HomeMy WebLinkAbout10/19/1988 `Mr
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, October 19 , 1988
cc: Reel 195 , Tr. II , Side I , 800-end, Tr. II, Side II , 001-end,
Reel 196 , Tr. I , Side I , 001-265
Mayor Johnson 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 Johnson and Councilmembers Casey, Siegel , Tryon
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: Mary Stutz
B. CONSENT CALENDAR:
Items Removed: B.1 - 10/5/88 , B.3 .e) and B.3 .g) (Tryon) ; B.5 .b)
(Siegel) and B.3.d) (Casey)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: September 19 , 1988
2. Approval of Warrants: $31, 782 . 90
3 . Resolutions for Adoption:
a) Resolution #108 approving final parcel map and approving
and authorizing execution of subdivision agreement for
Lands of Jones and rescinding Resolution No. 88-88
B. CONSENT CALENDAR: (continued) :
b) Resolution #109 approving and authorizing execution of an
improvement security agreement between the Town of Los
Hills and Shelly R. Westall and Margaret R. Westall , as
successor co-trustees of the Jones Family Trust, dated
July 5 , 1972 , and ordering recordation thereof , and
rescinding Resolution #89-88
c) Resolution #110 accepting certain improvements in
connection with Lands of Tod Properties , Tract 8043 ,
South Fork
f) Resolution #111-88 approving and authorizing establishment
of the position of planning/public works secretary and
fixing compensation to be paid
h) Resolution #112-88 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 Californi , and rescinding
Resolution No. 97-88 (Lowell Avenue)
4. Time Extension: Lands of Zappettini, File TM #4-85, Altamont Road
5. Actions of the Planning Commission: approved the following:
a) LANDS OF WANG, FILE VAR #18-88, 27101 Horseshoe Lane,
request for approval of variance and site development
permit for an addition to existing residence
Items Removed:
1. Approval of Minutes: October 5, 1988
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and
passed unanimously to approve the following amendments to the 10/5/88
minutes : page 4 , Item F. 1 , second paragraph, second sentence - the
word 'homes ' should be changed to 'berms and fences ' ; page 7, Item F,
fifth paragraph, second sentence should read: . .at such time as
the easement connects to a pathway easement in the Dawson subdivision;
page 7, Item F , tenth paragraph, amended to read: ' . . . turns from
Stonebrook onto El Monte; and page 9 , Item F , second paragraph,
amended to read: ' . . .follows: ' Homes on lots #17 and #26. . . .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to continue approval of the 10/5/88 minutes for
preparation by the City Clerk of a verbatim transcript of the comments
made by Bobbie Dolton at. the 9/7/88 City Council Meeting.
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B. CONSENT CALENDAR: (continued) :
V 2 . Resolution # authorizing and designating officers of the Town of
of Los Altos Hills to sign and endorse checks , warrants and other
instruments
Casey requested that the resolution before Council be amended to
include the stipulation that any checks not signed by Councilmembers
be returned to the Council in the form of a separate list for accurate
accounting purposes .
PASSED BY CONSENSUS: To withdraw consideration of this item at this
time.
3 . Resolution # approving and authorizing execution of a third
addendum to amended lease between the Town of Los Altos Hllls and
Hills Little League, Inc.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed by the following roll call vote to affirm the policy that the
City Council is the authorizing body for the use of Council Chambers .
AYES: Mayor Johnson and Councilmembers Casey and Tryon
NOES: None
ABSTAIN: Councilmembers Siegel and van Tamelen
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
1111/ passed unanimously to adopt Resolution #113-88 approving and
authorizing execution of third addendum to amended lease between the
Town of Los Altos Hills and Hills Little League, Inc.
4. Resolution # approving application for 1980 State Grant Monies
Tryon asked for clarification of the proposed use of these funds (work
within the Town' s property of Westwind Barn and the Byrne Park
Preserve) and suggested that the Pathways , Recreation and Parks
Committee be contacted for their input on suggestions for the uses of
such funds .
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and
passed unanimously to adopt Resolution #114-88 approving the
application for 1980 State Grant Monies.
PASSED BY CONSENSUS: To request comments and suggestions on proposed
projects from the Pathways , Recreation and Parks Committee.
