HomeMy WebLinkAbout09/07/1988 4
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CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, September 7 , 1988
cc: Reel 194, Tr. II , Side I , 001-end, Tr. II , Side II , 001-741
Mayor Tryon 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 Tryon and Councilmembers Casey, Johnson, Siegel
and van Tamelen
Absent: None
Staff: City Manager George Scarborough, City Attorney Frank
Gillio, Director of Public Works Bill Ekern, Planning
Director Sally Lyn Zeff and City Clerk Pat Dowd
Planning
Comm: Marc Kaufman
Press: Carolyn Zinko, Los Altos Town Crier; Don Brignolo, San
Jose Mercury; Mary Fortney, Peninsula Times Tribune
B. CONSENT CALENDAR:
Item Removed: B.1 (Tryon)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to approve the balance of the Consent Calendar,
specifically:
2 . Approval of Warrants : $244, 586 .32 (8/31/88)
$ 61 , 252. 19 (9/7/88)
3. Proclamation: League of Women Voters - Urging Everyone to Vote
4 . Proclamation: Paratransit Month in Santa Clara County --
October, 1988
B. CONSENT CALENDAR: (continued) :
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5. Proclamation: Supporting the proposed California Air and Space
Center at Ames/Mountain View
6. Actions of the Planning Commission: approved the following:
a) LANDS OF ORLAND, FILE VAR #14-88 , 27319 Julietta Lane,
request for a variance and site development permit for an
addition and remodel of an existing house to exceed allowed
maximum floor area, maximum development area and maximum
height
b) LANDS OF WALKER, FILE VAR #16-88 - Conditional Development
Permit #5-88, 13254 E. Sunset Drive, request for a
variance, conditional development and site development
permits for an addition to an existing house exceeding
the maximum development area allowed for the lot, on a lot
with a lot unit factor of 0 . 37
7 . Resolutions for Adoption:
a) Resolution #88-88 approving final parcel map and approving
and authorizing execution of subdivision agreement - Lands
of Jones - Page Mill Road
` b) Resolution #89-88 approving and authorizing execution of an
` improvement security agreement between the Town of Los
Altos Hills and Cary B. Jones, II and Vicki Jones, trustees
of the Jones Family Trust, dated July 5 , 1972, and ordering
recordation thereof
c) Resolution #90-88 awarding a contract to Tejima and Assoc. ,
Inc. for geotechnical observation and soils Testing for
Sewer Assessment District #11
d) Resolution #91-88 awarding contract for inspection
services , Sewer Assessment District #11 , to Wilsey and Ham
e) Resolution #92-88 authorizing the Department of General
Services of the State of California to purchase automobiles
f) Resolution #93-88 approving final map and approving and
authorizing execution of subdivision agreement - Lands of
Oshima - Fremont Road
g) Resolution #94-88 approving first amendment to tri-city
agreement for residential hazardous waste collection
program
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B. CONSENT CALENDAR: (continued) :
5. Certificate of Appreciation: Robert Morgan - for his service on the
Town' s Safety Committee
Item Removed:
1. Approval of Minutes : August 17, 1988
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to approve the minutes of the August 17, 1988 City
Council Meeting with the following correction: page 10 , Item J.6 'had
offered' should be changed to 'might be willing ' .
C. PRESENTATIONS FROM THE FLOOR:
Edward Emling, 11853 Murietta Lane, requested clarification of the
8/17/88 City Manager ' s report and 8/15/88 Planning Director ' s report
on the Lands of Bellucci. Of particular concern to Mr. Emling was the
sewer line connection and status of number of dwellings on the
property.
D. REPORT FROM THE PLANNING COMMISSION:
Commissioner Kaufman reported that on 8/24/88 the Commission held a
public hearing on the Draft Environmental Impact Report for Lands of
Quarry Hills. Commissioner Kaufman noted that 9/14/88 was the deadline
for comments on the draft EIR. On 8/31/88 the Commission approved the
following: 1) Lands of Orland, File VAR #14-88; 2) Lands of Walker,
File VAR #16-88; and 3) Lands of McCulloch, File TM #4-87 .
E. PUBLIC HEARINGS:
1. Protest Hearing for the San Antonio Hills Annexation
The City Manager referred to his staff report dated 9/7/88 which
included the recommendation that the public hearing be opened, the
protests accepted, and the hearing continued to the 10/5/88 City
Council Meeting.
Mayor Tyron reminded those present that the Town was the conducting
authority - not the approving body of this annexation. The Mayor
introduced the City Manager who summarized the resolution of the Local
Agency Formation Commission in making its determinations concerning
the proposed annexation. The City Attorney then explained what
constituted a complete protest and the City Clerk reported that as of
the beginning of the hearing approximately 440 written protests had
been filed. The Town' s records showed that the area under discussion
had 592 registered voters .
