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HomeMy WebLinkAbout01/06/1988 (2) `r CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, January 6 , 1988 cc: Reel 189 , Tr. I , Side I , 583-end, Tr. I , Side II , 001-719 Mayor Tryon called the Regular Meeting of the City Council to order at 7: 25 p.m. in the Council Chambers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Tryon and Councilmembers Dronkert, Plummer, Siegel and van Tamelen (van Tamelen arrived at 7 : 30 p.m. ) Absent: None Staff: City Manager George Scarborough, City Attorney Frank Gillio, Director of Public Works Bill Ekern and City Clerk Pat Dowd Planning Comm: Mary Stutz Press: Mary Fortney, Peninsula Times Tribune; De Tran, San Jose Mercury B. CERTIFICATE OF APPRECIATION - PINEWOOD SCHOOL - TREE PLANING PROJECT: This item was continued to the next meeting to allow representa- tives from the school to be present to accept the certificate. C. APPOINTMENT TO FINANCE COMMITTEE: MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert and passed unanimously by all members present to appoint Frank Lloyd, 12824 Brendel Drive, to the Finance Committee for a term of two years. D. CONSENT CALENDAR: Items D. 4 .d) and D. 4 .e) (City Manager) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: D. CONSENT CALENDAR: (continued) : flibY 1. Approval of Warrants: $31, 293 . 07 (12/31/87) $40, 979 . 47 (1/6/88) 2. Monthly Financial Report: Informational Item 3. Actions of the Planning Commission: approved the following: a) LANDS OF PAO, 27636 Briones Court, FILE VAR #32-87, request for variance to exceed the maximum floor area for the lot by 1, 149 square feet or to increase over the current non-conforming level by 373 square feet in order to retain the existing garage 4. Resolutions for Adoption: a) Resolution #1-88 setting the time and place of hearing on proposed changes and amendments to the text of Chapter 1 of Title 10 of Los Altos Hills Municipal Code entitled ' Zoning Law of the Town of Los Altos Hills and concerning adoption of a proposed negative declaration (concerning number of hoofed animals allowed on a property) b) Resolution #2-88 approving and authorizing execution of addendum to private sanitary sewer main- tenance agreement between the Town of Los Altos Hills and Tod Properties, Inc. , Bas Homes, Inc. , and Robert Melkonoff and Katherine S. Melkonoff , and ordering recordation thereof c) Resolution #3-88 accepting a certain easement deed for Three Forks Lane (Mr. and Mrs. Robert Melkonoff) Items Removed: 1. Resolutions concerning proposed Sewer Assessment District No. 11 The City Clerk noted that Mr. Philip Assaf of the law firm Sturgis , Ness, Brunsell and Sperry had prepared amended documents for Council review and adoption. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously to adopt Resolution #4-88 approving boundary map (Sewer Assessment District No. 11) and Resolution #5-88 accepting report and setting hearing of protests (Sewer Assessment District No. 11) . 2- 1/6/88 E. PRESENTATIONS FROM THE FLOOR: Betsy Bertram, 11854 Page Mill Road, commented that she understood Council had given permission to the Peninsula French American School to hold a party at Westwind Barn in the spring. As a former member of the Board of Westwind, Mrs. Bertram stated that she did not think this was appropriate action. The Board had not been advised of this request or approval and the event itself did not comply with the conditional use permit for the barn or the ordinances of the Town. The City Manager noted that there had been some miscommunication which would be corrected. The School had been advised that the Council approved of the event if the Board of Westwind Barn concurred that they wanted to do it. It was understood that the School was to contact the Barn directly. Another letter would be sent to the School clarifying the situation. Mrs . Bertram suggested that Council agendize the review and definition of requests from outside organizations for use of facilities within the Town. Dr. Howard Martin, 11666 Dawson Drive, presented pictures and newspaper articles to the Council giving them an update of the situation with the Neary Quarry and Hale Creek. Dr. Martin wanted to call the Council ' s attention to the fact that Hale Creek was now completely dry. Council thanked Dr. Martin for his report and noted that the documents would be kept on file at Town Hall . 