HomeMy WebLinkAbout12/07/1988 CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, December 7 , 1988
cc: Reel 197 , Tr . I , Side I , 001-end, Tr. I , Side II , 001-728
Mayor Johnson 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 Johnson and Councilmembers Casey, Siegel , Tryon
and van Tamelen
Absent: None
Staff : Acting City Manager Bill Ekern, City Attorney Frank
Gillio, Planning Director Sally Zeff , Engineering
Consultant Sam Nash and City Clerk Pat Dowd
Planning
Comm: Lee Patmore
Press: Don Brignolo, San Jose Mercury; Mary Fortney , Peninsula
Times Tribune and Todd Shumway, Los Altos Town Crier
It was pointed out that at an earlier meeting the Council had agreed
to change the order of the agenda by putting the Report from the
Planning Commission before the Consent Calendar. Therefore, the order
of the agenda before the Council was corrected to reflect this change.
B. REPORT FROM THE PLANNING COMMISSION:
Planning Commissioner Patmore reported that the following items were
discussed at the 11/23/88 Planning Commission Meeting: 1) Lands of
Bellucci , File TM #1-86 - recommended approval ; 2) Lands of Elmberg,
File TM #12-84 - approved; 3) Lands of Eshner, File TM #8-88 and Lands
of Clausen, File TM #9-88 - continued. Commissioner Patmore also
reported that the Commission met on 11/30/ 88 to discuss Lands of
Quarry Hills and another meeting was scheduled for 12/8/88 on the same
subject.
11101/
C. CONSENT CALENDAR:
Item Removed: B.3 .b) (Johnson)
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: November 2 , 1988 (Special Meeting)
November 10, 1988 (Adjourned Regular
Meeting)
November 16 , 1988 (Adjourned Regular
Meeting)
November 16 , 1988 (Regular Meeting)
November 22 , 1988 (Special Meeting)
November 28 , 1988 (Adjourned Regular
Meeting)
2 . Approval of Warrants: $ 16 , 052. 39 (11/30/88)
$279 , 116 .58 ( 12/7/88)
3 . Resolutions for Adoption:
a) Resolution #125-88 approving and authorizing execution of
4111/ an encroachment permit agreement between the Town of Los
Altos Hills and Verne D. Freeman and Joanne 0. Freeman,
Trustees of the Freeman Family 1979 Trust
4 . Clarification of Council policy regarding use of Council Chambers
Item Removed:
1 . Resolution # of the City Council of the Town of Los Altos Hills
setting the time and place of public hearing (December 21, 1988 at
7 : 15 p.m. ) on the Lands of Quarry Hills (Zoning Map and General
Plan Amendments and Zoning Law Text Amendments and a proposed
tentative subdivision map and the proposed final environmental
impact report)
Johnson noted that he removed this from the Consent Calendar in order
to change the date of the public hearing.
John Vidovich, DeAnza Properties , addressed the Council regarding the
items stated in the resolution for public hearing. He had understood
that the following items would also be discussed at the same time: 1)
a resolution of application to LAFCO for a change in Urban Service
Area Boundary and Annexation to the Town of Los Altos Hills; 2)
vesting tentative map; 3) consideration and action for procedures for
application for development agreements (development agreement
ordinance) and/or adoption of development ordinance; and 4)
` consideration of action for an application for a development agreement
for Quarry Hills (development agreement) •
_2_ 12/7/88
C. CONSENT CALENDAR (continued) :
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to agendize the items referred to by Mr. Vidovich
for a January Council Meeting.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously to adopt Resolution #126-88 of the City Council of
the Town of Los Altos Hills setting the time and place of public
hearing (December 20, 1988 at 7 : 15 p.m. ) on the Lands of Quarry Hills
(Zoning Map and General Plan Amendments and Zoning Law Text Amendments
and a proposed tentative subdivision map and the proposed final
environmental impact report)
D. PRESENTATIONS FROM THE FLOOR:
E. PUBLIC HEARINGS:
1. LANDS OF VISO, FILE VAR #20-88, 28260 Matadero Creek Lane, appeal
of Planning Commission' s denial of a variance and site development
permit
Council had before them the Planning Director ' s staff report dated
11/30/88 which included the recommendation that the City Council
uphold the Planning Commission' s decision to deny the requested
variance in maximum development area and maximum floor area, and the
Planning Commission' s decision to therefore deny the requested site
development permit for the proposed house , which, without a variance,
could not be granted a zoning permit.
