HomeMy WebLinkAbout09/21/1988 1..
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, September 21, 1988
cc: Reel 195 , Tr. I , Side I , 001-end, Tr. I , Side II , 001-028
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 and City
` Clerk Pat Dowd
Planning
Comm: Clyde Noel
Press : Carolyn Zinko, Los Altos Town Crier
B. CONSENT CALENDAR:
PASSED BY CONSENSUS: To add Item F. 3 .a) ,b) ,c) and d) to the Consent
Calendar.
Item Removed: Item 3 (Casey)
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to approve the balance of the Consent Calendar,
specifically:
1. Approval of Warrants: $35 , 265 . 64
2 . Resolutions for Adoption:
a) Resolution #96-88 approving and authorizing execution of
private road maintenance agreement between the Town of Los
Altos Hills and Takayoshi Oshima and Haydee Oshima ordering
recordation thereof
B. CONSENT CALENDAR: (continued) :
b) Resolution #97-88 declaring the intention of said Town to
vacate and abandon a portion of a certain street easement
under the provisions of the ' Public Streets, Highways and
Service Easements Vacation Law' , Section 8300, et seq. , of
the Streets and Highways Code of California (Lowell Lane)
c) Resolution #98-88 setting the time and place of hearing on
proposed changes and amendments to the text of Chapter 1 of
Title 10 of the Los Altos Hills Municipal Code entitled
' Zoning Law of the Town of Los Altos Hills ' and concerning
adoption of a proposed negative declaration
d) Resolution #99-88 determing assessments remaining unpaid -
Sewer Assessment District #11
e) Resolution #100-88 approving agreement with Bank of America
National Trust and Savings Association - Sewer Assessment
District #11
f) Resolution #101-88 authorizing issuance of bonds - Sewer
Assessment District #11
(3) Resolution #102-88 ordering sale of bonds - Sewer
Assessment District #11
4. Actions of the Planning Commission: approved the following:
a) LANDS OF MACKENZIE, FILE VAR #4-88, CDP #3-88 , Lot #30,
Olive Tree Lane, request for variance, conditional devel-
opment permit and site development permit for construction
of new residence
b) LANDS OF THE POOR CLARES OF LOS ALTOS, FILE CUP #5-88,
28210 Natoma Road, request for conditional use permit and
site development permit for construction of accessory
building
Item Removed:
3 . Request by Tod Properties for partial release of improvement bond,
Tract 8043 , Middle Fork Lane
Casey asked for clarification of the Director of Public Works ' staff
report which stated $8 , 300 would be retained for landscaping. She
inquired whether the Town should keep that large of an amount for this
purpose. The Director of Public Works explained his report and noted
that this amount was for several lots and was an appropriate amount of
funds to require.
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B. CONSENT CALENDAR: (continued) :
thir
Ken Pastrof, Tod Properties, stated that they were in agreement with
the staff recommendation.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously to authorize the reduction in subdivision
improvement bond for Tract 8043 from $225,000 to $56, 500 .
C. PRESENTATIONS FROM THE FLOOR:
Richard Jones , Planning Commissioner, stated that the annual review of
the conditional use permit for Pinewood School had been discussed at
their last Planning Commission Meeting and although approved by the
Commission, he had serious concerns about condition #8 regarding
public access. He requested that Council schedule a public hearing on
this conditional use permit for their November 2 , 1988 meeting.
Victor Riches, Corporate President of Pinewood School , commented that
the Commission had fully discussed this matter at their last meeting
and had approved their annual review. He suggested Mr. Jones review
their files for a complete understanding of the access issue. Mr.
Riches further noted that their school was private property and they
paid substantial fees to keep it private. They were not interested in
having a public park for a variety of reasons including noise and
litter.
Mrs . Victor Riches , Pinewood School , stated they had been in Town for
15 years , had maintained a good school and appreciated the cooperation
they had received over the years from the Council . She reiterated her
husband' s comments regarding the private vs. public access issue.
The City Manager noted that Mr. Jones had made a verbal appeal of the
Planning Commission' s decision regarding Lands of Pinewood School and
the Council could decide when to schedule the public hearing on the
appeal .
