HomeMy WebLinkAbout04/05/1989 (2) lir
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, April 5 , 1989
cc: Reel 200, Tr. I , Side II , 437-end; Tr. II , Side I , 001-240
Mayor Johnson called the Regular Meeting of the City Council to order
at 7 :25 p.m. in the Council Chambers at Town Hall . The Mayor presented
a framed picture of the Town' s stained glass window to Sally Lyn Zeff
who was leaving the Town as Planning Director. Mayor Johnson noted Ms.
Zeff had been with the Town for a year and thanked her for her
contributions to the Town as Planning Director.
kir 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 Zeff and City Clerk
Pat Dowd
Planning
Comm: Lee Patmore
Press: Don Brignolo, San Jose Mercury
B. REPORT FROM THE PLANNING COMMISSION:
Commissioner Patmore reported that the following items were discussed
at their 3/22/89 meeting: 1) Lands of Carse, request to construct a
deck in the conservation easement - denied; 2) Lands of Kopal , request
for a variance in maximum floor area - denied; 3 ) Lands of Mele,
request for a variance and conditional use permit for a second
dwelling unit which would cause the maximum floor area for the lot to
be exceeded - denied; 4) Lands of Bjorklund, Files CUP #2-89 , VAR #3-
89 , requests for additions to existing house including an attached
second dwelling - approved; 5) Lands of Reuter, lot line approved; 6)
Lands of Chen, staff ' s decision to allow fence upheld; and 7) Town
Survey was discussed.
Lie C. CONSENT CALENDAR:
Items Removed: C. 8 (Siegel) , C.9 (Casey) . The Acting City Manager
did not remove Item C.3 .a) but noted that there were
a few modifications in the technical wording of the
certificate before Council .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to approve the balance of the Consent Calendar,
with the modifications to Item C. 3 .a) and specifically including the
following:
1. Approval of Minutes: March 1 , 1989 (Regular Meeting)
March 15 , 1989 (Regular Meeting)
March 20, 1989 (Special Meeting)
March 21, 1989 (Special Meeting)
March 23 , 1989 (Adjourned Regular Meeting)
2. Approval of Warrants: $45, 514. 22 (3/20/89)
$79 , 681 .23 (3/31/89)
3. Resolutions for Adoption:
a) Resolution #48-89 approving issuance of conditional
certificate of compliance to the estate of Irma C.
Goldsmith and authorizing execution thereof, and ordering
recordation thereof, and repealing Resolution #20-89
b) Resolution #49-89 accepting a certain executor ' s deed
(Lands of Goldsmith)
c) Resolution #50-89 approving and authorizing execution of
a second addendum to agreement between the Town of Los
Altos Hills and Wilsey and Ham for city engineer services
d) Resolution #51-89 designating the street name 'Altamont
Court' as the name of a private street in Tract No. 2437
e) Resolution #52-89 approving and authorizing execution of
agreement for disposal of municipal solid waste between the
Town of Los Altos Hills and International Disposal Corp.
of California to which the County of Santa Clara shall be a
signatory, and repealing Resolution No. 34-89
4 . Certificates of Appreciation: Grace Allison and Mike Myers ---
Community Relations Committee
5. Request from Santa Clara Valley Water District to hold a meeting in
Council Chambers on April 19 , 1989
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C. CONSENT CALENDAR: (continued)
6 . Actions of the Planning Commission: approved the following:
a) LANDS OF BJORKLUND, FILE CUP #2-89 , VAR #3-89 , 26498
Ascension Drive, request for additions to an existing
house including an attached second dwelling
7. Monthly Financial Report: Informational Item
Items Removed:
1. Quarry Hills Project: Request from Mr. Vidovich for a ninety day
extension from March 28 , 1989 for consideration of the tentative
map for Lands of Quarry Hills
Siegel removed this from the Consent Calendar for specific
clarification that the Council concurred with the request by the
applicant for an extension.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to state Council ' s agreement with the request
from Mr. Vidovich for a ninety day extension from March 28, 1989 for
consideration of the tentative map for Lands of Quarry Hills
2 . Request by David Bellucci to waive zoning, site development and
building fees for 26220 Moody Road (carriage house relocation)
Casey stated that she had removed this item from the Consent Calendar
because she thought the fees should be waived as it was an historical
house and the staff recommendation was that they not be waived. Tryon
was not adverse to waiving the fees but was concerned about the
preservation of the historical integrity of the house. van Tamelen
commented on the reasons behind the Town' s fee structure and stated
that she believed applicants should pay for the staff time involved in
their projects.