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E. PUBLIC HEARINGS: (continued) :
The following protested the proposed annexation of the San Antonio
Hills (west) area: Mr. Dave Beronio, 1750 Mora; Mr. Feeney, 11030
Mora; Grace Wilson, 11366 Winding Way (also asked for clarification of
registered voters lists - several deceased persons still on list) ;
John Ehrman, 11724 Winding Way, (also inquired as to what would happen
if they wanted to remodel their homes under Town regulations) ; Bill
Powell , 12020 El Monte - owner of property in area under discussion,
(suggested that the annexation would result in unbuildable lots, would
basically be breaking the Town' s zoning and he suggested annexing only
those lots that were one acre) ; Mr. and Mrs. Marshall Hunkapiller,
11001 Mora; Stanley Peterson, 23130 Mora Glen; Betsy Bertram, 11854
Page Mill Road; Karen Martin, 11091 Mora Drive; Russ McRae, 23815
Putter Way; Ed Jakle, 11634 Winding Way; Elaine Boden, 11055 Mora
Drive and Linda Brown, 10811 W. Loyola.
Merel Glaubiger, 23190 Ravensbury Avenue, asked for clarification of
the permit structure for both the Town and the County. Evelyn Miller,
23681 Ravensbury, asked what the next step was after verification of
signatures. The City Attorney responded that the City Council would
adopt a resolution stating the findings. Victor Stevens, 10415
Berkshire Drive; Marshall Gregory, attorney and Anne Reeves , 23180
Mora, specifically commented on the confusion of the issue and
supported the extension.
Elaine Boden, 11055 Mora Drive, asked when the election would take
place if the issue did go to an election? The City Attorney responded
that the election would be held on March 7 , 1989 and if the voters at
that time voted for annexation it would be effective one week following
the election. Bud Crystal , 10755 Mora Drive, asked if they were not
annexed to Los Altos Hills, would they be annexed to another city and
Judith Williams asked if it was true if they did not annex to the Town
they would not be able to get cable tv. Mr. Ginzman, 11535 Hillpark
Way, asked for clarification of the Town' s sphere of influence.
Mr. Edward Seaman, 11519 Arroyo Oaks, stated that he supported the
annexation issue and thanked Council for the proper way in which the
entire procedure has been conducted. He requested that the signatures
be verified and that the matter go to a vote of the people.
Mrs. Edward Seaman, 11519 Arroyo Oaks, noted that this effort to annex
had the support of many people and she thanked the Council for their
patience and attention regarding this matter.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to continue the public hearing on the proposed San
Antonio Hills (west) annexation to the November 2 , 1988 City Council
Meeting to allow sufficient time for information to be obtained and
discussed on the issue.
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E. PUBLIC HEARINGS: (continued) :
2 . LANDS OF HANDLEY, FILE CUP #11-88 and VAR #12-88 , appeal of the
Planning Commission' s denial of a conditional use permit and
variance for secondary dwelling
Council had before them the 9/2/88 staff report prepared by the
Planning Director which included the background information on the
Handleys ' application to the Planning Commission and subsequent denial
of their requests.
Mr. Handley, applicant, presented a brief background of the history of
his property and stated that he had about ten acres and had no
intention of subdividing. He was simply attempting to provide more
room for his caretaker who had been with their family for a long time
and who was expecting a child and therefore needed more room.
Nellie Brown, caretaker, commented that this issue had been going on
for a long time and she urged the Council ' s approval of the project.
Mr . Philip Dauber, member - Pathways, Recreation and Parks Committee,
commented on the easement for a pathway on Moon Lane and Mr. Handley
noted there was no problem with the pathway in that location.
Marc Kaufman, Planning Commissioner, stated that they had denied the
project because there were three dwellings on the property and it was
highly visible. He did suggest that the Commission would like to
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the plans .
Siegel commented that there would be two houses on a lot without going
through the subdivision process and van Tamelen also commented that
the houses were not architecturally compatible. Council also commented
however on exceptions made for residents with very large lots and with
stipulations that secondary dwellings be removed should a subdivision
of such lots take place.
MOTION SECONDED AND CONTINUED: Moved by Casey, seconded by Johnson and
continued to the next Council meeting to approve the conditional use
permit and variance for Lands of Handley with the recommended
conditions of approval and the following three conditions : 1) pathway
on Moon Lane; 2) the secondary dwelling unit might be removed at time
of subdivision; and 3) the present secondary dwelling shall be
inspected at time of inspectionV of cihec secondary dwellingq. (AMENDED BY
replace ent COUNCIL 10/5/88)
PASSED BY CONSENSUS : To schedule a site development committee meeting
for Lands of Handley for 9/20/88 and to report back on this meeting at
the 9/21/88 Council meeting.