Mr. Viso, applicant, presented a model of his proposed home and plans
of the project. He explained how he had been working on this project
for four years and had been affected by the change in the ordinances .
He also noted that he was very much aware of the regulations imposed
on the Matadero Creek Subdivision as he was one of the original owners
of property in the subdivision. He had worked very hard to comply with
the Town' s regulations and was a member of the Architectural Design
Committee. Mr. Viso stated that he did not believe he was being
treated in an equitable manner by the Town particularly in the way
certain development areas such as the driveway were being counted on
his lot. Actually, he noted, he could build exactly the same house he
was requesting if he built the basement into the hillside but
aesthetically he wanted to open up the basement area.
Mr . Gary Zuke , applicant ' s architect , explained that the methods of
calculations have changed over the years thereby resulting in the
confusion regarding the house plans . With the requirement to count the
basement and upstairs library areas , the proposed development area
required a variance request. The exposure of the basement became a
problem but the floor plate of the home had not been changed.
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E. PUBLIC HEARINGS: (continued) :
Mr. Rick Ellinger, 28520 Matadero Creek Lane and secretary of the
Architectural Review Committee, stated that their committee had
reviewed the plans and model for Mr. Viso ' s home and found them to be
in compliance with the conditions , covenants and restrictions of the
subdivision. Mr. David Cooper, Lot #10 - Matadero Creek Subdivision -
expressed his support for Mr. Viso ' s project stating that it
aesthetically fit into the area and could be adequately screened by a
sufficient number of trees .
Mr. and Mrs . Kenneth Wright, 27791 Edgerton Road and Mr. T.F. Change ,
27330 Ursula Lane, addressed the Council opposing Mr. Viso' s project.
Mr . Wright referred to his recent letter to the Council which had been
signed by several residents also supporting this opposition. They
supported the spirit of a rural environment and believed Mr. Viso' s
request was unreasonable and precedent setting.
Council discussed the proposed project before them and noted that in
May of 1988 Mr. Viso had been granted increases in the maximum
development area (11, 175 square feet) and maximum floor area (7 , 450
square feet) for Lot #12 at Matadero Creek. van Tamelen reiterated the
original purpose of the Matadero Creek Subdivision and the emphasis on
open space. She also noted that everyone who purchased a lot in that
subdivision knew of the conditions , covenants and restrictions which
were imposed on the property. Johnson also commented on the Matadero
Creek Sub-Committee which was reviewing the conditions imposed on the
subdivision and noted his support for equitable regulations for the
residents of the subdivision and the rest of the Town.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to uphold the Planning Commission' s decision to
deny the requested variance in maximum development area and maximum
floor area and the Planning Commission' s decision to therefore deny
the requested site development permit for the proposed house, which,
without a variance, can not be granted a zoning permit.
The Acting City Manager noted for the record that this application
from Mr. Viso was now completed and he would have to submit a new
application for Lot #12 .
Councilmember Tryon noted that she had to leave the meeting and asked
if the items on Police Services and Town Hall Master Plan could be
brought forward on the agenda. She also asked if she could present her
report on Trial Court Funding at this time in the meeting.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen
and passed unanimously to concur with Councilmember Tryon ' s request
for changes to the agenda.
-4- 12/7/88
E. PUBLIC HEARINGS (continued) :
ibe
The items on Police Services , Town Hall Master Plan and Trial Court
Funding although discussed at this time of the meeting are reported in
these minutes as they originally were scheduled on the agenda .
Councilmember Tryon left the meeting at this time.