Kathryn Covertson, representing Mr. Bellucci, read a letter from Mr.
Bellucci stating his reasons for the request for waiver of fees.
Specifically, he noted that the carriage house dated back to the Haas
Estate in 1932 . It was his intention to preserve the carriage house
and restore it to its original condition in accordance with the
General Plan of the Town.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed by the following roll call vote to waive the zoning, variance,
conditional use permit and site development fees for the relocation of
the carriage house at 26220 Moody Road, contingent upon an agreement
between the Town and Mr. Bellucci preserving the historical integrity
of the carriage house.
libre
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C. CONSENT CALENDAR: (continued) :
AYES: Mayor Johnson and Councilmembers Casey, Siegel and Tryon
NOES: None
ABSTAIN: Councilmember van Tamelen
D. PRESENTATIONS FROM THE FLOOR:
Elaine Dauber, Los Altos Library Commission, reported that a Joint
Study Session of the City Councils and Library Commission had been
held on Tuesday, April 4th. Mrs. Dauber commented that the Town' s City
Council ' s agendas were available at the library and she thought this
was an excellent idea. She also suggested that a copy of the Town
Survey also be kept at the library for informational purposes.
E. PUBLIC HEARING:
1. LANDS OF PACKER/DROWNE, FILE TM #11-88, 26431 Elena Road, request
for approval of negative declaration and tentative map for a two
lot subdivision - Resolution # approving tentative parcel map
of Lands of Packer
The Planning Director presented her report to Council dated 3/24/89
L which included the recommendation that the Council certify the
` negative declaration and approve the tenative map subject to the
conditions of approval as recommended by the Commission. The report
also noted that staff recommended that condition #4 as recommended by
the Planning Commission be amended to read as follows: ' The applicant
shall dedicate a 10-foot wide pathway easement 50 feet from the
centerline of Deer Creek from the Lands of Oakson to the hairpin curve
on Elena on the westerly corner of the property. '
Council addressed several concerns regarding this subdivision
including the following: pathways, conservation easements, slope of
entrance driveway, cul-de-sac entrance to property; septic/sewer
systems and grading.
Kenneth Pearce, 13076 Vista Del Valle Court, stated that he lived
immediately above the proposed subdivision and had several concerns
regarding the project. In particular he was concerned about his
property, the Packer property and Elena Road as affected by geologic
impacts. Mr. Pearce commented on his concerns regarding water runoff
and number of trees to be removed from the land. He also noted that
vehicle weight limits were not enforced on Elena Road and there was a
traffic safety concern as two cars had already gone over the edge.
The Acting City Manager commented that certain of these concerns would
be addressed at the time of Site Development and the Town Geologist
had already addressed the items raised by Mr. Pearce. This subdivision
would not affect the structural integrity of Elena Road and
construction vehicles were not included in weight limits.
4- 4/5/89
E. PUBLIC HEARING: (continued) :
Nellavan Leckey, Brian, Kangas Foulk, commented that her client had
not objections to either of the recommendations for placement of the
path nor was the conservation easement a problem. They intended to
limit the amount of grading as much as possible.
Lee Patmore, Planning Commissioner, commented that the Commission
believed all of the issues had been looked at carefully for this
proposed subdivision.
Dan Alexander, 27200 Elena Road, did not understand how the Council
could certify a negative declaration for this project. He believed a
full environmental impact report should be required.
Bob Stutz, member - Pathways, Recreation and Parks Committee,
explained the location of the path on the neighboring property and the
proposed location of the path on the Packer subdivision. While he
believed the Commission' s recommendation provided the best alignment
to existing conditions , the Pathways, Recreation and Parks Committee
had no objection to the staff' s recommendation.