PASSED BY CONSENSUS: As both Mr. Jones and Mr. and Mrs. Riches
concurred on the November 2nd date, the City Council scheduled a
public hearing on the appeal regarding Pinewood School for the
November 2 , 1988 City Council Meeting.
D. REPORT FROM THE PLANNING COMMISSION:
Commissoner Noel reported that the following public hearings were held
at the 9/14/88 Planning Commission Meeting: 1) Lands of Pinewood
Private School , File CUP #8014-76 - approved; 2) Lands of Westwind
Farms, File CUP #8022-77 - approved; 3) Lands of MacKenzie, File VAR
#4-88 and CDP #3-88 - approved; 4) Lands of the Poor Clares of Los
Altos, File CUP #5-88 - approved; 5) Lands of Varsanyi, File TM #4-88
- continued to next meeting; 6) Lands of Ridgeview Estates , File TM
#6-88 - approved; and 7) Zoning Ordinance amendment revising the
definition of secondary dwelling unit -approved.
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E. PUBLIC HEARINGS:
41 1. Ordinance # amending code regarding Section 10-1 .502
(development area) and Section 10-1 .503 (floor area) (FIRST
READING) (continued from last meeting)
Council discussed the proposed ordinance before them concerning
development area and floor area. It was agreed that there should be a
broader approach to reaching the desired goals and that this was
really a short term solution.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to not approve the proposed amendments to the
zoning ordinance regarding development area and floor area.
2 . LANDS OF MCCULLOCH, FILE TM #4-87, Stonebrook and Prospect, request
for tentative map and negative declaration approval for a thirty-
five lot subdivision - Resolution # approving tentative map for
Lands of McCulloch
The Mayor noted that because of the complexity of this subdivision and
the new information which had just been received, if Council
concurred, the public hearing would be held at this meeting and the
matter would be continued to the next City Council Meeting unless
Council decided to hold a special meeting on the issue.
The Director of Public Works gave an overview of the 9/16/88 Planning
Director' s staff report (on file at Town Hall ) .
Robert Saxe, applicant' s attorney, presented a brief overview of the
property and noted that with the exception of a couple of issues the
applicant was in agreement with the conditions as recommended by the
Planning Commission. Mr. Saxe did state that they believed the
Environmental Impact Report should be certified. He commented that
regarding noise they felt that mitigation measures could be tailored
for each lot rather than imposing overall rigid methods (i .e. closing
windows) and regarding traffic a report had been prepared by Mr.
Larson and he was available to answer any questions.
Regarding Condition #45, Mr. Saxe suppported not including parcels A
and B in the proposed subdivision. Certificates of compliance had been
issued; therefore, the Town does not need a subdivision map to now
bring them into existence. The owners of the lots did not want to be
included in the subdivision and Mr. Saxe asked for careful review of
this condition.
Mr. Warren Whaley, applicant, addressed the noise issue and referred
to the report dated 9/20/88 prepared by Edward L. Pack Associates.
Mr. Louis H. Larson, Traffic Engineer, referred to his report dated
9/21/88 . He did note that he did not address the traffic issue at
Priscilla and Stonebrook as he did not perceive there to be one there
due to the stop signs.
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j E. PUBLIC HEARINGS (continued) :
Mr. Edward Willi , 24855 Prospect Avenue, commented, that in his
opinion, the EIR was inadequate regarding the traffic issue. The
traffic on El Monte and Stonebrook was quite backed up now and
certainly would be increased with new developments being built.
Mr. Jay Levinson, 11683 Dawson, commented on the emergency access road
between his property and his neighbors . They had been required to
improve this road and now it was used by equestrians , pedestrians ,
etc. To alleviate some of the problems they had incurred, they had
placed a fence on the road. He foresaw some problems with this
proposed subdivision specifically regarding the safety and privacy
issues. It was agreed staff would investigate the placement of this
fence on an emergency access road and that the City Attorney would
respond on whether or not all emergency access roads were paths.
Mrs. Carol Gottlieb, 24290 Summerhill , stated that emergency access
roads are paths and that in Mr. Levinson' s case the paths had
inadvertently been omitted from the final map and put on at a later
time.
Mr. Iry Kaplan, Dawson, noted that he was a neighbor of Mr . Levinson
and at the time nothing was said about paths. The Fire Department
advised them what improvements needed to be made to the road and the
cost was $15 ,000 . He further noted that the Fire Department advised
111)11W them that the fence was permissible as long as it could be cut by the
Fire Department in an emergency.