John Vidovich, DeAnza Properties , approached the Council and stated
that he had the concurrence of both the representatives from Lands of
Bellucci and Lands of Snedigar to go before them on the agenda and
address the Council on the Neary Quarry Reclamation Plan which was
scheduled for later in the agenda. With the concurrence of the other
applicants, Council asked Mr. Vidovich to proceed.
Mr . Vidovich, DeAnza Properties , referred to his letter dated 12/7/88
which addressed the issues raised in his meeting with staff and the
11/28/88 letter prepared by Mr. Ekern. In part this correspondence
commented on water quality, Hale Creek Downstream Flow, diversion of
Permanente Creek and undergrounding of Hale Creek. Mr. Vidovich stated
that he believed they had addressed the issues raised by staff and
requested Council to take the following action: 1) To send a letter to
the County of Santa Clara indicating that the initial study done, and
my (Mr. Vidovich' s) responses for the project do adequately and
properly assess the impacts of the proposed reclamation, and that all
identified impacts have properly been mitigated. Further, to indicate
to the County that an EIR is not necessary, and would only create an
unreasonable delay of a project, which, on the whole , is
environmentally positive for the Town; and 2) To request that the
County reagendize the Neary Reclamation as soon as possible , so as to
lock up what is a a very desirable Reclamation Plan.
Dr. Howard Martin, 11666 Dawson Drive, stated that the City Council
and the Planning Commission had been addressing the environmental
impact of the proposed Quarry Hills Project for the past two years and
he strongly believed that a complete environmental impact report was
required. Mrs. Shari Emling, 11853 Murietta Lane, commented that
several questions had been left unanswered in the reclamation plan and
she inquired about the procedure whereby the consultant to prepare the
environmental impact report on the reclamation plan is hired by the
applicant. Mrs . Lee Patmore, Planning Commissioner, stated that she
did not believe the environmental impact report was complete as the
issue with Hale Creek had not been properly addressed. Mr. Richard
Mindigo, County Planning Consultant, explained that the County had a
list of consultants from which to draw and his goal had been to
prepare an objective document regarding the environmental impact
report for the reclamation plan.
PASSED BY CONSENSUS: To continue this item to the 12/ 21/88 City
Council Meeting.
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E. PUBLIC HEARINGS: (continued) :
2. LANDS OF BELLUCCI , FILE TM #1-86, 26220 Moody Road, request for
tentative map approval and negative declaration for 11 lot sub-
division - Resolution approving tentative map
Council had before them the Planning Director ' s staff report dated
11/29/88 which noted that the Planning Commission voted unanimously to
recommend certification of the negative declaration and approval of
the tentative map subject to conditions of approval .
Regarding the issue of the abandonment of a conservation easement, the
City Attorney noted that this would be a separate proceeding of the
City Council .
Bill Kull , applicant' s engineer , stated that they concurred with the
recommended conditions of approval . However , they would like to
request the removal of the pathway around the cul-de-sac . They did not
believe this benefitted the subdivision and would be willing to make a
financial contribution for path use in another location. Council noted
that this was an important path for those who were path users and who
wanted to get around the property.
Mrs . Libby Lucas, 174 Yerba Santa, asked for clarification of the
width of the conservation easement along the creek.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and
passed unanimously by all members present to certify the negative
declaration for Lands of Bellucci, File TM #1-86 and to adopt
Resolution #127-88 approving tentative subdivision map for Lands of
Bellucci with conditions of approval .
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and
passed unanimously to go past the 11 : 30 p.m. hour of adjournment.
3 . LANDS OF SNEDIGAR, FILE CUP #14-88, 12291 Concepcion Road, appeal
of Planning Commission' s denial of site development permit for new
residence
Council had before them the Director of Public Works ' staff report
dated 11/29/88 which included the recommendation that the appeal be
denied and the decision of the Planning Commission be upheld. The
denial was based on the following findings of staff : 1) Due to the
extensive grading proposed on what was essentially a flat lot; and 2)
The fact that the house should be sited along the contours and not
across them, as proposed. Staff believed that the design of the layout
for the house caused the extensive, unwarranted grading which had been
proposed.