Council discussed further their concerns about the difficulty of this
particular lot. Options were discussed of sending a letter to the Site
Development Committee stating the Council ' s concerns or of requiring
lir the project to return to the Council for approval or of requiring any
development to go before the full Planning Commission.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed by the following roll call vote to approve the negative
declaration of Lands of Packer, Elena Road.
AYES: Mayor Johnson and Councilmembers Casey and Tryon
NOES: Councilmembers Siegel and van Tamelen
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to adopt Resolution #53-89 approving the tentative
parcel map for Lands of Packer subject to the conditions of approval
as recommended by the Planning Commission with the . E.L.cpLi-orref amendment of*
Condition #4 which shall read: 'The applicant shall dedicate a 10-foot
wide pathway easement 50 feet from the center line of Deer Creek from
the Lands of Oakson to the hairpin curve on Elena on the westerly
corner of the property. ' The City Council further stipulated that any
development on the Lands of Packer would go before the full Planning
Commission who would have the authority to reduce the amount of
maximumm development area if found necessary. *(SIDED BY COUNCIL 4/19/89)
v
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F. OLD BUSINESS:
1. Status Report from Sun Country Cable
John Dolan, Executive Vice President - Sun Country Cable, Inc. ,
presented an overview of a status report sent to the Acting City
Manager on 3/31/89 (on file at Town Hall) . In part, Mr. Dolan made the
following points. A customer service representative had been hired and
agreement had been reached with the Purissima Water District on the
use of the Page Mill Road water tank site for the headend. Field
engineering had been completed and pole applications had been
submitted to Pacific Telephone. Mr. Dolan anticipated the construction
of the cable system to begin in late April or early May and stated
that they would begin building the underground plant then construct
the aerial plant as soon as pole clearances were received. It appeared
the pole clearance applications would take an additional sixty days
from the anticipated early May proposed date for construction. Sun
Country had hired CH2M Hill, an engineering firm, to work on the
applications required by the County for the permits for the headend.
The timeframe estimated by CH2M Hill is between 90 and 180 days. Mr.
Dolan stated that work would proceed based on the assumption that the
system would be built while the headend was going through the zoning
process in order to keep delays to an absolute minimum.
Dan Alexander, Purissima Hills Water District Board Member, offered
the assistance of Bill McCann, General Manager of the Purissima Water
District, in showing the Council the location of the proposed headend.
Claire Lewis, Canario Way, inquired about the areas to be cabled first
and the fee structure.
van Tamelen inquired if access tv with Foothill College was being
discussed and Mr. Dolan said that conversations were taking place with
George Beers of Foothill College.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to instruct staff to request the Site
Development Committee to review the proposed location of the headend
as it aesthetically related to the site and to make a recommendation
to the Council . Council further directed that a representative from
Sun Country Cable be included on any site visits and a report be
forthcoming on cable tv at the first meeting in July.
G. NEW BUSINESS:
1. Report from Mayor on water reduction measures and consideration
of introduction of ordinance
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410,
G. NEW BUSINESS: (continued) :
The Mayor referred to his report dated 3/29/89 which included the
model 'drought ordinance ' as developed by the Santa Clara Valley Water
Commission. It was being requested that for purposes of uniformity all
of the cities in the County adopted such a ' drought ordinance' . The
following uses of potable water would be unlawful : 1) Water waste,
including but not limited to, flooding or runoff on sidewalks, streets
or gutters; 2) Cleaning of sidewalks, driveways, patios, parking lots ,
or other paved or hard-surfaced areas; 3) Use of water through a hose
for washing cars, buses , boats, trailers, or other vehicles without a
positive automatic shutdown valve on the outlet end of the hose; 4)
Operation of decorative fountains, except for maintenance purposes ; 5)
Use of water for construction purposes , such as consolidation of
backfill , unless no other source of water or other method can be used;
6) Water waste due to broken or defective plumbing, sprinkler,
watering or irrigation systems; 7) Outside landscape irrigation during
daylight hours; and 8) Hydrant flushing, except where required for
public health or safety. In addition the model ordinance addressed
method of appeals , effective date of ordinance, option of withdrawing
ordinance and penalties (misdemeanor punishable by a fine not to
exceed $500 or imprisonment in the county jail not to exceed 30 days
or both) .