4111/ F. REPORT FROM THE PLANNING COMMISSION: Planning Caanissioner Stutz reported that the following items were discussed at the 12/30/87 Commission meeting: 1) Lands of Wong, File Var #15-87 - continued; 2) Lands of Pao, File VAR #32-87 - approved; 3) Lands of Eyvazov, Lot #30 - Dawson Drive and Lands of Collinson, 27500 Edgerton Road -- both applications denied. The draft housing element was also discussed and the Commission recommended that the Council adopt the Housing Element as revised and amended by the Commission during the public hearing. G. PUBLIC HEARINGS: 1. LANDS OF VIDINSKY, 24250 Hillview Road, appeal of Planning Commission ' s decision to request right-of-way dedication (continued from the last meeting) Council had before than a staff report dated 12/8/87 which included the recommendation that the request for road right-of-way be maintained. Mrs . Vidinsky, applicant, referred to the comments she made on this appeal at the last Council meeting. She reiterated her opinion that the Town documents stated ' may require ' and urged reason and good judgment to prevail . Again Mrs. Vidinsky noted that the lots in the neighborhood were non-conforming and the pathway under discussion would be only on their lot and would not go any further. .`: 3- 1/6/88 G. PUBLIC HEARINGS: (continued) : Jan Farnsworth, 24220 Hillview Road, supported the statements made by Mrs . Vidinsky. Jean Struthers , Planning Commissioner, stated that the Commission was carrying out the Town' s policies and she urged the Council not make a decision based on economics or personalities. van Tamelen and Siegel supported the Commission' s follow through of Town policies. Siegel suggested that clarification of this particular issue be discussed during the General Plan Review. van Tamelen stated that granting an exception in this case would be precedent setting -- when would granting such exceptions stop. Dronkert and Plummer did not agree with the need for a sixty foot right of way in this particular case and commented that the Vidinskys had not been given sufficient information. Tryon supported the comments made by Siegel and van Tamelen but did not agree that sixty foot road right of ways were necessary in every situation. MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert and passed by the following roll call vote to grant the appeal of the Planning Commission' s decision to request the right-of-way dedication for Lands of Vidinsky, 24250 Hillview Road. AYES : Mayor Tryon and Councilmembers Dronkert and Plummer NOES: Mayor Pro Tem Siegel and Councilmember van Tamelen PASSED BY CONSENSUS: To agendize for the next Council Meeting an item on the Circulation Element of the General Plan for development of a written policy on the dedication of road right of ways and to consider preparation of a street by street analysis , if possible. 2. LANDS OF NAGPAL, 28555 Matadero Creek Lane, request for an additional 264 square feet of maximum development area, beyond the limit allowed per conditions of approval of the tentative map, for purpose of installing 520 square feet of solar panels (continued from last meeting) Council had before them the Town Planner ' s staff report dated 12/31/87 which included the recommendation that the increase be allowed in order to encourage the use of solar energy. It was also noted that notices had been sent to all of the neighbors as part of the regular public hearing process. No comments had been received from any of those noticed nor was anyone present to address the subject at the public hearing. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Plummer and passed unanimously to grant the request for an additional 264 square feet of maximum development area for the purpose of installing 520 square feet of solar panels , based on the staff ' s recommendation and the lack of visual impact on the neighbors. w 4- 1/6/88 G. PUBLIC HEARINGS: (continued) : 4111, 3 . LANDS OF MONTGOMERY, 27855 Black Mountain Road, appeal by Mr . Boris Petrovchich of administrative action - request that visitors ' parking be moved to the other side of the driveway and that the current location be returned to the original condition Council had before them the City Manager ' s report dated 1/ 6/88 which included background information on the original application and the appeal and also included the recommendation that the appeal be denied. The report noted that the permit authorizing the work at 27855 Black Mountain Road had been validly and correctly issued and the property owner had performed the work in accordance with the permit. Mr . Boris Petrovchich, applicant, stated that the work done by the Montgomerys on their property impacted him in the following areas: aesthetics , quality of life and safety. Mr . Petrovchich described his concerns