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HomeMy WebLinkAbout11/16/1988 (2) ti CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, November 16 , 1988 cc: Reel 196 , Tr. II , Side I , 001-end, Tr . II , Side II , 001-702 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 y Absent: None kW Staff : City Manager George Scarborough, City Attorney Frank Gillio, Director of Public Works Bill Ekern, Planning Director SallyLyn Zeff and City Clerk Pat Dowd Planning Comm: Edward Emling B. CONSENT CALENDAR: Items Removed: B. 1 (Tryon) , B.5 (van Tamelen) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and passed unanimously to approve the balance of the Consent Calendar , specifically: 2. Approval of Warrants: $345 , 158 .52 3. Monthly Financial Reports (September and October) -- Informational Item 4 . Resolution for Adoption: a) Resolution #120 approving and authorizing execution of sixth addendum to agreement between the Town of Los Altos Hills and Traffic Signal Maintenance, Inc. B. CONSENT CALENDAR: (continued) : Items Removed: 1. Approval of Minutes : October 19 , 1988 and November 2 , 1988 Tryon referred to page three of the 10/19/88 minutes and the resolution regarding the Little League Lease and the use of Council Chambers . For purposes of clarification it was agreed that a statement would be prepared for the next agenda which would reiterate the Council policy that the City Council was the authorizing body for the use of Council Chambers by any group wishing to use the facility for a meeting. The 11/2/88 minutes were amended as follows : page 7 and 8 : the statement that Councilmember Tryon arrived at the City Council Meeting was moved from after Item E.2 to after the discussion on the Lands of Bellucci; page 8 , Item F.2.a) the word ' abuse ' was changed to 'awareness ' . MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey and passed unanimously to approve the minutes of the 10/19/88 Council Meeting and the 11/2/88 Council Meeting as amended. 5 . Actions of the Planning Commission: approved the following: a) LANDS OF HAO, FILE VAR #15-88, 28060 Story Hill Lane, request for approval of variance to exceed allowed maximum development area for addition of patio and maintenance of existing parking and back up space b) LANDS OF GHAFOURI , FILE CUP #15-88 , 27580 Elena Road, request for approval of conditional use permit for a secondary dwelling c) LANDS OF LLOYD, FILE CUP #13-88, 12824 Brendel Drive, request for approval of conditional use permit for a secondary dwelling d) LANDS OF DEGRAF, FILE CUP #14-88 , 12291 Concepcion Road, request for approval of conditional use permit for secondary dwelling van Tamelen stated that she had minor questions on each of these properties which really could have been addressed in a brief staff report on each of these projects . She suggested that such a staff report include not only the vote count but also a brief statement on why the Commissioners voted a certain way and what concerns were addressed . MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey and passed unanimously to concur with the Planning Commission' s approval of Lands of Hao, Lands of Ghafouri , Lands of Lloyd and Lands of DeGraf. -2- 11/16/88 C. PRESENTATIONS FROM THE FLOOR: Mayor Johnson presented George Scarborough with a gift of a picture of the Town Seal from the Council and the residents of Los Altos Hills in appreciation for his contributions to the Town as City Manager. The Mayor noted that Mr. Scarborough had arrived at a turbulent time in the Town' s history and had served the Town well during the past four years. Mrs . Ruth Buneman, 12655 LaCresta, commented on two issues . First, she thanked the Council for publishing the Council ' s agenda in the Town Crier. Second, Mrs . Buneman noted that the Town was behind other cities in their recycling program and she inquired as to what steps the Town was taking to correct this situation. The City Manager responded that the agreement with Browning Ferris Industries included a recycling pick-up or an eighty cents credit towards recycling. John Vidovich, DeAnza Properties , presented a letter to the City Council dated 11/16/88 concerning the Neary Quarry Reclamation Plan which included his responses to the 11/9/88 letter written by the Planning Director to the County' s Department of Planning and Development and his concerns over letters being written by certain Planning Commissioners to the County. (A copy of this letter is on file at Town Hall . ) The City Manager stated that the Environmental Impact Report for Quarry Hills did not address the Reclamation Plan nor the Lake Management Plan. Furthermore, the City Manager noted the Town was not the approving agency for these issues but, of course, had the opportunity to state its concerns to the appropriate agencies . He also stated that Mr. Vidovich had been sent a copy of the Planning Director ' s letter on the same day on which it had been sent. Casey expressed her concerns about Mr. Vidovich not having an opportunity to see the 11/9/88 letter to the County. Regarding the timelines , she noted that it was her understanding that an extension for comments could have been granted if the Town had requested it. She also had concerns about a Planning Commissioner sending a letter as a resident on a certain project, noting that this could result in