HomeMy WebLinkAbout03/02/1988 S..
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, March 2, 1988
cc: Reel 190 , Tr. I , Side II , 016-end, Tr. II , Side I , 001-249
Mayor Tryon called the Regular Meeting of the City Council to order at
7:20 p.m. in the Council Chambers at Town Hall .
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Tryon and Councilmembers Dronkert and Plummer
Absent: Mayor Pro Tem Siegel and Councilmember van Tamelen
Staff: City Manager George Scarborough, City Attorney Frank
Gillio, Director of Public Works Bill Ekern, Planning
Consultant Lori Scott and City Clerk Pat Dowd
Planning
Comm. : Jean Struthers
Press : De Tran, San Jose Mercury; Charles Halleck (free-lance
reporter)
B. CONSENT CALENDAR:
Item Added to Consent Calendar: Item F. 1 under Old Business
PASSED BY CONSENSUS: To move Item F. 1 "Resolution # approving and
authorizing execution of law enforcement contract agreement between
the Town of Los Altos Hills and the County of Santa Clara" to the
Consent Calendar.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to approve the Consent
Calendar as amended, specifically:
B. CONSENT CALENDAR: (continued) :
6110
1. Approval of Minutes: February 3 , 1988
February 17 , 1988
2 . Approval of Warrants : $42 , 221 .94 ( 2/17/88)
$47 , 523 . 73 (2/29/88)
$57, 391.00 (3/2/88)
3 . Monthly Financial Reports (December 1987 and January 1988) :
Informational Item
4. Actions of the Planning Commission: approved the following:
a) LANDS OF MILLER, 24965 La Loma Drive, FILE VAR #29-87,
variance request to allow further encroachment of roof
overhangs and livng room walls into setback and location
of new buttress supports in setback by an additional 6 '
for total of 14 '
b) LANDS OF KRAUSE, 25855 Westwind Way, FILE CUP #9-87,
request for conditional use permit to allow secondary
dwelling unit
c) LANDS OF MARKOFF, 27961 Central Drive, FILE VAR #23-87,
request for variance to encroach into a northerly set-
411, back areea by a maximum of 21 1/2 ' for replacing barn
d) LANDS OF EARNEST, 27766 Stirrup Way, FILE CUP #8-87,
reconsideration of conditional use permit for new
residence and attached second unit.
e) LANDS OF PACKARD, 26580 Taaffe Road, FILE VAR #3-88 ,
request for variance for fence over height and along
roadway
5 . Certificate of Appreciation to James Flack for service on the
Environmental Design and Protection Committtee
6 . Resolution for Adoption:
a) Resolution #18-88 approving and authorizing execution of
law enforcement contract agreement between the Town of
Los Altos Hills and the County of Santa Clara
C. PRESENTATIONS FROM THE FLOOR:
4141,
2- 3/2/88
D. REPORT FROM THE PLANNING COMMISSION:
Commissioner Struthers reported that the following items were
discussed at the 2/24/ 88 Planning Commission Meeting: 1) Lands of
Christiansen, File VAR #35-87 and 2) Lands of Vayntrub, File VAR #33-
87 - continued; 3) Lands of Ernest, File CUP #8-87 and 4) Lands of
Packard, File VAR 3-88 - approved. Item concerning fencing around
pools was continued pending receipt of additional information.
E. PUBLIC HEARINGS:
1. LANDS OF EYVAZOV, Lot #30 , Dawson Drive, appeal of Planning
Commission' s denial of Site Development Permit
Mr. Eyvazov noted that his architect was not yet present and Council
agreed to delaying his public hearing to later in the meeting,
specifically after the public hearing on Sewer Assessment District
#11.
