 Council Meeting with the following correction: page 11, Item I .c) , first sentence should read: 'Tryon reported that the letters and attachments on the subject of trial court funding received from Supervisor Zoe Lofgren were self-explanatory. ' 2 . Resolution # approving and authorizing execution of agreement for disposal of municipal solid waste between the Town of Los Altos Hills and International Disposal Corporation of California Council asked for clarification of the following issues : allocation, redefinition of 'city' (inclusion of county areas?) , clean up days and curbside recycling. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to continue this item for additional information. 3 . Resolution # approving and authorizing execution of private road maintenance agreement between the Town of Los Altos Hills and Jack F. Elmberg and Carol A. Elmberg and ordering recordation thereof 4. Resolution # approving final parcel map and approving and authorizing execution of parcel agreement for Lands of Elmberg Mr . Elmberg, applicant, requested a continuance to the first meeting in February to allow them time to review the new plan for the cul-de- sac entry. However, he wanted to be sure that if this extension were granted, their map would not expire . The City Attorney responded that this would not be a problem as the process for the map was ongoing. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously to continue the resolutions concerning Lands of Elmberg so stated above to the first meeting in February. INV 3 1/4/89 C. CONSENT CALENDAR: (continued) : 5 . Resolutions 4.g) through 4 .k) as listed on the agenda. The Acting City Manager requested that the above items be continued pending receipt of additional information. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to continue Items 4 .g) through 4 .k) to the next meeting. D. PRESENTATIONS FROM THE FLOOR: Mr. Bob Stutz, Horsemens ' Association, asked for Council approval for the Horsemens ' Association to hold a meeting in the Council Chambers on Tuesday, January 10th. Tryon inquired whether giving such approval would be precedent setting and the City Attorney responded that it would not. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen and passed unanimously to allow the Horsemens ' Association to hold a meeting in the Council Chambers on January 10th. 111119 Mrs. Betsy Bertram, 11854 Page Mill Road, read the following letter: ' I am of the opinion that a public meeting is a discussion of issues . It is not a time to degrade, insult and demean organizatitons and/or persons of opposing viewpoints . At the December 20th special meeting regarding the Vidovich proposal , one person chose to leave the issue at hand and find fault with people who had an opinion different from his . It is my opinion that the Council should have put a halt to the remarks which were off the issue , but no Councilmember saw fit to do so. According to "Robert' s Rules of Order ' , I contend that I was out of line in interrupting the speaker, but, in view of the response from the public present (their resounding NO when the speaker asked if he may continue) I feel my interruption was justified. This is still my opinion; I feel the interruption should have come from the Mayor or a Councilmember. I also feel that the next time a speaker leaves the issues, as this one speaker did, that the Mayor or any Councilmember should politely but firmly put a halt to the speaker ' s comments . ' E. RECOMMENDATIONS OF SUBCOMMITTEE ON ROAD RIGHT-OF-WAY: Council had before them a report from the Acting City Manager dated 11/22/88 which included the recommendations of the subcommittee on road right-of-way. (A copy of this report is on file in the City Clerk ' s office . ) 4- 1/4/89 E. RECOMMENDATIONS OF SUBCOMMITTEE ON ROAD RIGHT-OF-WAY: (continued) : MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and passed unanimously to: 1) Continue this item to the 2/15/89 Council Meeting; 2) Refer report to Roads and Drainage Committtee and Planning Commission for their review and comment; 3) Request staff to draft an ordinance to implement paragraph 7 relative to front setback and refer to the Planning Commission for public hearing; 4) Request staff to prepare for 2/15/89 meeting a list or maps of arterial and collector streets and if time permits secure Roads and Drainage Committee and Planning Commission recommendations; and 5) Request staff to prepare for 2/115/89 meeting codification of definition section 6 and 6 .a) . van Tamelen also suggested that a map defining the Town and showing the arterial and collector streets be prepared and sent to the Planning Commission. F. PUBLIC HEARINGS: 1. LANDS OF VARSANYI , FILE TM #4-88 , 12631 Mira Loma Way, request for approval of tentative map with conditional exception and negative declaration for a two-lot subdivision - Resolution approving tentative map (continued from 10/19/88 Council Meeting) Council had before them the Planning Director ' s staff report dated 10/11/88 which included the Planning Commission' s remmrendation that `r the request for a tentative map for Lands of Varsanyi be denied. The Commission determined that, if the required 60 ' right of way for Mira Loma Way were to be dedicated, the proposed lots would not meet the standards of the Town for lot size and slope. The Acting City Manager noted that the applicant had since submitted a new plan showing 40 ' right of way which would make the lots subdividable. Mr. Melvin Hills , applicant' s representative , stated that they were trying to work with the Town on this application and also commented that the only reason the Planning Commission had denied the application was because of the right of way issue. Mr. Hill further noted that Mr . Varsanyi ' s house (approximately 7 , 000 square feet) had been approved by the Site Development Committee and approval of the other lot would not hold up construction of his house. Mr. Hill stated that a 4 ,000 square foot, single story design for the other lot would be acceptable. Mr. Clyde Noel , Planning Commissioner , noted that although the right of way issue was the main concern, the Commission also heard from neighbors who were against the project because of visual impact and drainage concerns . Dee Cunningham, 24601 Summerhill Court, asked for clarification of whether the map before Council was the same the Planning Commission had seen, of the right of way issue and of the setback issue. lir 5- 1/4/89 r F. PUBLIC HEARINGS: (continued) : Carol Gottlieb, 24290 Summerhill , stated that since the Town' s ordinances were in place, this subdivision should require a conditional exception and there should be a reduction in lot development and design of house. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously to continue the public hearing on Lands of Varsanyi , to send the present map to the Planning Commission for review of the drainage issue and to request the Commission to make a recommendation on the proposed road right of way policy. Mr . Melvin Hill , applicant ' s representative, stated that Mr. Varsanyi agreed with the continuance. 2. LANDS OF BENNETT, SELLS AND VALDEZ , FILE TM #2-88 , 12100 Hilltop Drive , request for approval of tentative map and negative declara- tion for three-lot subdivision - Resolution approving tentative map This item was continued to the next meeting at the request of the applicant. G. OLD BUSINESS: 1. Resolution # determining the value of written protests filed and not withdrawn in connection with the proposed annexation to the Town of Los Altos Hills of contiguous inhabited territory commonly known as San Antonio Hills (west) Magdalena 88-1 and ordering the pr owed-antexatieft-s-th eetita-ee>nfirpnatiam-hrthe-registeee t veters termination of the procc&ings for the proposed annexation (AMENDED BYS/8COUNCIL 1/1An Amended Certificate from the Registrar of Voters Office stated that as of November 2 , 1988 there were 632 registered voters in the area known as San Antonio Hills (west) Magdalena 88-1 and that of the 515 protests filed, 317 were found to be those of registered voters in the area. Therefore, written protests were filed by more than 50% of the voters residing within the San Antonio Hills (west) area. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to adopt Resolution #4-89 determining the value of written protests filed and not withdrawn in connection with the proposed annexation to the Town of Los Altos Hills of contiguous inhabited territory commonly known as San Antonio Hills (west) Magdalena 88-1 and ordering t-he-ptepaseEl--ernoe-xet-iert-strkrjeet- a con€4.x-rc(a€4. -H}f- ke—teEf3 meted Lets. texntination of the pru.eedings for the proposed annexation. (AMENDED BY COUNCIL 1/18/89) . 6_ 1/4/89 G. OLD BUSINESS : (continued) : 2 . Request for relief from Site Development Conditions - Lands of Han, 24184 Hillview Road MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and passed unanimously to grant the request from Mr. Han for relief from the Site Development condition requiring dedication of 5 ' road right- of-way on Hillview Road. 3. Approval of Community Survey Nancy Alexander, consultant, presented a brief summary to the Council of the steps taken in the preparation of the survey before them. She noted that the survey was planned for January 17-19 and 23-25 , 1989 . The method of a telephone survey was selected as a better way to reach everyone than door-to-door or mail . Ms. Alexander also referred to a draft letter to all residents Council had before them. This letter would advise everyone that a survey would be taking place this month and they may be selected to participate by a random selection of phone numbers . The City Attorney stated that there would be no problem with this mailing and Proposition 73 . PASSED BY CONSENSUS: To make the following changes to the community survey: Question #7 , add (10) more bicycle lanes , add (11) more lbw pedestrian paths, and change (11) to (12) ; page 8 , first paragraph, delete ' like many cities ' ; Question #26 , delete section on ' if yes. . . . . ' and add ' Do you think the paved portion of the roads is adequate, needs widening, needs improving? ' and in questions #27 and 28 delete reference to ' fear of assault' and add 'personal safety' . Rosemary Meyerott, 27100 Elena, stated that when the General Plan Steering Committee had reviewed the proposed survey, they had/A/oted to *not delete question #32 (Do you think the Town should allow a senior citizen condominium development with a conditional use permit such as is now used for country clubs , convents , and schools? Development approval using a conditional use permit would not jeopardize the one- acre minimum lot zoning in the Town. ) but members had been informally polled after the meeting regarding the deletion of #32. (AMENDED BY COUNCIL 1/18/89) Casey noted that the survey before Council was the result of review and comment by several individuals and it was not possible to include everyone ' s recommendations . She commented that no decisions were being made by asking this question and it would not hurt to ask the residents of the Town how they felt about the issue. Casey stated that she had spoken with/*Portola Valley' s City Attorney, Jim Morton and San Mateo Superior Court Judge Thomas Jenkins and they supported the statement in the question that 'Development approval using a conditional use permit would not jeopardize the one-acre minimum lot zoning in the Town. ' *Frank Gillio, WENDED ED BY