a conflict of interest situation. Anthony Lagorio, applicant' s attorney, believed that this matter could be discussed with Item G. 3 on the agenda; however, the City Attorney stated that they were two different items and this one would have to be agendized as an urgency item if Council wished to take an action on Mr. Vidovich ' s letter . John Vidovich, DeAnza Properties , commented that he wanted to work cooperatively with the Town and he would like to see his letter agendized so that it could be discussed in a professional manner with staff. -3- 11/16/88 1111, C. PRESENTATIONS FROM THE FLOOR: (continued) : MOTION SECONDED AND FAILED: Moved by Tryon, seconded by Casey and failed by the following roll call vote to place Mr. Vidovich' s letter on the agenda as an urgency item and to send his letter to the appropriate County agency asking that they place it on file with the other letters submitted on the Reclamation Plan. AYES: Mayor Johnson and Councilmembers Casey and Tryon NOES: Councilmember Siegel and van Tamelen MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen and passed unanimously to add Mr . Vidovich' s letter dated 11/16/88 to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to agendize Mr. Vidovich' s letter of 11/16/88 for the next available Council meeting to allow Mr . Vidovich and staff the opportunity to discuss the concerns and to afford the Council the opportunity to study the issue. D. REPORT FROM THE PLANNING COMMISSION: E. PUBLIC HEARINGS: 1. Resolution # ordering the vacation and abandonment of a portion of a certain street 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) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to adopt Resolution #121-88 ordering the vacation and abandonment of a portion of a certain street 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 2 . LANDS OF AYMERICH, FILE VAR #19-88 , 27801 Edgerton, appeal of one of the conditions of the variance approved by the Planning Commission Council had before them the Director of Public Works ' staff report dated 11/9/88 which included the recommendation that the appeal be denied and the decision of the Planning Commission be affirmed to grant a variance for a patio constructed in a set back with the condition that that portion of the patio beyond the oak tree be removed at Town expense and that mature screening be planted. The staff report also included the background on the project which stated, in part, that this work was begun under the belief that a valid permit had been issued by the Town. _q_ 11/16/88 E. PUBLIC HEARINGS (continued) : L Anthony Lagorio, applicant' s attorney, commented on the history of the project and stated that his client had acted on a permit issued by the Town and had spent a considerable amount of money in completing it. Mr. Lagorio further commented that the patio under discussion was not in a visible area and if it were torn out the large oak would be lost. Mr. Aymerich, applicant, commented on several issues related to this appeal . One concern of his neighbors was drainage and Mr. Aymerich stated that the drainwater went directly to Matadero Creek. He also noted that as it happened his neighbors had a structure to obscure their garbage cans in the setback and he had not complained about it although it was directly in his line of sight. Regarding the cost to remove the patio, Mr . Aymerich listed what would need to be done and stated his belief that it would cost a lot more than the $200 mentioned in the staff report. Mrs. Linda Kramer , 27800 Edgerton Road, stated that they had lived in their home for ten years and she had notified Mr. Aymerich that he was in the setback even before he poured the concrete . She stated her concerns about drainage and the visual impact on her property and also referred to the possible detrimental impact on their property value. Jean Combs , 27790 Edgerton, commented that this entire issue was really a neighborhood feud and she believed someone should begin to be 111111/ fair with the Aymerichs. Ms. Coombs noted that in fact the Kramers had a hedge, light and mailbox on their driveway and this situation had never been corrected . Dr. Kramer , 27800 Edgerton Road, presented a brief history of his conversations with Mr. Aymerich concerning the patio. Dr . Kramer also expressed his concerns regarding the possible invasion of his privacy and he was asking the Council for a reasonable compromise. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to grant a variance for the Lands of Aymerich for a patio constructed in the setback based on the findings for a variance, contingent upon the review by the Site Development Committee of the plans submitted by the applicant addressing drainage , privacy, plantings and the installation of a fence. Regarding the requirement that the applicant install a fence with appropriate plantings it was further stated that the choice of fence materials would be agreed to by the Kramers. 