5. LANDS OF AYMERICH, FILE VAR #19-88, 27801 Edgerton Road, request
for variance for patio addition
_3_ 10/19/88
` B. CONSENT CALENDAR: (continued) :
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MOTION SECONDED AND CARRIED: To remove this item from the Consent
Calendar as this decision of the Planning Commission had been
appealed, in part, by the applicant and would be considered by the
City Council at a public hearing.
C. PRESENTATIONS FROM THE FLOOR:
D. REPORT FROM THE PLANNING COMMISSION:
Commissioner Stutz reported that the following items were discussed at
the 10/ 12/88 Planning Commission Meeting: 1) Lands of Gaither, File TM
#7-88 - continued; 2) Lands of Wang, File VAR #18-88 and Lands of
Aymerich, File VAR #19-88 - approved; 3) Lands of Santy , File PM #8-88
- continued; 4) Lands of Viso, File VAR #20-88 and Lands of Bellucci,
File TM #1-86 - denied; and 5) Site Development Committee review of
Lands of McCulloch.
Commissioner Kaufman commented on the letter sent by staff concerning
the Commission' s comments on the proposed development for a County lot
on Moody Road and Tryon reminded Kaufman that Council should receive
copies of all letters sent by representatives of the Town. Kaufman
also commented on the Bellucci application and stated that there was a
real need to formalize procedures at the staff level to avoid similar
kklY confusion with future applications.
E. PUBLIC HEARINGS:
1. LANDS OF RIDGEVIEW ESTATES, FILE TM #6-88, 24810 Prospect Road,
request for approval of tentative map and negative declaration for
four lot subdivision - Resolution approving tentative map
Council had before them the Planning Director ' s report dated 9/29/88
which included the recommended conditions of approval for the
tentative map and the Director of Public Works ' report dated 10/14/88
which included additional recommended conditions . This report noted
that staff recommended that all lots be required to connect to
sanitary sewer at such time as sanitary sewers are constructed either
within the property known as Lands of McCulloch or within Stonebrook
Drive up to the location described in the improvement condition. The
report further stated that the applicant shall constructa sanitary
sewer line within the road rights of way of Emerald Hill Court,
Prospect Avenue and Stonebrook Drive to the southwest corner of Tract
1724 .
Council also had before them a letter dated 10/ 12/88 from Nowack and
Associates concerning this subdivision. Mr. Nowack states the reasons
why they find the requirement to install sewers as a condition of
approval of this subdivision totally unacceptable.
-4- 10/19/88
1141,1 E. PUBLIC HEARINGS: (continued( :
Mr. Ken Pastrof, representing the applicant, reinforced the comments
made in Mr. Nowack' s letter. He noted that they were not against
sewers but felt that they were being required to provide a
disproportional share of the improvements. Both cost and scheduling
were serious factors to be considered in their opinion.
Council discussed the project before them and also the proposed Lands
of McCulloch specifically with regard to the conditions regarding
sewers. It was suggested that the developers of both of these projects
might meet and arrive at a mutually agreeable solution to the sewer
issue.
Mrs. Betsy Bertram, 11854 Page Mill Road, stated that she would
greatly resent it if someone told her she had to hook up to sewers as
they were on a leach field and she thought it unreasonable to request
an applicant to put in both lines .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to continue consideration of this item to the next
Council Meeting, with the applicant ' s concurrence, to allow an
opportunity for the parties of the properties involved to meet to
discuss the sewer issue.
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2 . LANDS OF VARSANYI , FILE TM #4-88, 12631 Mira Loma Way, request for
approval of tentative map with conditional exception and negative
declaration for a two-lot subdivision - Resolution approving tenta-
tive map
Council had before them the Planning Director ' s staff report dated
10/ 11/88 which included the following recommendation: 'The Planning
Commission recommended denial of the requested tentative map. The
Commission determined that, if the required 60-foot right-of-way for
Mira Loma were to be dedicated, the proposed lots would not meet the
standards of the Town for lot size and slope.
Council discussed the issue of right-of-ways. Siegel stated that he
believed the minimum should be 40 ' . Casey stated that she believed it
was unfair to burden this subdivision with what might happen in the
future and van Tamelen stated that she thought this was a step toward
changing the Town ' s zoning and could be precedent setting. The 60 '
right-of-way was in place not for use but to provide for an open
corridor and to keep the rural nature of the Town. If Council decided
the ordinance should be changed, they should do so but they should not
govern by exception.