COUNCIL 1/18/89) 7- 1/4/89 `. G. OLD BUSINESS : (continued) : and (AMENDED BY COUNCIL 1/18/89) Shari Emling, 11853 Murietta;/ Betsy Bertram, 11854 Page Mill Road and Mes4--44a4-rte-aa+,eeez-249'0 -Rct,}e-Adie-etCir spoke to the Council stating their opposition to including question #32 in the survey. They believed the question was not clear as stated in that such housing would require a change in the Town' s zoning. Mrs. Elaine Dau}- r, 27930 Roble Alto, believed the question should be included but the wording should be changed. Doni Hubbard, 25228 LaLoma, stated that she believed the question was appropriate but that the wording should be changed. She also suggested that the survey be mailed to all residents as it would give them the opportunity to carefully think about their answers before responding. Edwina Comiso, 27933 Briones Way and Tom Lynch, 25701 Lomita Linda stated that this issue should be addressed and supported including question #32 in the survey. They commented that when the issue had been brought to the voters it had been discussed in connection with the controversial Bellucci property and it should be asked now as a separate question. MOTION SECONDED AND FAILED: Moved by Casey, seconded by van Tamelen and failed by the following roll call vote to change the wording of question #32 to read as follows : 'Would you favor the amendment of the Town' s General Plan and Zoning Ordinance to allow senior citizen condominium housing? AYES: Mayor Pro Tem Casey and Councilmember van Tamelen NOES: Mayor Johnson and Councilmembers Siegel and Tryon MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed by the following roll call vote to delete question #32 from the survey. AYES: Mayor Johnson and Councilmembers Siegel , Tryon and van Tamelen NOES: Mayor Pro Tem Casey MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the Community Survey as prepared by Alexander and Associates and as amended by Council and to express appreciation to the General Plan Steering Committee for their contributions regarding this project. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to approve the draft letter as submitted by Ms . Alexander with certain minor corrections . 4 . Cable TV - Modification of Franchise Agreement PASSED BY CONSENSUS: To continue this item to the Adjourned Regular Meeting scheduled for Monday, January 9 , 1989 . 1/41111, 8- 1/4/89 G. OLD BUSINESS: (continued) : Slaw Ms. Lyn Simpson, Sun Country Cable, presented a brief status report to the Council . She noted that the system they were installing had been improved and the applications had been essentially completed. They were working very well with Pacific Bell and Pacific Gas and Electric and their marketing was proceeding. The first customers were likely to be served by June and in March a mail survey would go out asking residents for their input on programming The neighborhoods would be notified as construction was scheduled and she hoped to spend some time with homeowners groups . Ms . Simpson also noted that they planned to conduct a direct sales program in the Town. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to agendize status reports from Sun Country Cable for the April 5 and June 7 , 1989 Council Meetings . 5 . San Antonio Hills - Los Altos Hills Urban Service Area PASSED BY CONSENSUS : To defer consideration of this item to a later meeting. 6 . Quarry Hills Project - Request from John Vidovich for Council to consider the following issues : John Vidovich, applicant, stated that a previous Council had indicated that all of these issues could be handled simultaneously but at this time he would defer to how the present Council wished to proceed. a) Resolution of application to LAFCO for a change in 1) Urban Service Area Boundary and 2) Annexation to Town of Los Altos Hills The Acting City Manager reported that at this time if the applicant wished to file for annexation he should do so directly with LAFCO rather than the process whereby the Town would file for the annexation. The applicant had deposited $1, 000 with the Town in the event that the Town and not the applicant filed for the annexation and if the applicant now filed directly for the annexation he should receive a refund of this $1 ,000 deposit. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to concur with the staff' s recommendation that if Mr. Vidovich wishes to apply for annexation he should do so directly with LAFCO and to refund the deposit of $1,000 to Mr . Vidovich. Siegel commented that by taking this vote Council was in no way approving or not approving the annexation. This was simply a vote on the process itself . He himself would take a very serious look at the creation of ' islands ' if the land were annexed to the Town. 9- 1/4/89 G. OLD BUSINESS: (continued) : b) Vesting Tentative Map The City Attorney stated that a project approved with a vesting tentative map is subject to the ordinances in place at the time of approval and continues to be subject to those regulations even if the ordinances should change by the time the project is actually being done. State Law allows vesting tentative maps and the Town' s ordinance on vesting tentative maps clearly states that certain permits must be obtained prior to obtaining a vesting tentative map. Mr. Larry Close, Berliner Cohen and Biagini, stated that in their opinion the conditions that apply to a tentative map are the same as those that apply to a vesting tentative map. He further stated that the project before the Council should be heard on its merits and the vesting tentative map should not be delayed until all the site development permits were obtained. John Vidovich, applicant, commented that they had withdrawn their original request for a vesting tentative map because they did not believe it was a valid stipulation to require permits for all of the proposed lots . They did not agree with the City Attorney' s opinion. Luis Yanez , 26879 Moody Road, addressed the Council concerning the vesting tentative map issue. He noted that the Town had adopted an ordinance which would require the applicant to obtain certain permits . Mr. Vidovich had indeed applied for a vesting tentative map but had withdrawn the application when he realized what the requirements would be. Mr. Yanez further stated that in his opinion it would be an impeachable offense against the intent and spirit of the Town' s ordinance if a vesting tentative map or development agreement were granted. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and passed unanimously to continue the issue of vesting tentative map to the Adjourned Regular Meeting scheduled for Monday, January 9th. c) Consideration and action for procedures for application for development agreements (Development Agreement Ordinance) d) Consideration and action for an application for a development agreement for Quarry Hills (Development Agreement) The City Attorney explained that there was a very definite process for development agreements as outlined by State Law. The first step would be the establishment of procedures for such an application. -10- 1/4/89 G. OLD BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to continue the issue of development agreements to the January 9th Adjourned Regular Meeting at which time the City Attorney will have materials available on the subject for Council ' s reference. H. NEW BUSINESS: I . OTHER BUSINESS: 1. Reports from Standing Committees : a) Safety Committee 1) Recommendation regarding request for a 'Children at Play' sign on Newbridge Road 2) Recommendation regarding request for rein- stallation of stop sign on Fremont at Deerfield , Burke and Fremont intersection PASSED BY CONSENSUS : To continue consideration of these recommendations to the next meeting. 2 . Reports from Ad Hoc Committees: J. STAFF REPOPRTS : 1. City Manager: a) Request for additional funds for car purchase MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to authorize an increase from $8 ,000 for the replacement of the Town car to $11 ,500 and an increase from $9 ,000 to $11,500 for the replacement of the Building Official ' s truck. b) Request from Palo Alto for mutual plan/development review MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and and passed unanimously to continue the request from Palo Alto for mutual plan/development review to a later meeting. c) Report and request for concurrence on no-low agreement with Santa Clara County -11- 1/9/89 laF J. STAFF REPORTS (continued) : The Acting City Manager referred to his 12/30/88 staff report which included the recommendation that the City Council concur with the negotiated settlement reached between the City Managers of the four no-low property tax cities (Monte Sereno, Cupertino, Saratoga and the Town) and the County Executive of Santa Clara County and transmit notice of this concurrence to the Santa Clara Board of Supervisors . The issue under discussion is what amount, if any, of property tax monies would be transferred by the County to the cities in accordance with the legislation, such that the County might participate in the Trial Court Funding Program. The managers and the County Executive had agreed to support a plan in which 55% of the monies which could be transferred to the cities under the legislation would be transferred by the county. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to concur with the negotiated settlement as outlined by the Acting City Manager in his 12/30/88 report and transmit notice of this concurrence to the Board of Supervisors. This concurrence is conditional upon the acceptance by the other three no- low property tax cities of the settlement. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to add the following item to the agenda as an urgency item: David Bellucci , Moody Road -- house moving d) David Bellucci, Moody Road -- moving of house The Acting City Manager reported that Mr . Bellucci had sold a property which had as a condition of sale the moving of the house currently on the land. Mr . Bellucci had received a permit from the Town but this permit also involved his obtaining subsequent permits which he did not do. He had been noticed by the Town but at this time staff was requesting a temporary permit to allow the moving of the house. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to accept the staff' s recommendation and to grant Mr. Bellucci a temporary permit to allow him to move the house with the notation that he must subsequently apply for the appropriate permits . 2 . City Attorney: 3 . City Clerk: -12- 1/4/89 `o J. STAFF REPORTS : (continued) : 4. Council Business : a) Casey: Request to attend League of California Cities 1989 Mayors and Councilmembers Orientation Institute MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to authorize Mayor Pro Tem Casey' s attendance at the LOCC 1989 Mayors and Councilmembers Orientation Institute. b) van Tamelen: Council Meeting Absences van Tamelen noted that she might miss three Council Meetings due to travel plans and she inquired whether Council had any objections to this. Council expressed no objections . c) Tryon: Crime Statistics Tryon reported that recently published crime statistics showed Los Altos Hills as having the lowest crime rate in the County for another year. K. ADJOURNMENT: There being no further new or old business to discuss , the City Council adjourned at 11:00 p.m. to an Adjourned Regular Meeting on Monday, January 9 , 1989 at 7: 15 p.m. Respectfully submitted, Patricia Dowd, City Clerk -13- 1/4/89