about the ongoing drainage problem on the Montgomerys ' lot, his concerns about erosion and his willingness to participate in a solution to the problem. He stated that he had not been advised of the plans the Montgomerys had for their property and now he had a view of their parking lot out of his bedroom window. Mr. James Dozier, attorney representing Mr. and Mrs . Montgomery, stated that according to his clients they had attempted to show Mr. Petrovchich their plans on several occasion and he had not appeared kir interested. Mr . Dozier also questioned the concerns stated about drainage in that the Montgomerys ' lot was below Mr. Petrovchich' s and water did not flow uphill . Mr. and Mrs. Fred Montgomery, owners of property at 27855 Black Mountain Road, each addressed the Council expressing their dismay at what was taking place. On several occasions they had attempted to talk to Mr. Petrovchich regarding their plans and as stated before he did not appear to be very interested in their project. They also outlined some of the drainage problems they had experienced with their lot and how they had corrected the situation. For Council ' s information they had prepared a photo display of their property and had made copies of a questionnaire they had distributed to their neighbors . Mr. Ray Whitley, 26944 Elena, noted that part of his property was contiguous to Mr. Petrovchich' s. He presented background information to the Council on previous owners of the properties in question and also commented on his concerns relating the drainage problems in the area. Mary Stutz , Planning Commissioner, stated that the drainage issue had been discussed when the Montgomery property came before the Site Development Committee. No objections had been raised at that time by the neighbors of the Montgomery property. 'r/ 5- 1/6/88 G. PUBLIC HEARINGS: (continued) : Rosemary Meyerott, 27100 Elena Road, also commented on earlier owners of the house under discussion and noted that they had had water problems but had put in a drainage system around the house. Dronkert commented that in her opinion the Montgomerys had addressed the concerns raised by Mr . Petrovchich and they had undertaken a tasteful , modest remodel . MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to deny the appeal by Mr. Boris Petrovchich of the administrative action concerning 27855 Black Mountain Road and his request that the visitors ' parking lot be moved to the other side of the driveway and that the current location be returned to the original condition. *Mayor Tryon stated that the Montgomerys had worked with Mr. Petrovchich on the drainage H. OLD BUSINESS: (AMENDED BY WUNCIL 1/20/88) issue. i. Ordinance #319 amending Chapter 5 of Title 5 of the Los Altos Hills Municipal Code concerning solicitation of posted premised (SECOND READING) PASSED BY CONSENSUS : To refer this item to the Safety Committee for their review and recommendation to agendize for the first Council Meeting in February. Is, 2. Resolution # approving and authorizing execution of an agree- ment for Town Engineer services between the Town of Los Altos Hills and Wilsey and Ham MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert and passed unanimously to adopt Resolution #6-88 approving and authorizing execution of an agreement for Town Engineer services between the Town of Los Altos Hills and Wilsey 6 Ham with the modification that the term of the contract be corrected to January 1, 1988 to December 31, 1988. 3 . Resolution # initiating the requested annexation of San Antonio Hills (West) The City Attorney explained that this item on the agenda needed to be corrected. Rather than the above stated resolution, it was necessary at this time to set a public hearing on the proposed resolution of application to the Local Agency Formation Commission for the annexation under discussion. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously to amend the agenda by changing Item H. 3 to a resolution setting a public hearing as recommended by the City Attorney. 6- 1/6/88 H. OLD BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously to adopt Resolution #7-88 setting the time and place of public hearing on the proposed resolution of application to the Local Agency Formation Commission of Santa Clara County for the annexation of contiguous inhabited territory commonly known as San Antonio Hills (West) to the Town of Los Altos Hills. 