-5- 10/19/88
bar E. PUBLIC HEARINGS: (continued) :
Melvin Hill , applicant' s representative, presented a petition signed
by several residents stating they had no objection to the proposed
subdivision and also presented a letter from Mr. and Mrs . Pickett,
Bella Ladera Drive, who also expressed no objection. Mr . Hill also
questioned the inequality of asking 60 ' right-of-ways from his client
when the neighbors were required to dedicate only 25 ' or 40 ' .
Mrs. Carol Gottlieb, 24290 Summerhill and Dr. Philip Dauber, 27930
Roble Alto, requested Council to uphold the current Town ordinances .
Mr . and Mrs. Reiserer, 24561 Summerhill Court, expressed concern about
the possibility of extremely large homes being approved and also
commented on the denial of the application by the Planning Commission.
Mr. Larry Schefert, real estate agent, noted that he sold this
property to the Varsanyis in 1986 . In 1987 there was a fire and since
that time the property had been unsightly and had posed a drainage
problem.
Mr. Frank Lewis, Santa Clara, represented Walter Strate who in 1986
had filed a preliminary map on this property. Mr. Lewis expressed his
support of this subdivision. He stated that they had withdrawn their
application in 1986 because the staff would not support it. He
believed that 45 ' right-of-way was more than adequate.
Mr. David Grelow, 12585 Mira Loma Way, expressed his support of the
subdivision. He recommended a 22 ' right-of-way and correction of the
drainage issue. In his opinion, the 60 ' right-of-way made no sense.
MOTION SECONDED AND WITHDRAWN: Moved by Casey, seconded by Siegel and
withdrawn to require a 40 ' road right-of-way and to grant a
conditional exception for the road right-of-way and the building site
circle.
van Tamelen stated that the ordinances were in place and should be
met. They should not be changed on a one-on-one basis . Tryon
reiterated that she was not in support of 60 ' road right-of-ways . It
was a setback issue and the Town should not take the land. Johnson
stated that although the ordinances were in place, common sense should
also be used. The 60 ' rule needed discussion and review of the
consequences of changing it. Casey suggested continuing consideration
of this project for a decision made regarding road right-of-ways .
PASSED BY CONSENSUS: To continue the tentative map public hearing for
Lands of Varsanyi to the December 7, 1988 City Council Meeting (with
Mr. Hill ' s concurrence) to allow the staff and applicant an
opportunity to clearly establish the legality of the two lots and the
siting of the building circles.
-6- 10/19/88
E. PUBLIC HEARINGS: (continued) :
3 . LANDS OF BENNETT, SELLS AND VALDEZ , FILE TM #2-88, 12100 Hilltop
Drive , request for approval of tentative map and negative
declaration for a three-lot subdivision - Resolution approving
tentative map
Council had before them the Planning Director' s staff report dated
10/11/88 which included the following recommendation: ' The Planning
Commission recommended denial of the requested tentative map. The
Commission determined that, if the required 60 ' right-of-way for
Hilltop Drive were to be dedicated, the proposed lots would not meet
the standards of the Town for lot size and slope.
The staff report further states that when the application was
originally received the subject land was 2 .96 acres and the proposal
was for a two-lot subdivision. The applicant was advised that there
was not enough land to subdivide per the requirements of the Town' s
subdivision ordinance. A neighbor, Mr. Wang, joined the applicant in
the subdivision proposal which now consists of 3 .73 acres and is
proposed to be subdivided into three lots. The lots would be 1 . 21,
1. 38 and 1 .04 net acres in size.
kir Mr. Marc Kaufman, Planning Commissioner, explained the original
application for two-lots and now the new proposal for a three-lot
subdivision. He emphasized that the numbers for the size of the acres
were very close to minimum requirements .
Mr . Ron Bennett, applicant, explained why he believed the proposed
three-lot subdivision was in accordance with the Town' s ordinances . He
also noted that it was very difficult to see around Hilltop Drive and
he believed that their proposal for a pathway in that area would
be a benefit to the Town. The drainage issue would also be addressed
in a positive manner.
Mrs . Carol Gottlieb, 24290 Summerhill , stated that one-fourth of her
property was easements and if Mr. Bennett were given an exception she
should get some of her land back also.