Dan Alexander, Purissima Hills Water District Board Member, stated
that the Water District had also adopted an ordinance restricting
water uses but they did not have misdemeanor penalties attached to
their ordinance. Mr. Alexander agreed with Councilmembers that there
should be uniformity between their ordinance and any ordinance adopted
by the Town.
Elaine Dauber, 27930 Roble Alto, stated her opinion that it was not
reasonable to restrict residents from watering during all daylight
hours . It would make more sense to limit watering to certain hours so
that one could see if their irrigation systems were all working
properly rather than in the dark when one could not see anything.
Sharyn Adkisson, 27673 Lupine Road, inquired about the status of
Retch Hetchy.
Tryon stated that she was very much opposed to adopting such an
ordinance. She believed the Town should adopt policies, formulate
goals and educate the residents regarding water conservation rather
than threaten them with fines and or imprisonment. Siegel believed
there should be clear communication between the Town and Purissima
Water District regarding restrictions . He thought it would be very
confusing for residents to be informed of two ordinances which were
not the same. Casey thought it important for the Town to adopt such an
ordinance along with the other cities in the County but stated that
4 she would like to see the ordinances adopted by the other cities.
hir
7- 4/5/89
41,
E. PUBLIC HEARING: (continued) :
PASSED BY CONSENSUS: To continue consideration of adoption of a model
drought ordinance to the first meeting in May and to have for that
meeting copies of the ordinances adopted by the other cities in the
County and the ordinance passed by the Purissima Hills Water District.
2. Request from the Association of Bay Area Governments (ABAG) for
support of the Bay Trail Plan
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to support the Bay Trail Plan as requested by the
Association of Bay Area Governments (ABAG)
3 . Request from the Intergovernmental Council regarding participation
on the Environmental Safety Committee
Siegel reported that he served on the Environmental Safety Committee.
However, IGC was looking for more members in part because they wanted
to form a Toxics Council .
PASSED BY CONSENSUS: To send a letter to IGC stating the Town' s
support but noting that the Town is currently represented on the
Environmental Safety Committee.
4. Request for financial support from the Community Health Awareness
Council in the amount of $5 , 103
PASSED BY CONSENSUS: To send a letter to CHAC advising them of the
Town' s support and to note that their request will be considered
during budget review.
5 . Request for financial support from the Los Altos Senior Center in
the amount of $1 ,000
PASSED BY CONSENSUS : To send a letter to the Los Altos Senior Center
advising them of the Town' s support and to note that their request
will be considered during budget review.
6 . Request from the Los Altos Police Department for a $500 contribu-
tion for the Challenge Team' s Choices and Challenges Conference
(substance abuse awareness program)
It was noted that this conference was scheduled prior to budget review
and therefore the request for financial support should be considered
at this time.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to authorize a $500 contribution for the
4111/ Challenge Team' s Choices and Challenges Conference.
8- 4/5/89
ihr
G. NEW BUSINESS : (continued) :
7 . Request for support of the Santa Clara County Arts Council ' s
efforts to secure a National Endowment for the Arts Local Program
Grant
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to request the Mayor to send a letter of
support to the Santa Clara County Arts Council for their efforts to
secure a National Endowment for the Arts Local Program Grant
8. Inquiry from Marjorie Kellogg regarding rental/purchase of art work
for the Council Chambers
Council had received a letter from Marjorie Kellogg in which she
offered to either rent or sell to the Town several photographs she had
taken of Los Altos Hills . Mrs. Kellogg offered this as an interim
measure while the Town was searching for an Exhibit Curator.
PASSED BY CONSENSUS : To ask the Mayor to contact Mrs. Kellogg and ask
her if she would be willing to hang her pictures in the Chambers prior
to the next Council Meeting to allow Council an opportunity to see the
photographs under discussion and to direct staff to notice the vacancy
(1111, of the position of Exhibit Curator.