-6- 12/7/88
E. PUBLIC HEARINGS (continued) :
Gordon Snedigar, applicant , referred to the proposed condition that he
dedicate as public right-of-way that portion of Concepcion and
Purissima Roads so as to make them conforming to the Town Standard of
30 ' half width. His letter of appeal stated that this dedication of
additional road right-of-way would create a non-conforming lot. Mr.
Snedigar addressed the issues raised in the 11/29/88 staff report and
noted that the purpose of the grading was to lower the profile of the
house; the house was sited along the contours , not across them; and
the circular driveway was necessary for safety purposes .
Siegel stated that the ad hoc committee had met on the issue of road
right-of-ways and a recommendation would be forthcoming. He noted,
however, that both Purissima and Concepcion were designated collector
streets and the Town Standard of 30 ' half width would be required on
both. van Tamelen commented on several of the other issues of concern
raised by the Planning Commission including the amount of fill , the
circular driveway and the removal of trees .
Anthony Lagorio, applicant' s attorney, referred to the case Nollan vs .
Cal Coastal Commission as it related to his client ' s appeal . He
questioned the requirement of the additional road right-of-way and the
resulting non-conformity of the lot.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and
passed unanimously by all members present to uphold the Planning
Commission' s denial of a site development permit for a new residence
at 12291 Concepcion Road , stating that the 30 ' road right-of-ways
would be required both on Purissima and Concepcion. The City Council
further stated that they would consider a variance request from the
applicant basing maximum floor area and maximum development area on
the lot prior to the dedication of the road right-of-ways . The City
Council also waived the fees for such a variance application.
F. OLD BUSINESS:
1. Resolution # determining the value of written protests filed and
not withdrawn in connection with the proposed annexation to the
Town of Los Altos Hills of contiguous inhabited territory commonly
known as San Antonio Hills (west) Magdalena 88-1 and ordering the
proposed annexation subject to confirmation by the registered
voters.
Council had before them the certification of signatures from the
Registrar of Voters Office which stated that 515 signatures had been
submitted for verification. Of this number 311 were valid and there
were 607 registered voters in the area. A letter had also been
submitted from Marshall Gregory which noted that he and Matthew Ives
had been to the Registrar of Voter' s Office and challenged some of the
signatures found not to be valid.
-7- 12/7/88
F. OLD BUSINESS: (continued) :
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MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon
and passed to continue this item to the next Council Meeting to allow
for additional verification of signatures by the Registrar of Voters
Office.
2 . Quarry Hills Subdivision:
a) Town Response to application to appropriate water
associated with Lands of Quarry Hills Subdivision
PASSED BY CONSENSUS: To continue this item to the 12/21/88 City
Council Meeting.
b) Neary Quarry Reclamation Plan
This item was discussed earlier in the meeting.
3 . Los Altos Police Services
The Acting City Manager noted that a letter had been received from the
City Manager in Los Altos asking if the Town wished to continue
discussions regarding police protection services with Los Altos .
111/ PASSED BY CONSENSUS: The Mayor would send a letter to the Los Altos
City Council asking if they were still interested in this matter at a
Council level and further to not take any action until a new City
Manager is hired.
4. Town Hall Master Plan
PASSED BY CONSENSUS: To continue this item to the next Council meeting
and to send the proposed plans to both the Finance and Safety
Committees for their input and recommendations .
G. NEW BUSINESS:
1. Report from the Los Altos Library Commission - Elaine Dauber
This item was continued to a future Council Meeting.
2. Request from Mr . and Mrs . Keenan for waiver or reduction of
variance fees to add two small decks to their house , 13292 Rhoda
Mr. Michael Keenan, applicant, explained to the Council why they were
asking for a waiver or reduction of variance fees . He noted that they
had found themselves in the middle of an ordinance change which
affected their allowed development area. Originally they had enough
_g_ 22/7/88
G. NEW BUSINESS: (continued) :
area for the decks but did not put them in at that time. When they
were ready to put them in, their allowed development area had been
decreased. Mr . Keenan believed that the fees were excessive for a
project which had become complicated due, in part, to a lack of
communication.