Mr. Paul Offeldt, 12611 Hilltop Drive, commented that he had been told
that the property was definitely not subdividable when he was
considering purchasing it and that reducing the right-of-way
regulations could change the entire Town. He did not believe that it
was a hardship for Mr. Bennett in that he had had every opportunity to
find out what development would be allowed on the property. Mr.
Yazdy, 12125 Hilltop Drive, concurred with Mr. Offeldt' s comments .
Casey commented that it was a case of fairness and equality. She had
been to Hilltop and believed that a pathway would be of benefit to the
Town.
-7- 10/19/88
E. PUBLIC HEARINGS : (continued) :
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
withdrawn to uphold the Planning Commission decision and deny the
tentative map for Lands of Bennett, Sells & Valdez .
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
passed by the following roll vote to continue the public hearing on
the tentative map for Lands of Bennett, Sells & Valdez , with the
concurrence of Mr. Bennett, to the December 7 , 1988 City Council
Meeting.
AYES: Mayor Johnson and Councilmembers Casey, Siegel and Tryon
NOES: Councilmember van Tamelen
van Tamelen stated that she believed the proposed subdivision should
be denied.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed unanimously to go past the 11: 30 p.m. hour of adjournment.
F. OLD BUSINESS:
1. Letter from Jack Horton regarding requirement for a pathway
easement at the northern property line at 26030 Altamont Road
1111110 The City Attorney referred to the staff reports dated 10/5/88,
10/12/88 and 10/14/88 which he had prepared for the Council on this
subject. The 10/5/88 report included an update on court decisions
since First Church and Nollan. The City Attorney' s 10/14/88 report
included the following statement:
' It does not appear that the condition would meet the test laid down
later in the case of Nollan vs . Cal Coastal Commission. If the
proposed development met all of the land use requirements of the Town
as reported by the former Town Planner, there does not appear to be
any legitimate state interest which would have been substantially
advanced because the pathway easement was required. Likewise, it does
not appear that the proposed pathway condition was necessary to
ameliorate any problem or condition which would have arisen out of
building a single family home on the property. Since it also appears
from the administrative staff memorandum that the easement, even if
granted, would not have accomplished the stated purpose, namely to
allow pedestrians and horsemen to avoid the quarry, also casts further
doubt on the validity of the condition. '
Itior -8- 10/19/88
her F. OLD BUSINESS: (continued) :
Siegel presented a brief background on the Horton property and the
hearing in 1982 before the Planning Commission. He noted that the path
is now complete from Altamont to Moody with the exception of a very
small area now under discussion. Bob Stutz , 25310 Elena, noted that
this pathway is a necessary link in the pathway system and was a
requirement imposed on the Hortons at the time of the development of
their property. Dot Schreiner, Pathways Recreation and Parks
Committee, stated that this path is shown on the Master Path Plan.
The following addressed the Council in support of the Town' s pathway
system and in support of the completion of the requirement that. the
Horton' s dedicate the pathway easement on their property: Judy Carico,
25311 O' Keefe Lane; Joan Ciesla, Mountain View; Betsy Bertram, 11854
Page Mill Road; Doni Hubbard, 25228 La Loma Drive; Joseph Dochnahl ,
27980 Central ; Marc Kaufman, Chairman of the Planning Commission;
Nancy Fast, Los Altos; Philip Dauber, Pathways Recreation and Parks
Committee; Artemas Ginzton, 28014 Natoma; Mary Belden, 27840 Via
Feliz; and Jitze Couperus , 13680 Page Mill Road.
Casey commented that this was also a privacy issue in that the path
was located so close to the Horton ' s pool . The City Attorney also
noted that the stated purpose of the pathway was to get around the
quarry and this purpose needed to be clearly defined.
MOTION SECONDED AND CARRIED: To continue consideration of this request
from the Horton' s concerning the requirement for a pathway easement
and to request the staff to prepare a report on the precise location
of the path around the quarry and to provide a map showing this
contiguous path.
2 . Request for relief of site development conditions , Lands of Han,
24184 Hillview Road
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
passed unanimously to continue the request for relief of the site
development condition requiring dedication of 5 ' of road right-of-way
on Hillview Road to the December 7 , 1988 City Council Meeting.
3 . Request for conditional exception, Lands of Elmberg, File TM #12-84
Taaffe Road
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and
passed unanimously to refer the request for a conditional exception
for the Lands of Elmberg to the Planning Commission for a
recommendation.