3 . LANDS OF GAITHER, FILE TM #7-88 , Moody Road, request for approval of tentative map and negative declaration for a three lot sub- division -- Resolution approving tentative map Imr -5- 11/16/88 ` � E. PUBLIC HEARINGS: (continued) : i Council had before them the Planning Director' s staff report dated 11/19/88 which noted that the Planning Commission had voted unanimously to recommend that the City Council certify the negative declaration and approve the tentative map for a three lot subdivision subject to the conditions of approval . Mrs . Libby Lucas , 174 Yerba Santa - Los Altos , addressed the Council with her concerns about the creek and the proposed development. She also read a letter from the Santa Clara Audubon Society which stated their concerns about the impact of the setbacks of the development on the creek. The Society recommended setback standards of 100 feet from the creek center or 75 feet from top high bank be adopted for this development to ensure the protection and preservation of the Adobe Creek riparian system in this area. Mrs . Artemas Ginzton, 28014 Natoma, commented on the setbacks required for creeks at the County level and the concerns at that level regarding the preservation of the creeks . Mrs . Ginzton supported flexible setbacks given the many different situations and also hoped that everyone would be striving for even higher standards regarding creek preservation. Mrs . Jean Struthers , 13690 Robleda, commented on the disastrous situation at El Retiro and urged the Council to be careful with proposed development near creeks . She further noted that the applicant for this project had been very sensitive to environmental issues . Mr. Bob Stutz , member - Pathways , Recreation and Parks Committee, commented on the letter submitted by Mr. Gaither dated 11/9/88 concerning the pathway and the location of the driveway. Mr. Stephen Gaither , applicant, addressed the Council on the proposed subdivison in general and specifically commented on the conservation easements and the preservation of the creek. He also referred to the letter Council had received from him dated 11/9/88 in which he requested a modification to condition #2 regarding pathway easements. Mr. Gaither referred to condition #14 regarding sewer design and construction and stated his belief that he did not believe it should totally be his responsibility to meet this condition and requested support from the Town. Mr. Gaither also inquired about whether or not Council believed the existing garage on the property should be removed. In response to concerns expressed by Siegel regarding the siting of the house on the upper lot , Mr. Gaither responded his rationale in siting it there and also commented that it could be served by both the Fire Department and Purissima Hills Water District. -6- 11/16/88 �,. E. PUBLIC HEARINGS (continued) : MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to amend conditions 2 , 3a, 3b and 4 to read as follows : 2) The applicant shall dedicate a ten foot (10 ' ) wide meandering path easerent for a five foot (5 ' ) path from the Lands of the Town of Los Altos Hills to Francemont Avenue. One of two alternative routes shall be acceptable. Alternative 1 will require applicant to construct an equestrian bridge crossing Adobe Creek, a native path, steps which ramp up to Moody Road, and a Type IIB path (or equal) along Moody Road including a guard rail , if necessary. Alternative 2 will follow a route along the southerly boundary of Lot 1, over the Lans of McClerry, and along the toe of the hills of Lots 1 and 2 to Francemont Avenue (contour 4251 ) . Approval of the final map shall be conditioned upon the satisfactory recommendation of the Town Engineer and the Pathways , Recreation and Parks Committee , and , as required, a path easement dedication from McClerry. 3) The applicant shall dedicate a path easement from Moody Road over the bridge and along the westerly side of Francemont Avenue to the end of the bulb and install a Type IIB path with header boards south of the bridge over this approximately 375 feet. The path easement shall continue over the road to the 575 foot contour turning westerly with a ten foot (10 ' ) wide path easement to the property line between the 575 and 600 foot contours . A native path shall be constructed within this lbw and 100 feet to the satisfaction of the Pathways , Recreation and Parks Committee and Town Staff. (Note: This 100 foot segment is to access the paths in the Lands of Bellucci . ) 4) If Lot #3 above the 700 ' contour is not developed, the applicant shall dedicate a 10 foot wide meandering path easement over the existing driveway cut between the 575 and 700 foot contours and thence up the ridge to Wind Mill Meadow of the Midpeninsula Regional Open Space District. If this lot is developed, the applicant shall dedicate a path easement over the driveway and shall construct a native , five foot (5 ' ) path within a ten foot (10 ' ) wide meandering path easement around the building site to the ridge top to the satisfaction of the Pathways , Recreation and Parks Committee and the Town' s Engineering Staff. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously to amend condition #7 to read as follows : ' The applicant shall dedicate a conservation easement along Adobe Creek as shown on the tentative map twenty-five feet (25 ' ) from the top of the bank to the edge of Moody Road. The Final Mpa shall reflect this easement. PASSED BY CONSENSUS: To amend condition #8 to read: ' All lots shall be connected to the Los Altos Sewer District sanitary sewer. ' PASSED BY CONSENSUS: To amend the last sentence of condition #18 to read: ' The bridge shall contain adequate pedestrian/equestrian crossing to the satisfaction of the City Engineer and the Pathways , Recreation and Parks Committee. -7- 11/16/88 1001 E. PUBLIC HEARINGS : (continued) : PASSED BY CONSENSUS: To add the following sentence to condition #25: ' The Conditions , Covenants and Restrictions shall not be amended without Council approval . ' MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to require that the house on Lot #3 shall be a single story home as it is on a ridge line. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed by the following roll call vote that the tentative map for Lands of Gaither will reflect the removal of the garage. AYES : Mayor Johnson and Councilmember Siegel NOES: Councilmember Tryon ABSTAIN: Mayor Pro Tem Casey and Councilmember van Tamelen MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed by the following roll call vote to approve the negative declaration for Lands of Gaither, Moody Road. AYES: Mayor Johnson and Councilmembers Siegel , Tryon and van Tamelen NOES: None ABSTAIN: Mayor Pro Tem Casey MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed by the following roll call vote to adopt Resolution #122-88 approving tentative map for Lands of Gaither subject to conditions of approval as amended by Council . AYES: Mayor Johnson and Councilmembers Siegel , Tryon and van Tamelen NOES: None ABSTAIN: Mayor Pro Tem Casey F. OLD BUSINESS: 1 . Resolution # approving and authorizing execution of an agree- ment for solid waste disposal between the Town of Los Altos Hills and International Disposal Corporation of California PASSED BY CONSENSUS: To continue this item until the agreement was available for Council review. 2 . Resolution # authorizing the agreement to terminate the 1984 Solid Waste Disposal Agreement with the City of Mountain View PASSED BY CONSENSUS : To continue this item until additional Sinformation was available for review. fir' -8- 11/16/88 F. OLD BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson to go past the 11: 30 p.m. hour of adjournment. 3 . Lands of Varsanyi , File TM #6-88 - 24810 Prospect Road The Director of Public Works noted that the tentative map for Lands of Varsanyi had been discussed at the 10/19/88 City Council meeting and had been continued at that meeting to the 12/7/88 City Council Meeting according to the minutes . However, during that 10/19/88 meeting there had been some conversation about a thirty day continuance from 10/19/88. For purposes of clarification the Director of Public Works asked Mr. Melvin Hill , the Varsanyi' s representative , if he agreed to the December 7th continuance. Mr. Hill concurred. G. NEW BUSINESS: 1. Council review of use permit for Hidden Villa under consideration by Santa Clara County Mr. Claude Look, Hidden Villa Project Manager , explained the plans for the new visitors center and also noted that there would be no visual impact from the road and it would used by Hidden Villa' s regular visitors . PASSED BY CONSENSUS: To commend Hidden Villa for the design of their new visitors ' center and to direct the Planning Director to send a letter to the Santa Clara County Planning Commission transmitting this Council action. 2 . Request from owners of Lot #8 in the Matadero Creek Subdivision for higher maximum development area PASSED BY CONSENSUS: To defer consideration of this item, at the request of the applicant, until the Matadero Creek Sub-Committee has met with the owners in the subdivision to discuss the development regulations for the lots . 3 . Town Response to application to appropriate water associated with Lands of Quarry Hills Subdivision Council had before them the Director of Public Works ' staff report dated 11/9/88 which included proposed language relating to protest the application for the appropriation of the waters of Hale Creek and Permanente Creek. The Director of Public Works noted that comments were due 11/23/88 but he had been advised that an extension would be granted if one were requested. -9- 11/16/88 G. NEW BUSINESS: (continued) : 1111. Dr. Howard Martin, Dawson Drive, explained why he believed this application to appropriate water should be protested. Dr. Martin stated that he believed Mr . Vidovich was asking for more water than there was and if the permit were approved, there would not be enough water left for the downstream creek. Dr. Martin further stated that he was not against the project but did want to protect Hale Creek. John Vidovich, applicant, explained the amount of water they were requesting and stated that he would like the opportunity to work with staff to address any areas of concern regarding this application. Richard Mindigo, County Planning Consultant, commented that he had prepared the report on the reclamation plan and it was an extremely complex issue. Mr. Mindigo further explained the technology involved in determining the amounts of water required. PASSED BY CONSENSUS: To request an extension for comments from the State Water Resources Board and to continue this item to the next available Council meeting for discussion and comment with the reclamation plan. H. OTHER BUSINESS: 1. Reports from Standing Committees : kiblv a) Safety Committee 1) Recommendation regarding request for a 'Children At Play' sign on Newbridge Road 2) Recommendation regarding request for reinstallation of stop sign on Fremont at Deerfield, Burke and Fremont intersection PASSED BY