2 . LANDS OF COLLINSON, 27500 Edgerton Road, appeal of Planning
Commission' s denial of a variance modification and the
Commission ' s decision to request that the Town rescind the
building permit which was issued for the carport
Councilmember Dronkert stepped down from consideration of this item.
ibr Council had before them the 2/10/88 staff report which included the
same recommendation that had been made to the Planning Commission -
' to deny the request to modify the variance to allow the conversion of
a carport into a garage. The variance, zoning and site development
permits were issued based on the plans showing a completely open
carport structure. The building permit allowed some additional partial
enclosures. No further enclosures , beyond those shown on the building
permit, should be allowed since they will increase the bulkiness of
the structure which projects 21 feet into the roadway setback area.
The applicant should be notified that he must immediately correct the
ongoing construction to that allowed legally by permit. '
Dr. Collinson, applicant, explained his plans for a carport which were
then modified to substitute windows for the latticework. He stated he
had lived in Town since 1961 and had no desire to build anything
obtrusive to his neighbors . He submitted a letter from a landscape
designer supporting his proposed landscaping and a letter from a
neighbor, Linda Hoffman, which supported his proposed plans for a
garage.
Edward Emling, Planning Commissioner, stated that the variance had
been approved by the Planning Commission last year and the request to
modify the variance had recently been denied by the Planning
Commission by a vote of 3 to 2 . In his opinion the garage was
appropriate and fit in with the guidelines of the Town.
w'
3- 3/2/88
E. PUBLIC HEARINGS (continued) :
Mayor Tryon stated that she had received a number of phone calls from
neighbors who stated they had signed the petition for a carport but
not for a veiianer. garage (AMMTED BY COUNCTL 3/16/88)
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Tryon and
passed by the following roll call vote to uphold the Planning
Commission' s denial of a variance modification and the Planning
Commission ' s request that the building permit issued for the carport
be rescinded.
AYES: Mayor Tryon and Councilmember Plummer
NOES: None
ABSENT: Mayor Pro Tem Siegel and Councilmember van Tamelen
ABSTAIN: Councilmember Dronkert
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Plummer and
passed unanimously by all members present to waive fees for submittal
by the applicant of an amended variance application.
AYES: Mayor Tryon and Councilmember Plummer
NOES: None
ABSENT: Mayor Pro Tem Siegel and Councilmember van Tamelen
ABSTAIN: Councilmember Dronkert
3 . Proposed Annexation of San Antonio Hills (West)
a) Consideration of adoption of negative declaration
b) Resolution # of application to the Local Agency Forma-
tion 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
Council had before them the staff reports dated 2/11/88 and 2/25/88
which had been prepared by Lori Scott, Planning Consultant.
Lee Patmore, 27650 Central Drive, asked for clarification of a change
in zoning and/or ' relaxed ' zoning.
Dronkert explained that the reason this was before Council was that a
petition had been filed with the Town. This resolution before Council
set the process in motion and part of the process included noticed
public hearings on the subject of the annexation.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and
passed unanimously by all members present to adopt the negative
declaration for the San Antonio Hills (west) annexation based on the
reports, findings and negative declaration prepared by Lori Scott,
Planning Consultant.
4- 3/2/88
E. PUBLIC HEARINGS (continued) :
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to adopt Resolution #19-
88 of application to the Local Agency Formation Commission of Santa
Clara Couty for the annexation of contiguous inhabited territory
commonly known as San Antonio Hills (West) to the Town of Los Altos
Hills .
4 . Sewer Assessment District #11 -- receive and consider protests
against the proposed improvement, the extent of the assessment
district or the proposed assessment
a) Resolution # overruling protests
b) Resolution # amending Resolution of Intention No. 131-87
c) Resolution # approving report and assessment and
ordering improvement
The City Clerk stated that the following documents were on file in her
office: 1) Certificate of filing Boundary Map with County Recorder; 2)
Certificate of Mailing Notice of Improvement; 3) Certificate of
Posting Notice of Improvement; and 4) Affidavit of Publication of
Notice of Improvement.
The Director of Public Works read his reports dated 2/5/88 and
2/26/88 , both of which are on file in the City Clerk ' s Office, and
which included the recommendation that the resolution overruling
protests, amending Resolution of Intention No. 131-87 and approving
report and assessment and ordering improvement all be adopted.