PASSED BY CONSENSUS: To waive the $500 variance deposit for Mr .and
Mrs. Keenan at 13292 Rhoda.
3 . Acceptance of improvements - Lands of Ugie , O' Keefe Lane
Council had before them the Acting City Manager ' s report dated 12/1/88
which included the recommendation that the Council accept the
improvements for Lands of Ugie with the exception of Condition 6A and
release 90% of the improvement surety of $10 ,000 . The report further
included the recommendation that the City Attorney be directed to
draft an agreement whereby the Town would be indemnified by the Ugies
for damages resulting from non-compliance with condition 6A.
Condition 6A required the Ugies to improve the channel of Purissima
Creek to handle a 1% (100 year) flood per the recommendation of the
Santa Clara Valley Water District. The Ugies constructed an earth berm
along Purissima Creek which was not approved by the Santa Clara Valley
Water District who has jurisdiction for all work within 50 feet of the
top of the bank of the creek. The Ugies and the Santa Clara Valley
Water District had been working on this for some time with no
resolution to date.
Mr. Keith Ugie, applicant, explained the situation with the Water
District and stated that it was impossible to meet condition 6A. The
Water District had advised him that the solution would be to raise his
house. He believed the berm to be a viable solution but could not get
the required approval from the Water District.
Council discussed the legal ramifications regarding future flooding on
the property and who would be held responsible particularly since a
condition of the subdivision had not been met.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and
passed unanimously by all members present to direct the City Attorney
to prepare a resolution accepting improvements for Lands of Ugie with
the exception of condition 6A, subject to an agreement whereby the
Town would be indemnified by the Ugies for damages resulting from non-
compliance with condition 6A.
4 . Review of ABAG Housing Needs Determinations
PASSED BY CONSENSUS : To accept the Planning Director ' s report dated
11/29/88 on the review of ABAG Housing Needs Determinations
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H. OTHER BUSINESS:
1. Reports from Standing Committees :
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
These items were continued to the next Council Meeting.
2 . Reports from Ad Hoc Committees :
a) Community Survey
1) Resolution approving and authorizing execution of
adddendum to agreement between the Town of Los
Altos Hills and Nancy Alexander
The Acting City Manager reported that Nancy Alexander had requested
that the resolution before Council be changed to reflect 50 calendar
days for Task 4 and 5 rather than 44 calendar days .
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and
passed unanimously by all members present to adopt Resolution 128-88
approving and authorizing execution of addendum to agreement between
the Town of Los Altos Hills and Nancy Alexander with the change to 50
days .
I . STAFF REPORTS :
1. Acting City Manager:
2. City Attorney:
3 . City Clerk: Report on Council Correspondence dated 12/2/88
4 . Council Business :
a) Nominations for appointment to Los Altos Fire Protection
District Board
PASSED BY CONSENSUS : To recommend Councilmember Tryon for appointment
to the Los Altos Fire Protection District Board
-10- 12/7/88
I . STAFF REPORTS (continued) :
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b) Request from the Mountain View High School Spartan Marching
Band for a $3 , 000 contribution to attend the 100th Annual
Pasadena Tournament of Roses Parade
This item was continued to the next Council Meeting.
c) Tryon: Trial Court Funding Update
Tryon reported .ha-t--as-a-member-Sf- Fie-7kas43ra-sy t m ad**asc+r-y-Be 4
thr4ia4-Le..rt-werking-gtfite-e4-e e±y w4t**h . m...,aclers—regai.li„y-tr
eempremise e..-t-ria3-aeeaxt•-f+ rng--and-alt..�-nattve--senree-et--*vi..li..y-ter
peepereg-taxes* If anyone had any questions or comments , Tryon asked
that they contact her and she would keep everyone advised of any
updates on this issue.
J. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 12 : 45 a.m.
Respectfully submitted,
Patricia Dowd, City Clerk
*that the letters and attachments on the subject of trial wort funding received
fru Supervisor 7ne In£gren were self-explanatory. (Ab1QIDED BY COUNCIL 1/4/89)
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