H. OTHER BUSINESS:
1. Reports from Standing Committees :
2. Reports from Ad Hoc Committees :
a) Community Survey Subcommittee -- recommendation
on distribution of survey
PASSED BY CONSENSUS: To continue this item to the next meeting.
b) Los Altos Juvenile Alcohol Party Ordinance
van Tamelen reported that she had attended a Joint Meeting of
representatives from Los Altos, Palo Alto, Cupertino, Mt. View and Los
Altos Hills to discuss options for youth parties. The City of Fremont
had some examples which were being investigated and the meeting was
continued to a later date.
I . STAFF REPORTS:
1. City Manager:
a) Report on Quarry Hills Sub-Committee
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`' I . STAFF REPORTS: (continued) :
The Acting City Manager reported that the applicant' s geologist and
the Town' s geologist had met and agreement had been reached on the
work needed to be done on the entire project. Presently the field work
was underway.
At the 4/4/89 meeting of the County' s Board of Supervisors , the appeal
of the negative declaration had been denied by a 3-2 vote and the
reclamation plan for the quarry was approved. It was noted, however,
that if the quarry were annexed to the Town, the Town would need a
quarry reclamation ordinance and it should include a review of any
previous reclamation plans .
b) Lands of Clayton Woods -- County Property
The Acting City Manager reported that at the 4/4/89 Board of
Supervisors Meeting, the appeal of the County Planning Commission' s
approval of the application for a new residence by Clayton Woods was
continued for 60 to 90 days for additional information. It was agreed
that the Town ' s new Planning Director would attend this meeting when
it was scheduled.
2 . City Attorney:
3 . City Clerk: Report on Council Correspondence dated 3/31/89
Casey asked that the letter from Chip Blum on recycling be sent to
Dave Roos. She also asked that the letter from the Bartelinks
concerning a neighbor ' s fence be sent to the Planning Commission.
PASSED BY CONSENSUS : To adopt as a Council policy that any letter sent
to the Council concerning a Planning Commission matter be sent to the
Commissioners.
4. Council Business:
a) Request for nominations from Los Altos Board of
Realtors for Community Service Award
It was noted that these nominations were confidential . If
Councilmembers had anyone they wished to nominate, they could do so
individually and the deadline was April 14 , 1989 .
b) Council attendance at Planning Commission Meetings
Council discussed the policy of Councilmembers attending Planning
Commission meetings and whether or not it was voluntary . van
Tamelen had prepared a memo dated 4/3/89 in which she outlined the
41, rationale behind Council attendance at Planning Commission meetings
over the years.
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4111,
I . STAFF REPORTS : (continued) :
Lee Patmore, Planning Commissioner, stated that the Planning
Commission appreciated the attendance by the Council at their meetings
and Council noted that they certainly appreciated Commissioner' s
attendance at their meetings .
PASSED BY CONSENSUS: To end the policy of having a schedule prepared
for Council attendance at Planning Commission Meetings but to
encourage Councilmembers to attend any Commission or Site Development
Meetings in which they are interested.
c) Casey: Message to Los Altos Hills Horsemen ' s Assn.
Casey referred to the 3/1/89 letter from the President of the
Horsemens ' Association, Bob Stutz, to the Association and commented on
several of the statements made by Mr. Stutz in that letter. Casey
stated that she was invited to attend their meeting to hear the
concerns of the membership. Her suggestion to form a sub-committee to
work with the Horsemens ' Association was not meant to imply the
formation of a committee in lieu of the Pathways, Recreation and Parks
Committee. In addition Casey noted the statement made regarding her
opinion on cul-de-sacs was not correct. She believed there should be a
balance between owner ' s rights and the pathway system. Casey asked
that her comments on this letter be taken back to the members of the
Horsemens ' Association.
Sharyn Adkisson, 27673 Lupine Road, had been present at the Horsemens '
Association meeting under discussion and asked for clarification of
some of the comments made.
J. ADJOURNMENT:
There being no further new or old business to discuss, the City
Councial adjourned at 10 : 05 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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