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E. PUBLIC HEARINGS: (continued) :
3. LANDS OF NORTHWOODS PROPERTIES, INC. , 13416 Middle Fork Lane,
appeal of Planning Commission' s denial of a site development
permit for a new residence and pool
Council had before them the Director of Public Works staff report
dated 8/29/88 which included the recommendation that the Council
uphold the Planning Commission' s decision to require the applicant to
redesign the project in accordance with the comments of the
Commission. The report also states that if the Council believes the
newly submitted project is acceptable from a Site Development
perspective, then a site development permit should be granted with the
staff recommended conditions of approval included in the report.
Ken Pastrof, agent for Northwoods Properties, referred to the model ,
renderings and landscape plan for the project and explained what
changes they had made to the project. He noted that the height was 26 '
which was one foot below the height allowed; the garage had been
reduced from four to three cars; there was a surplus of 348 square
feet of maximum floor area; there was a surplus of 2 ,165 square feet
of maximum development area and the proposed landscape plan would
mitigate the visual impact of the house. In response to an inquiry
from van Tame len that it was her understanding that the developers had
agreed to work with the neighbors at site development to see that the
house would fit in and that the house would be one story, Mr. Pastrof
responded that they had agreed to work with the neighbors but not to
the extent of giving up property rights. Their project was less than
what was allowed by the Town' s ordinances. Concerning the issue of one
story, Mr. Pastrof noted that at the 4/1/87 Council meeting, the
Council had deleted condition 6 .F which, in part, would have
restricted the lots to one story homes . He also noted that the zoning
overlay issue had been dropped by the Planning Commission. Mr. Pastrof
reiterated that the project fell well within the requirements of the
Town' s ordinances and he submitted a petition signed by several of the
neighbors who did not object to the project.
Paul Reneau, 13149 Byrd Lane, reiterated some of the background of the
subdivision and explained the impact on his property. The General Plan
called for a low density area and he did not believe the Town should
underwrite the profit of developers . He reminded the Council of the
campaign issue of maintaining the rural nature of the Town and urged
Council to respect the wishes of their neighborhood. This proposed
project for such a large home just did not fit in with the homes
already there.
Andrew Biber, Byrd Lane, quoted Councilmember Casey' s campaign
statement regarding the rural nature of the Town and commented that
the reaction of the neighbors stated in the submitted petition by Mr.
Pastrof was unimportant.
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E. PUBLIC HEARINGS: (continued) :
Jim McVernon 13147 Byrd Lane, stated that he did not believe the
project was appropriate, was delighted the Planning Commission had
denied it and hoped that the Council would do the same.
Gary Campi, Baleri Ranch Road, commented that restrictions could also
go the other way if imposed; a neighborhood of extremely large homes
could rule out smaller ones in their neighborhoods.
Betsy Bertram, 11854 Page Mill Road, commented that she felt there was
a definite trend toward the larger homes and she believed the
situation was getting out of hand. She suggested the Council take a
good look at this issue.
Bobbie Dolton, Northwoods Properties , stated that they had put a lot
of work into this project and had shown the plans to -Las neighbors ,whascne 01
whom expressed good comments about the project.*(PMENDED BY COUMCTL 10/5/88)
Casey stated that she had tried to get a sense of the neighborhoods
affected. She noted that the Town was still rural and still had one
acre minimums but that the nature of the Town should allow for change.
Casey also commented on individualism and independence and the
property rights of individuals . The Town had strict ordinances in
place and this project had met all of these ordinances . The Council
had nothing to do with the amount of money a developer made on a
(11111, project. This particular project was well within the requirements of
the Town and she saw no reason not to approve the project.
Johnson commented on the qualitative and quantitative aspects of the
Town' s ordinances. He noted that he too lived in an area where the
original houses were smaller but there were large homes being built.
In his opinion this project fit in with the majority of the homes in
the area.
MOTION SECONDED AND FAILED: Moved by van Tamelen, seconded by Siegel
and failed by the following roll call vote to uphold the decision of
the Planning Commission to require the applicant (Northwoods
Properties) to require the applicant to redesign 13416 Middle Fork
Lane in accordance with the comments of the Planning Commission.