L
-9- 10/19/88
` F. OLD BUSINESS: (continued) :
111,
4 . Request for no parking on Magdalena Road West of 280
This item was continued to the next Council Meeting.
5. Resolution # consenting to the sale and transfer of a non-
exclusive cable television franchise from Sun Country Cable, Inc.
to Sun Country Cable Holdings , L.P. and authorizing execution of an
assumption agreement in connection therewith
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to adopt Resolution #115-88 consenting to the sale
and transfer of a non-exclusive cable television franchise from Sun
Country Cable, Inc. to Sun Country Cable Holdings , L.P. and
authorizing execution of an assumption agreement in connection
therewith.
6 . Request for proposals for the preparation of a General Plan Update
and EIR
This item was continued to the next City Council Meeting.
7. Recommendation to adopt Santa Clara County Guidelines for On-Site
Sewage Disposal Requirements - Resolution approving the adopted
policy of the Santa Clara County Department of Environmental Health
War concerning on-site sewage disposal requirements applicable to
building construction, as modified
This item was continued to the next City Council Meeting.
8. Ordinance # further amending Chapter 1 entitled ' Zoning' of
Title 10 of the Los Altos Hills Municipal Code by amending
Section 10-1. 218 defining a secondary dwelling (SECOND READING)
This item was continued to the next City Council Meeting.
9 . Resolution # approving and authorizing execution of agreement
between the Town of Los Altos Hills and Nancy Alexander
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed unanimously to adopt Resolution #116-88 approving and
authorizing execution of agreement between the Town of Los Altos Hills
and Nancy Alexander.
G. NEW BUSINESS:
1. Request from Environmental Design and Protection Committee and
Pathways Recreation and Parks Committee requesting reinstatement
of policy whereby they received copies of maps for site inspections
Sir This item was continued to the next City Council Meeting.
-10- 10/19/88
G. NEW BUSINESS: (continued) :
2 . Planning Commission' s Rules of Order
This item was continued to the next City Council Meeting.
H. OTHER REPORTS:
1. Reports from Standing Committees:
2. Reports from Ad Hoc Committees:
a) Matadero Creek
It was agreed that all owners of lots in the Matadero Creek
Subdivision would receive a copy of the 9/29/88 staff report prepared
by the Planning Director and that this item would be continued to the
next City Council Meeting.
I . STAFF REPORTS :
1. City Manager:
a) Request from Purissima Hills Water District to adopt
revisions in the Town ' s landscape regulations
11111, This item was continued to the next City Council Meeting.
b) Report on road right-of-way
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to establish an ad hoc committee to study and make
a recommendation on the road right-of-way regulations .
PASSED BY CONSENSUS: To appoint Toni Casey, Lee Patmore, Bill Siegel
and Mary Stutz to the ad hoc committee on road right-of-way
regulations .
c) Report on the proposal received from the Waldorf School
of the Peninsula regarding the Ford Country Day School
This item was continued to the next City Council Meeting.
d) Request for formation of ad hoc committee to address
Planning Commissioners ' concerns over processing of
planning applications
PASSED BY CONSENSUS: To appoint Bob Johnson, Toni Casey, Marc Kaufman
and Edward Emling to an ad hoc committee to address the Planning
Commissioners ' concerns over processing of planning applications .
Nair
-11- 10/19/88
I . STAFF REPORTS: (continued) :
2 . City Attorney:
3. City Clerk: Report on Council Correspondence dated 10/14/88
4. Council Business:
a) Setting date for Joint Meeting with the City Council and
the Planning Commission
PASSED BY CONSENSUS: To schedule the Joint Meeting for 5 :00 p.m. on
Monday, November 28 , 1988 .
I . EXECUTIVE SESSION: LITIGATION: Pursuant to Government Code
Section 54956 . 9 (a)
This executive session was not held.
J. ADJOURNMENT:
Mayor Johnson noted with sadness that Irma Goldsmith, longtime
resident of the Town and President of the Historicl Society, had
passed away. A memorial service was scheduled for Monday, October 24,
111/ 1988 in the Council Chambers .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to authorize the use of the Council Chambers for
Mrs . Goldsmith' s memorial service.
There being no further new or old business to discuss , the City
Council adjourned at 12 : 45 a.m. in memory of Irma Goldsmith.
Respectfully submitted,
Patricia Dowd, City Clerk
-12- 10/19/88