4 . Letter from Barrie Freeman regarding barking dog public nuisance Council had before them the City Manager ' s report dated 12/16/87 which gave background information on the situation between Barrie Freeman and his neighbors relating to their barking dogs. Barrie Freeman, 26922 Dezahara, referred to the Town' s ordinances and the CC&Rs of his subdivision. The constant barking of the neighbors ' dogs was in violation of these regulations. Mr. Freeman had contacted the District Attorney' s office concerning this matter but they declined to take any action on the situation. PASSED BY CONSENSUS : To request the Mayor to write a letter to William Lear, owner of the dog in question, asking that he meet with Barrie Freeman and the City Manager in the hope of reaching a solution to the problem. L I . NEW BUSINESS: �r 1. Adobe Creek Lodge Initiative Petition a) Presentation, certification and consideration of initiative petition regarding the Adobe Creek Lodge Initiative Petition The City Clerk read the certification received from the Registrar of Voters which stated that the Adobe Creek Lodge Initiative Petition contained 614 signatures of which 587 were found to be those of registered voters in the Town. The City Clerk noted that at the time the notice of intent to circulate the petition was filed, there were 5 , 393 registered voters in the Town. Therefore, the petition contained valid signatures of at least 10% of the registered voters of the Town. The City Attorney stated that the Council had the options of adopting the proposed ordinance or of submitting the proposed ordinance to the voters at the April 12, 1988. He further stated that the proposed ordinance before Council would amend the General Plan and the Housing Element, would create a new zoning district and would rezone Adobe Creek Lodge and the neighboring property. Once in place the proposed ordinance would also allow any other property to get into the new district. 7- 1/6/88 I . NEW BUSINESS: (continued) : The Council discussed the initiative petition that had been circulated, expressed serious concerns relating to how it actually did relate to ' senior ' housing, how the stated requirements for senior housing would indeed be enforced and how the proposed ordinance did change the Town ' s zoning ordinance. Dr. Howard Martin, 11666 Dawson Drive, stated that he thought the title of the initiative was misleading. The title should say it was a petition to change the zoning of the Town as it could not be restricted to Adobe Creek. The City Attorney responded that the title of the initiative could not legally be changed. Sheri Emling, 11853 Murietta Lane, concurred with the opinions expressed by Councilmembers that the initiative would indeed break the Town' s zoning. Judy Zurbriggen, 11800 Murietta Lane, stated that it was a Town-wide issue, not just related to Adobe Creek. She also seriously questioned the legal requirements to having ' senior ' housing on the property and queried what would happen if the required 62 year old person living in the ' senior' housing died or moved out. Who would see that the requirements were enforced. Stephen Gaither, 26200 Moody Road, discussed the issue of density as thr addressed in his petition. He also referred to the Unruh Civil Rights Act and his proposal for senior housing. Regarding the enforcement issue which had been raised, he stated that the CC&Rs (conditions , covenants and restrictions) of the senior housing would be the vehicle for enforcement of the requirements for senior housing. The City Attorney, in response to this last comment, stated that the Town did not enforce the CC&Rs of any subdivision in the Town. b) Resolution # ordering an initiative ordinance sub- mitted to the voters at the next regular municipal election MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously to adopt Resolution #8-88 ordering an initiative ordinance submitted to the voters at the next regular municipal election. c) Resolution # amending Resolution #135-87 calling a General Municipal Election The City Attorney noted that since the initiative petition qualified, it would be necessary to amend the resolution calling a General Municipal Election by adding the Measure to be voted on to the ballot. ihr 8- 1/6/88 I . NEW BUSINESS: (continued) : L Council discussed the wording of the Measure as prepared by the City Attorney and also as prepared in a draft form by the Mayor. Dr. and Mrs. Howard Martin, 11666 Dawson Drive; Lee Patmore, 27650 Central Drive and Betsy Bertram, 11854 Page Mill Road, each addressed the Council with suggested word changes to the measure to be placed on the ballot. Mrs. Bertram also offered to transcribe the tape of the Council Meeting and suggested the transcription be placed in a Town newsletter as a