Ken Pastrof , Tod Properties , asked if the City Attorney could research
the liability of paths and emergency access roads .
Mrs . Mary Stutz , 25310 Elena Road, commented on the neary fines used
for emergency access roads .
Ms. Helen St.Martin, Priscilla Lane, stated that her main concern was
the traffic on Stonebrook and Priscilla.
Mrs. Dot Schreiner, Pathways, Recreation and Parks Committee, noted
that the Council had just received revised comments from the committee
on this subdivision. Mrs. Schreiner commented that the residents in
the area were concerned about retaining the paths and trails in the
area and she further stated that the developer, Mr. Carter, had been
very cooperative regarding the path issue.
Mrs . Judy Carico, 25311 O' Keefe, expressed her concerns about traffic
and urged the Council to consider the traffic impact of both the
McCulloch Subdivision and the Quarry Subdivision.
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E. PUBLIC HEARINGS: (continued)
tor
Council requested clarification of the fire access , the issue of low
profile houses and access to the Town-owned land in the area. In this
regard Council requested a map of the Town owned lands in the area.
Siegel inquired how much it would cost to improve the traffic signal
at El Monte and Stonebrook and also asked what would be involved in
including a path to El Monte so the children could walk to school ,
catch their buses, etc. van Tamelen referred to the 8/25/88 report by
Sam Nash of Wilsey and Ham and asked for an update of the several
points raised in this report, van Tamelen also suggested that an
historical name be looked into for the subdivision. van Tamelen noted
that two of the lots were further subdividable according to the
conceptual plans and the City Attorney was asked to address the issue
of covenants for these lots which would state they could not be
subdivided.
Russ Carter, applicant, referred to one of the key neighborhood
benefits which was a culvert and he noted they would like to do some
grading before the rainy season started. He asked if a special meeting
of the City Council could be scheduled to complete the discussion on
this subdivision; however, he did concur with continuing this matter
to the next regularly scheduled Council Meeting if a special meeting
was not scheduled.
PASSED BY CONSENSUS: To continue the Lands of McCulloch, File TM #4-
87 , to the next regularly scheduled Council Meeting unless a special
meeting was scheduled on the issue prior to that date.
F. OLD BUSINESS:
1. Lands of Handley, 13818 Page Mill Road, results of Site Development
Committee meeting of 9/20/88 and approval of site development
permit
The Director of Public Works reported that on 9/20/88 the Site
Development Committee had approved a site development permit for Lands
of Handley based on certain conditions addressing, in part, the
following: pathway dedication, drainage, siting, Fire Department
conditions, Town Geologist conditions, color and material , road
dedication - Moon Lane, landscape plan and foundation.
Safwat Malek, applicant ' s engineer, commented that the Handleys were
concerned about the road dedication and also noted that the secondary
dwelling under discussion was not 2 , 083 square feet but 1, 300 square
feet plus the carport.
Dr. Philip Dauber, 27930 Roble Alto, on behalf of the Pathways,
Recreation and Parks Committee, requested that the path, as stipulated
by the Site Development conditions, be multi-purpose.
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F. OLD BUSINESS: (continued) :
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to approve the conditional use
permit for Lands of Handley, File CUP #11-88 , based on the following
conditions : 1) The use authorized under this permit shall comply with
all applicable regulations of the Town of Los Altos Hills, and any
other applicable laws; 2) This Conditional Use Permit will be reviewed
by staff every five years to determine whether the use authorized by
this permit continues to conform to the conditions of this permit and
to all applicable regulations of the Town of Los Altos Hills and any
other applicable laws; and 3) This permit may be revoked by the
Planning Commission if at any time it is determined by the Planning
Commission that the use is not in conformance with all applicable
regulations of the Town of Los Altos Hills and any other applicable
laws; 4) The secondary dwelling unit might be removed at time of
subdivision; and 5) The present secondary dwelling shall be inspected
at time of inspections of catheat secondary dwelling and to approve the
site development permit for Lands of Handley as conditioned by the
Site Development Committee on 9/20/88 with the notation that the path
should be a multi-purpose one. *replacement (Awarded by Council 10/5188) .