CONSENSUS: To continue consideration of these recommendations until the next Council meeting and to request staff to provide copies of the original requests from residents concerning these matters. b) Report from Pathways , Recreation and Parks Committee Council had before them a report dated 11/88 on the activities and recommendations of the Pathways , Recreation and Parks Committee. This report had been prepared by Chairman Dot Schreiner and it also included a proposed ordinance to protect trails for the Council ' s consideration. lb/ -10- 11/16/88 H. OTHER BUSINESS : (continued) : PASSED BY CONSENSUS : To direct staff to prepare a staff report on the committee ' s report and to agendize this matter for the January 18th City Council meeting in order to give Council the opportunity to review the materials. It was further agreed that the Lands of Horton issue which had been discussed at the 10/19/88 meeting would also be agendized for the January 18th meeting. 2 . Reports from Ad Hoc Committees : a) Community Survey Nancy Alexander, Alexander & Associates , referred to the outline of the community survey Council had before them and gave a brief outline of the schedule for the survey. The plan was to have constructed the survey by mid-December , to have conducted the survey by mid-January and to have compiled the results by mid-February. Council commented on some of the questions in the survey which addressed the following issues: slope density, expanded types of land uses , police services , open space , circulation, sources of funding for projects, cluster housing and secondary dwellings . Ms . Alexander noted their suggestions regarding the survey. It was also agreed that a mailing would be sent to the resident prior to the survey advising them that they would be contacted in the near future to participate. `r MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed uanimously to approve the outline of the community survey as presented by Alexander and Associates in a report dated 11/16/88 . I. STAFF REPORTS: 1. City Manager: a) Resolution # adjusting the salary schedule for the Planning Technician MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to adopt Resolution #123-88 approving and changing the compensation to be paid for the position of Planning Technician 2 . City Attorney: 3 . City Clerk: Report on Council Correspondence dated 11/9/88 4. Council Business: a) Request for nominations for appointment to the Santa Clara County Library Commission -11- 11/16/88 I . STAFF REPORTS: (continued) : MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to nominate Mary van Tamelen for appointment to the Santa Clara County Library Commission. b) Request from the Moutain View High School Spartan Marching Band for a $3 ,000 contribution to attend the 100th Annual Pasadena Tournament of Roses Parade PASSED BY CONSENSUS: To continue this item to the next Council meeting. c) Casey: Report on meeting with Chairman of Community Relations Committee Casey reported that the Community Relations Committee was again sponsoring a float in the Festival of Lights Parade scheduled for 11/27/88 and discussions were taking place regarding holding a ' Spirit of the Hills ' benefit in the late spring or early fall of next year. More information would be forthcoming at a later date. d) Johnson: Policy on site visits Johnson stated that the Council policy established at their 11/10/88 Council Meeting on visits to private properties by Town Officials was in effect but could be further discussed at the 11/28/88 Joint Meeting of the City Council and Planning Commission. e) Tryon: San Antonio Hills Tryon requested that the removal of San Antonio Hills from the Town' s Urban Service Area be agendized for the next Council Meeting. f) Tryon: Cable TV Tryon reported that an informational mailing would be going out in the near future on the status of the cable tv project and more information would be forthcoming. Tryon also commented that she would like to attend a cable tv workshop scheduled for 12/7/88 in Southern California and would request reimbursement of expenses for her attendance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by van Tamelen and passed unanimously to add reimbursement of expenses to attend 12/7/88 cable tv workshop to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to authorize payment of the $75 .00 registration fee for Councilmember Tryon' s attendance at the 12/7/88 cable tv workshop and also to authorize reimbursement of any reasonable expenses for her attendance at the workshop. -12- 11/16/88 I . STAFF REPORTS : (continued) : (I) Siegel : Los Altos Fire Protection District Commission Siegel commented that there would he a vacany in the near future on the Fire Commission and he requested that a request for nominations for appointment be placed on the next Council agenda. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed unanimously to add a resolution appointing William Ekern as Acting City Manager to the agenda. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed uanimously to adopt Resolution #124-88 appointing William Ekern as Acting City Manager of the Town of Los Altos Hills J. ADJOURNMENT: There being no further new or old business to discuss , the City Council adjourned at 12 : 35 a.m. Respectfully submitted, Patricia Dowd, City Clerk -13- 11/16/88