AYES: Councilmember Siegel and van Tamelen
NOES: Mayor Tryon and Councilmembers Casey and Johnson
Tryon commented that the Town had adopted a zoning ordinance after
giving it careful thought but also chose not to have architectural
control nor zoning overlays . van Tamelen stated that in her opinion
the house did not fit in the neighborhood. If it were strictly a case
of numbers, staff could provide the quantitative reviews. However, the
Planning Commission and City Council also considered the qualitative
merits of a proposed project.
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E. PUBLIC HEARINGS: (continued :
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to approve the
appeal of the Planning Commission' s denial of a site development
permit with the deletion of condition #1 'The southern portion of the
house shall be lowered such that the finish floor elevation is no
higher than elevation 445 ' , as shown on the topographic map. ' and the
deletion of the second sentence of condition #7 'Color is to be matte
earthtone. '
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to grant the appeal of the
Planning Commission ' s denial of a site development permit for 13416
Middle Fork Lane, to accept the plans as submitted to Council and to
delete condition #1 'The southern portion of the house shall be
lowered such that the finish floor elevation is no higher than
elevation 445 ' , as shown on the topographic map. '
AYES: Mayor Tryon and Councilmembers Casey and Johnson
NOES: Councilmembers Siegel and van Tamelen
Commissioner Kaufman stated that the purpose of the site development
ordinance was to see that the proposed project fit in with the land.
If it was Council ' s desire that they abridge the site development
ordinance entirely, he suggested the Council draft an ordinance
repealing the site development ordinance and review projects strictly
by the numbers .
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen
and passed unanimously to go past the 11 : 30 p.m. hour of adjournment.
4. LANDS OF GHAFOURI , Elena Road, appeal of Planning Commission' s
denial of site development permit for a new residence
Council had before them the 8/22/88 report from the Director of Public
Works which included the recommendation that if the Council overturned
the Planning Commission' s denial of a site development permit for
Lands of Ghafouri, the conditions of approval included in the 8/22/88
report be made part of the site development permit.
Mr. Iraj Etessam, applicant ' s architect, explained the new plans to
the City Council and noted that he believed the concerns raised by the
Planning Commission has been addressed. He also stated that they
agreed with the recommended conditions of approval and that his client
realized there was very little development area left on this property.
Mr. A. Richard Jones, 12660 La Cresta, commented that the project
could be brought into conformance with the ordinances without impact
to the exterior design.
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E. PUBLIC HEARINGS: (continued) :
Mr. Ghafouri, applicant, commented on condition #2, #5 , #11 and #12 of
the recommended conditions. In particular he questioned the reference
to ' earthtone ' and was advised this included a range of colors and was
not one specific color that was required.
Mr. John Swanberg, 27741 Elena Road, questioned the ingress/egress and
the safety issue of the project.
Mrs. Mary Stutz, 25310 Elena Road, commented that it was important to
get the path off the road in this area.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to grant the appeal of the Planning Commission' s
decision regarding Lands of Ghafouri and to approve a site development
permit for a new residence based on the plans submitted by the
applicant and subject to the recommended conditions of approval with
the addition of the following condition: 14 . A pathway plan will be
submitted to the satisfaction of the staff and the Pathways,
Recreation and Parks Committee.
5 . Ordinance # amending code regarding Section 10-1. 502 (development
area) and Section 10-1. 503 (floor area) (FIRST READING)
( PASSED BY CONSENSUS: To continue this item to the next Council
`. Meeting.
F. OLD BUSINESS:
1 . Report on Park and Ride at Arastradero and Page Mill
The City Manager referred to his staff report dated 9/1/88 which noted
that Caltrans had stopped work on this project pending a resolution of
the problem with the neighbors and the Town. The report also included
a letter from Mr. Yahata of Caltrans which includes a description of
the basis for the Caltrans decision to expand the park and ride, lists
the commitments made to the neighbors and the Town regarding the
modifications to the original design for the park and ride , and
includes a copy of the needs assessment.
Mr. Chun, Mr. Yahata and Mr. Samuelson of Caltrans reported to Council
on the proposed expansion to the Park and Ride. Mr. Chun explained why
the other locations of park and rides could not be expanded and also
noted that the proposed lighting was needed for safety but would be
modified in the process of upgrading the park and ride. Mr. Samuelson
commented on the outcome of the meeting with the neighbors and how the
numbers were obtained for the increased number of spaces. Mr. Yahata
apologized for the controversy surrounding this issue. The contract
for the park and ride had been suspended until further notice but
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F. OLD BUSINESS: (continued) :
there was an obligation with the Federal Government for a substantial
sum of money. In response to a comment made regarding the park and
ride, he noted that it might be possible to close the area on
weekends. Mr . Yahata stated that they were willing to participate in
downscaling this project.