AYES: Mayor Tryon and Councilmembers Casey, Johnson and Siegel
NOES: Councilmember van Tamelen
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed by the following roll call vote to approve a variance for Lands
of Handley, File VAR #12-88 , for a 1 , 530 square foot secondary
dwelling based on the findings for a variance as stated in the Code,
specifically noting the exceptional size of the lot.
AYES: Mayor Tryon and Councilmembers Casey, Johnson and Siegel
NOES: Councilmember van Tamelen
van Tamelen stated that she was not in support of the whole concept of
the project and believed it was contradictory to the Town' s single
family, one-acre minimum zoning.
2 . Request for Stop Sign, Purissima and Arastradero Road
Council had before them the 9/15/88 report from the Director of Public
Works which included the following information: ' The analysis
performed by the Traffic Engineer finds that stop signs are not
warranted (at Purissima and Arastradero) under accepted traffic
engineering standards. '
Tryon commented that she would be interested in knowing of the
neighborhood support for a stop sign at this intersection. Johnson and
Casey supported a temporary stop sign and van Tamelen inquired whether
Dr. Dauber was in agreement with staff report.
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F. OLD BUSINESS: (continued) :
Dr. Philip Dauber , 27930 Roble Alto, referred to the report prepared
by Wilsey and Ham and pointed out specifically why he was not in
agreement with this report. In his opinion the need for a stop sign
was perfectly clear.
Rosemary Meyerott, 27100 Elena, supported a stop sign at Purissima and
Arastradero.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to instruct the City Manager to install a three way
stop sign at Arastradero and Purissima on a temporary basis for six
months and to notify the neighbors that it is a temporary sign and to
ask for their comments.
3 . Selection of Wulff, hansen & Co. for Sale of Bonds - Sewer
Assessment District #11, and to authorize the sale of said bonds
This item was added to the Consent Calendar.
G. NEW BUSINESS:
1. Request by Mr. Jack Elmberg for temporary relief from tentative map
conditions, Taaffe Road
441111, MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen
and passed unanimously to place a deed restriction on the property
such that any structure which is non-conforming would be required to
conform prior to issuance of any building permit for that lot.
2. Letter from Jack Horton regarding requirement for a pathway
easement at the northern property line at 26030 Altamont Road
Nancy Horton, applicant, referred to previous meetings at which this
pathway had been discussed and noted that the pathway was quite close
to the property line and pool .
Fran Stevenson, former member of the Pathways , Recreation and Parks
Committee, referred to page two of the staff report on this subject
which stated ' the pathway location is not specifically shown on the
Master Path Plan ' . Mrs. Stevenson reported that it was shown on her
copy of the Maste* Path Plan.
PASSED BY CONSENSUS: To direct the City Attorney to determine if the
requirement for a pathway easement was appropriate as a condition of
the site development permit and to agendize this matter for the next
` Council meeting.
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G. NEW BUSINESS : (continued) :
3. Request for demolition permit from Mrs. Velma Frampton, 11480
Magdalena Avenue
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously to direct staff to issue the demolition permit for
11480 Magdalena Avenue subject to a condition precedent that the
property owner enter into an agreement with the Town to place a
commemorative plaque on the property and agree to maintain the plaque
for perpetuity.
H. OTHER BUSINESS:
1. Reports from Standing Committees:
2 . Reports from Ad Hoc Committees :
a) Community Survey
Casey reported that three firms were being interviewed the week of
September 26th regarding a community survey in the Town.
I . STAFF REPORTS:
1. City Manager:
a) Little League Use of Town Hall
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed unanimously to direct the City Attorney to draft an
amendment to the existing contract with the Hills Little League to
allow the Little League to use Town Hall for registration of
participants and Board meetings subject to prior City Manager
approval .
b) Proposal from Waldorf School of the Peninsula
regarding Ford Country Day School ( INFORMATION
ONLY)
The City Manager reported that the Finance Committee would be meeting
on September 27th to discuss this proposal and their findings and
recommendations would be on the next Council agenda.
c) Proposal from Martin Carpenter Associates to
produce a public information pamphlet illustrating
the Town ' s Zoning and Site Development Ordinances
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
passed unanimously to direct the City Attorney to prepare a contract
with Martin Carpenter Associates based on their proposal to produce a
public information pamphlet illustrating the Town ' s Zoning and Site
IIW Development Ordinances .