vehicle to inform all of the residents of this issue before the Town. MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by van Tamelen and passed unanimously to adopt Resolution #9-88 amending Resolution #135-87 calling a General Municipal Election with the following wording for Measure B, the Adobe Creek Lodge Initiative: Shall the Initiative Ordinance Amending the Zoning Law and General Plan Housing Element of the Town of Los Altos Hills, creating a Senior Residential Community (SRC) District, rezoning the parcels known as Lands of Bellucci and Lands of Gaither (approximately 85 acres) to this District, increasing the presently allowed housing density for such parcels , allowing attached and clustered housing, reducing off- street parking requirements, and permitting accessory uses and structures , including non-commerical dining and social/recreational activities , and allowing the rezoning of other properties to such a Zoning District, be approved? d) Notice in the matter of fixing time for submission of arguments and rebuttal arguments on a city initiative measure to be submitted at the General Municipal Election to be held on Tuesday, April 12 , 1988 , in the Town of Los Altos Hills According to the Registrar of Voters Office, the deadline for receipt of arguments with the City Clerk was 5 : 00 p.m. on Friday, January 15, 1988 and the deadline for receipt of rebuttal arguments was 5: 00 p.m. on Monday, January 25 , 1988 . The City Attorney stated that the City Council was responsible for the argument against Measure B. While they could delegate the writing of the argument to someone else, it would be their responsibilty to approve it for the ballot. Should the Council not wish to write an argument, there would not be one placed in the ballot. PASSED BY CONSENSUS: To schedule an Adjourned Regular Meeting of the City Council for 4 : 00 p.m. on Monday, January 11 , 1988 in the Council Chambers at Town Hall to write the ballot argument against Measure B. 9- 1/6/88 I . NEW BUSINESS: (continued) : Shr 2 . Request from Pinewood School to keep activity board sign in their parking lot PASSED BY CONSENSUS: To allow the request to keep the activity board sign but to require that additional landscape screening be required in the circular planter in front of the sign to obscure the billboard from Fremont Road, while maintaining adequate and safe sight distance. 3 . Consideration of final draft contract with Sheriff ' s Department - adopt Resolution PASSED BY CONSENSUS: To continue this item to the next Council meeting. J. OTHER BUSINESS : 1 . Reports from Standing Committees : a) Community Relations Committee and Environmental Design and Protection Committee Dronkert asked that both of the above mentioned committees be advised of the gift received from Mr. and Mrs. Ley for trees at the Heritage House. ihr 2. Reports from Ad Hoc Committees: a) General Plan Steering Committee It was noted that the first meeting of the General Plan Steering Committee was scheduled for Thursday, January 14, 1988 at 5: 00 p.m. in the Council Chambers at Town Hall . b) Ballot Argument -- April 12 , 1988 Election PASSED BY CONSENUS : To appoint Siegel and van Tamelen to a Council sub-committee to write the ballot argument against the Adobe Creek Lodge Initiative. K. STAFF REPORTS : 1. City Manager: a) Acceptance of 1986-87 Audit Council had received the 1986-87 audit and had before them the City Manager ' s staff report dated 1/6/88 on the audit and the management letter. 4111/ -10- 1/6/88 K. STAFF REPORTS: (continued) : PASSED BY CONSENSUS: To accept the 1986-87 audit and to request that the statement made on page nine of the audit that this was the first year in the Town' s history that an unqualified auditor ' s opinion had been received be placed in the Town ' s newsletter and sent to the newspapers as a press release. b) Report on City Contracts PASSED BY CONSENSUS: To continue this item to the next meeting. 2 . City Attorney: a) Report on Williamson Act Council accepted the City Attorney ' s report dated 12/22/87 on the Williamson Act. 3 . Council Business : a) Mayor: b) Councilmembers : 1) van Tamelen: Nancy Lytle ' s Dinner Ii/ van Tamelen noted that a pot luck party had been planned for Nancy Lytle for Friday, January 15, 1988 at the Heritage House. Councilmembers were asked to let her know if they could attend and what they could bring. L. 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 scheduled for Monday, January 11 , 1988 at 4 : 00 p.m. in the Council Chambers at Town Hall . Respectfully submitted, Patricia Dowd, City Clerk lbw -11- 1/6/88