Jim Cunneen, Senator Becky Morgan ' s Office, presented an overview of
the situation and the meetings with the neighbors. He stated that he
was present as an observer and facilitator.
The following residents addressed the Council with their concerns
about the proposed expansion to the park and ride: Mrs. Mele, 14225
Berry Hill , Mr. and Mrs. Lloyd Yelton, Berry Hill , Mr. Kiremidjian,
14210 Berry Hill , Donald Druyanoff , Gary Campi, Baleri Ranch Road,
Dennis McGinn, 14170 Baleri Ranch Road, Michael Chiu, 14175 Berry
Hill , Dr. Marin, Berry Hill , Kim Harker, Baleri Ranch Road and A.
Richard Jones , 12660 La Cresta. The concerns included safety, invasion
of privacy, lack of notification, no adequate assessment of need to
expand, rights of property owners, criminal element, impact on traffic
and option of restricting the hours during which the park and ride was
open to the public.
`, MOTION SECONDED AND WITHDRAWN: Moved by Siegel , seconded by Johnson
and withdrawn to request the State to terminate the park and ride
project at Arastradero and Page Mill and to restore the grading to its
original condition.
The neighbors present at the meeting discussed possible other options
to terminating the project in its entirety. The option of agreeing to
a certain increase in parking spaces and also requiring fencing,
landscaping, the time restrictions on the park and ride was discussed.
PASSED BY CONSENSUS: To direct the City Manager to send a letter to
Caltrans at the Mayor' s direction after the neighbors had met and
agreed upon what they would like to see happen at the park and ride
and with the understanding that every effort would be made with all of
the parties involved to arrive at a mutally agreeable solution to the
problem.
2. Lands of Ugie, O' Keefe, report from the Santa Clara Valley Water
District
PASSED BY CONSENSUS: To continue this item to the next Council
Meeting.
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` G. NEW BUSINESS:
1. Consideration of an agreement with C.G. Uhlenberg & Co. , for audit
services - Resolution # approving and authorizing execution of
agreement for audit services between the Town of Los Altos Hills
and C.G. Uhlenberg & Company, a partnership
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed unanimously to adopt Resolution #95-88 approving and
authorizing execution of agreement for audit services between the Town
of Los Altos Hills and C.G. Uhlenberg & Company, a partnership
Due to the lateness of the hour, the remainder of the Council agenda
was continued to the next Council Meeting.
H. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 1: 00 a.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A SPECIAL MEETING
Monday, September 19 , 1988
Mayor Tryon called the Special Meeting of the City Council to order at
6: 00 p.m. in the Council Chambers at Town Hall .
A. ROLL CALL:
Mayor Tryon noted that Councilmembers Casey, Johnson, Siegel and
van Tamelen were all present and the following members of the
Purissima Hills Water District Board of Directors were present:
Dan Alexander, Robert Buss and Maurice Johnson. Graham Malone,
engineer for the Water District, was also present.
B. JOINT MEETING WITH THE PURISSIMA HILLS WATER DISTRICT BOARD OF
DIRECTORS TO DISCUSS THE WATER SHORTAGE:
Councilmembers and Board Members discussed the current situation
in the Town regarding the water shortage and what efforts had been
made to address the problem. Mayor Tryon noted that in June of 1988
the Council had adopted a resolution declaring the need of conser-
vation of water and urged all residents to voluntarily undertake a
reduction of water use by at least fifteen percent of the use made
in 1987.
The Board Members explained the water conservation policy and
guidelines for new developments for the City and County of San
Francisco and addressed the differences in calculations as
presented by San Francisco and the Water District. It was pointed
out that the residents had in fact reduced their water use by 19% .
All present pointed out the importance of educating the residents
on the importance of water conservation. The Board Members noted
that the guidelines used in 1977 were still useful and they were
distributing this information to their customers for their refer-
ence. The article ' The Unthirsty 100 ' in the October 1988 issue of
Sunset was referred to and it was agreed that Sunset would be
contacted to see if reprints of this article could be obtained.
B. JOINT MEETING WITH THE PURISSIMA HILLS WATER DISTRICT BOARD OF
DIRECTORS TO DISCUSS THE WATER SHORTAGE: (continued) :
PASSED BY CONSENSUS: To agendize a report from the City Manager on
this issue for further discussion at the 10/5/88 City Council
Meeting and to direct the staff to work with the Board Members on
an appropriate press release concerning the water shortage in the
Town and the attempts to alleviate the situation.
C. ADJOURNMENT:
There being no further new or old business to discuss, the City
Council adjourned at 6: 50 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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