Sam Nash, Wilsey & Ham, read the Engineer ' s Statement into the record.
This document is also on file in the City Clerk' s Office.
The Director of Public Works summarized the letters of protest which
had been received. On file were letters from Mr. Maxfield Brown, 12670
Dianne Drive; Mr. Robert Dippel , 25383 La Rena Lane; Mr. Kyle
McCarley, 25400 La Rena Lane; Mr . and Mrs. Sayar, 25391 O' Keefe Lane;
Mr. Richard Wong, 15470 Vista Serena; Mr. and Mrs. Richard Bachman,
25372 La Rena Lane; Mr. Paul Chu, 15431 Vista Serena and Mr. and Mrs .
Richard Grinnell , 15472 Vista Serena . Including oral protests, the
Director of Public Works reported 25% of the owners protested the
sewer assessment district.
The following residents addressed the Council protesting the proposed
Sewer Assessment District: Nancy Brown, 12670 Dianne Drive; Paul Chu,
15431 Vista Serena; Robert Dippel , 25853 La Rena; Les Earnest, 12769
Dianne Drive; Dick Grinnell , 15472 Vista Serena; Richard Wong, 15470
Vista Serena; Joseph Parise, 27865 Elena Road; Judy Carico, 25311
4110
5- 3/2/88
E. PUBLIC HEARINGS: (continued) :
O' Keefe Lane; Mr. Pariso, 25349 Elena; Linda Sayar, 25391 O' Keefe
Lane; Mrs . Chu, 15431 Vista Serena and Wendell Roscoe, 12234 Tepa Way.
Concerns raised included cost, inequity of assessment, ecological
concerns , recent placement of adequate septic systems , lack of
definite cost figures, conflict of interest with developer of Lands of
Currie on O' Keefe, lack of investigation into alternatives resulting
in difficulty in making a valid decision.
Jessie Jackson, 12800 Dianne Drive and Pat Larin, Dianne Drive, each
addressed the Council in support of the sewer assessment district. Ms.
Jackson noted that it was to everyone' s advantage as the septic
systems in place now will start having problems in a few years .
Carl Clement, 12785 Dianne Drive, reported that 62% of the owners had
signed the petition circulated for the sewer assessment district. At
the time the petition was circulated the information was honestly
given concerning the issues.
Philip Assaf , Sturgis, Ness, Brunsell & Sperry, reported that after
the actual construction costs were determined assessments could not be
raised without another public hearing. He also noted that if the bids
came in high, the project could be abandoned altogether. Mr. Assaf
reiterated the notification process which included newspaper notices,
mailings to each owner, posting of notices on property and
informational hearings at Town Hall prior to the public hearing.
Council raised several issues including costs, tax ramifications,
length of term of assessment district, health impacts, determination
that a lot could be subdivided before it was doubly assessed, impact
of possible delay of action and percentages of those in favor of
district and those against.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to adopt Resolution #20-
88 overruling protests .
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to adopt Resolution #21-
88 amending Resolution of Intention No. 131-87.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to adopt Resolution #22-
88 approving report and assessment and ordering improvement.
Council stressed that informational meetings should continue with
those involved in the sewer assessment district. Not only should
additional financial information be made available asit is received
but residents should be urged to consider innovative solutions rather
than protests to the situation.
6- 3/2/88
E. PUBLIC HEARINGS: (continued) :
5 . LANDS OF EYVAZOV, Lot #30 , Dawson Drive, appeal of Planning
Commission' s denial of Site Development Permit (continued from
earlier in the meeting)
Council had before them the Director of Public Works ' staff report
dated 2/8/88 which included the recommendation that the City Council
uphold the decision by the Planning Commission to deny the Site
Development permit for Lands of Eyvazov.