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I . STAFF REPORTS: (continued) :
itor d) Westwind Barn Land Management Plan
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey
and passed unanimously to appoint a committee consisting of the
Director of Public Works, Bob Johnson and the Chairman of the
Environmental Design and Protection Committee to work with
representatives of the Friends of Westwind Barn to develop a
management plan for the Town-owned lands leased to the Friends of
Westwind.
Noelene Byars, President - Westwind Board of Directors, suggested that
a representative from Westwind also be included on the committee. The
City Manager responded that this was the intent and Council concurred
that the committee would include a representative from Westwind.
2. City Attorney:
3 . City Clerk: Report on Council Correspondence dated 9/16/88
4 . Council Business:
a) Town Newsletter
The City Attorney referred to his memo dated 9/7/88 on mass mailings
which included the following statement: "Proposition 73 adopted at the
June Primary Election provides that 'No newsletter or other mass
mailing shall be sent at public expense. '" Therefore, it would not be
appropriate to send a Town Newsletter. The City Attorney further
commented that he would provide Council with additional information on
this subject as it was made available.
b) Reprinting of Town Booklet
Mayor Tryon stated that she would work with staff on obtaining bids
for this project.
c) Request for authorization to attend League of
California Cities Conference
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed unanimously to authorize attendance at the League by three
Councilmembers.
d) Designation of voting delegate for League of
California Cities Annual Conference
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed unanimously to designate Bob Johnson as the voting delegate and
William Siegel as the alternate.
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I . STAFF REPORTS: (continued) :
e) Los Altos Hills Country Climb - Saturday,
November 5 , 1988 - authorization for Town to pay
entry fee for Council , Commission or staff who
wish to participate
Council discussed the pros and cons of pays for the entry fees or
making a donation directly to Hidden Villa.
PASSED BY CONSENSUS: To make a donaation to Hidden Villa in the
amount of $60 .00.
f) Appointment of alternate to ABAG and representa-
tives for the Flood Control Zone Advisory Committee
PASSED BY CONSENSUS: To appoint Barbara Tryon as the alternate to ABAG
and to reappoint Bill Ekern the representative and William Siegel the
alternate to the Flood Control Zone Advisory Committee.
g) Request from Volunteer Award Committee for
submittal of nominations for volunteer awards at
the November 4 , 1988 luncheon
PASSED BY CONSENSUS: To submit any nominations for volunteer awards to
the City Clerk.
h) Environmental Design and Protection Committee
PASSED BY CONSENSUS : To send the comments from the Environmental
Design and Protection Committee on land acquisition to the Finance
Committee for their review and comment.
i) Department of Conservation -- recycling
Tryon noted that she had received a letter from the Department of
Conservation concerning a new project whereby Californians Against
Waste would work with a community that presently had little or no
recycling activities , to research, coordinate and implement a
recycling planning program. It was agreed the staff would look into
this program.
j ) Los Altos School District
Tryon commented that she had received a letter from the Los Altos
School District asked for nominations to serve on the Board. It was
agreed Council would submit any nominations to the City Clerk.
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fir.
J. REORGANIZATION OF COUNCIL:
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed by the following roll call vote to elect Bob Johnson Mayor.
AYES: Mayor Tryon and Councilmembers Casey, Siegel and van Tamelen
NOES: None
ABSTAIN: Mayor Pro Tem Johnson
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon
and passed unanimously to nominate William Siegel for Mayor Pro Tem.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to nominate Casey for Mayor Pro Tem.
By the following roll call vote, Toni Casey was elected Mayor Pro Tem:
Mayor Tryon Toni Casey
Councilmember Casey Toni Casey
Councilmember Johnson Toni Casey
Councilmember Siegel William Siegel
Councilmember van Tamelen William Siegel
Tryon thanked everyone for their support and congratulated Mayor
3/4111/ Johnson and Mayor Pro Tem Casey on their appointments. Siegel thanked
Barbara for doing an excellent job and Johnson thanked his supporters
and noted that although there were differing opinions on the Council
they all had a high personal regard for each other.
K. ADJOURNMENT:
There being no further new or old business to discuss, the City
Council adjourned at 10: 45 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
thr
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