Wendell Roscoe, architect, referred to the plans he had submitted
which showed how they intended to obviate the visual impact and also
showed the plans for landscaping. He stated that he was working hard
to make the site work and while he had made aesthetic changes in the
plans he considered them minor in nature and did not feel the matter
should go back to the Planning Commission.
Council discussed the plans and the Mayor noted that all the
information they requested on the proposed site, including specific
views of the site from certain points, had not been provided by the
applicant. Furthermore, the plans now before them were a definite
departure from those the Planning Commission had seen and it was
suggsted that the appropriate course of action would be to refer the
matter back to the Planning Commission.
411. Mr. Eyvazov, applicant, commented this issue had been going on for a
year and now the Council was saying that the plans were not
acceptable.
Lee Patmore, Planning Commissioner, commented that she was on the Site
Development Committee when it reviewed this project and was present
both times it came before the Planning Commission. At each session,
the applicant was asked to modify his plans and in each case the
applicant did not and appealed his case to the higher authority.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed unanimously by all members present to deny the appeal of
the Planning Commission ' s decision regarding a site development permit
for Lands of Eyvazov without prejudice and without the requirement for
payment of additional fees and to suggest that the applicant take his
new plans back to the Planning Commission.
F. OLD BUSINESS:
1 . Resolution # approving and authorizing execution of
law enforcement contract agreement between the Town of
Los Altos Hills and the County of Santa Clara
This item was added to the Consent Calendar.
7- 3/2/88
F . OLD BUSINESS: (continued) :
2. Ordinance # further amending Chapter 1 entitled Chapter
1 entitled ' Zoning ' of Title 10 of the Los Altos Hills
Municipal Code by amending Section 10-5. 702 concerning the
number of hoofed animals allowed (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Plummer and
passed unanimously by all members present to waive further reading of
ordinance.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed unanimously by all members present to adopt Ordinance #319
further amending Chapter 1 entitled Chapter 1 entitled ' Zoning ' of
Title 10 of the Los Altos Hills Municipal Code by amending Section 10-
5 . 702 concerning the number of hoofed animals allowed
PASSED BY CONSENSUS: To direct the Planning Commission to study the
hoofed animal issue further with the goal of developing an appropriate
definition or perhaps a new ordinance dealing with animals other than
horses and domestic pets.
G. NEW BUSINESS:
1. Ordinance # amending Chapter 5 entitled 'Flood Damage
Prevention Ordinance" of Title 7 of the Los Altos Hills
41, Municipal Code (FIRST READING)
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed unanimously by all members present to waive further reading
of ordinance.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to introduce Ordinance
#320 amending Chapter 5 entitled 'Flood Damage Prevention Ordinance"
of Title 7 of the Los Altos Hills Municipal Code
2. Informational Mailing on Measure B
Mayor Tryon stated that she had received many calls from concerned
residents who had questions concerning Measure B and who wanted
clarification of many of the issues involved. She repeated several of
the questions which addressed, in part, senior housing, impact on Town
Zoning and impact on properties in Town other than Adobe Creek. The
Mayor asked if Council was interested in providing an informational
mailing on Measure B to the residents in order to explain these
matters more clearly.
The City Attorney commented on the methods in which this could legally
be done and referred to a 1976 case which gave the authority to
disseminate information if it was done as a ' fair presentation of
lbw relevant facts ' .
8- 3/2/88
G. NEW BUSINESS: (continued) :
Councilmembers Dronkert and Plummer were not in favor of an
informational mailing. Dronkert commented that the Council had taken a
clear position on the measure and had written the argument against
Measure B and the rebuttal to the argument in favor of Measure B.
These arguments would be sent to all registered voters in their Sample
Ballot. Another method of providing information would be to provide a
verbatim copy of the dialogue between the Mayor and the City Attorney
and have it available at Town Hall if anyone wanted to obtain a copy.
Dronkert further noted that Councilmembers were always available if
residents wanted to call them for clarification of certain issues.
Plummer noted that Council had clearly stated they were against
Measure B and commented that he did not believe Council should make
statements that the ' Town' was against Measure B. While they could
speak for themselves , they could not speak for the Town.
Sheri Emling, 11853 Murietta Lane, referred to other issues which had
been addressed in the Town Newsletter. She also noted that Mr. Gaither
was spending a lot of money to disseminate his information and she
felt that the Town had a responsibility to spread the information that
this was not a senior housing project but rather a density project.
Mrs . Emling strongly felt that a mailing should be done in addition to
the possibility of a meeting on the subject.
ihr Judy Zurbriggen, 11800 Murietta Lane, stated that the residents of the
Town wanted to know where they could get information on the election
issues .
Joseph Parise, 27865 Elena, complained that he was unable to reach the
Governor, Supervisor Dianne McKenna, the Council and the City Manager
on issues that concerned him.
PASSED BY CONSENSUS: To schedule a Special Meeting of the City Council
for Friday, March 25, 1988 to discuss Measure B.
Dr. Howard Martin, 11666 Dawson Drive, inquired about the format of
this meeting and Edward Emling, 11853 inquired if an announcement of
this meeting could be included in the Town Newsletter.
PASSED BY CONSENSUS : To agendize for the next Council Meeting the
establishment of the format for the Special City Council Meeting
scheduled for Friday, March 25 , 1988 .
3. Shriver Nuisance Complaint (Complaint received concerning
inadequate screening of equipment and vehicles on the
property at 12451 Stonebrook Drive)
The City Manager noted that a letter had been received from Mr.
Shriver stating that he was making substantial progress toward abating
the nuisance and had applied for zoning and site development permits
ihr for a fence.
3/2/88
G. NEW BUSINESS: (continued) :
400
PASSED BY CONSENSUS: To continue consideration of the Shriver Nuisance
Complaint for thirty days.
H. OTHER BUSINESS:
1. Reports from Standing Committees:
a) Community Relations Committee
Council thanked the Community Relations Committee for their report
dated February 9 , 1988.
2. Reports from Ad Hoc Committees:
I . STAFF REPORTS:
1. City Manager:
a) Request from C.G. Uhlenberg & Co. for payment of
additional funds incurred in the preparation of
the Town' s 1986-87 Audit
PASSED BY CONSENSUS: To authorize additional reimbursement of $1, 891
L to C.G. Uhlenberg & Co. for preparation of the 1986-87 audit.
!' b) Cable TV Consultant
PASSED BY CONSENSUS: To authorize the City Manager to select a cable
tv consultant, at an amount not to exceed $1 , 500, to review the
preliminary draft when it is available.
2 . City Attorney:
3 . City Clerk: Reports on Council Correspondence dated 2/11/88
and 2/26/88
4 . Council Business:
a) Mayor
1) T-2000 Draft Phase III Summary Report - Review
and Comment
This item was continued to the next meeting.
2) Legislation regarding ' no and low property tax'
cities
This item was continued to the next meeting at which time the City
Manager would present a report on the subject.
-10- 3/2/88
I . STAFF REPORTS (continued) :
3) Zoning Ordinance Review Committee
Mayor Tryon requested a status report on the the work of the Zoning
Ordinance Review Committee and also an evaluation from the City
Manager of the adequacy of the staffing of the Planning Department.
It was agreed the City Manager would meet with this sub-committee
(Tryon and Dronkert) before reporting back to the full Council .
4) Council on Aging
Mayor Tryon requested a copy of the minutes from the 2/11/88 meeting
of the Council on Aging.
by Board of Supervisors
5) Complaint received/ from Mr. Parise regarding
Sheriff ' s Department.
Mayor Tryon stated that this matter should be referred to the City
Manager.
b) Councilmembers
1) van Tamelen: City Council - City Manager
Leadership Team Workshop
May 19-21, 1988
4110 This item was continued to the next meeting.
J. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 11: 30 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
-11- 3/2/88