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HomeMy WebLinkAbout04/01/1987 CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, April 1, 1987 cc: Reel 184, Tr. II , Side I , 480-end, Tr. II , Side II , 001-545 Mayor van Tamelen called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:05 p.m. in the Council Cham- bers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor van Tamelen and Councilmembers Plummer , Siegel and Tryon Absent: Councilmember Dronkert Staff : City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, Planning Consul- tant Lori Scott and City Clerk Pat Dowd Planning Comm: Marc Kaufman Press : Herb Muktarian, Los Altos Town Crier B. CONSENT CALENDAR: Item Added: 3/31/87 Warrant List = $13 ,063 .06 (City Manager) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously by all members present to approve the Consent Calendar, specifically: 1. Approval of Minutes: March 18 , 1987 2. Approval of Warrants : $13 , 063. 06 (3/31/87) $72, 665.32 (4/1/87) 3 . Resolutions for Adoption: a) Resolution #20-87 approving and authorizing execution of an encroachment permit agreement between the Town and Stephen A. Jordan and Susan Jordan b) Resolution #21-87 approving and authorizing execution of an encroachment permit agreement between the Town and Gregg D. Carse and Sandra K. Carse CONSENT CALENDAR (continued) : how c) Resolution #22-87 approving and authorizing execution of agreement amending covenant between the Town and Gregg D. Carse and Sandra K. Carse d) Resolution #23-87 setting the time and place of hearing on proposed changee 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 ' to eliminate the referral back to the Planning Commission of matters appealed to the City Council prior to modification or reversal of the Planning Commission decision, and concern- ing adoption of a proposed negative declaration e) Resolution #24-87 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 ' to add a defin- ition of 'walkway' and to amend description of items to be included in the development area and concerning adoption of a proposed negative declaration f) Resolution #25-87 amending the Town Budget for the fiscal year 1986-87 (3) Resolution #26-87 declaring 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 Vaction Law' , Section 8300 , et seq. , of the Streets and Highways Code of California (Lands of Rick Bell , Black Mountain and Ursula Lane) 4 . Actions of the Planning Commission: approved the following: a) LANDS OF HORLEY, FILE VAR 34-87 , 27227 Black Mountain Road, variance request to exceed the maximum height allowed by a maximum of 8 feet for the purpose of completing roof mod- ification and Site Development Permit C. PRESENTATIONS FROM THE FLOOR: D. REPORT FROM THE PLANNING COMMISSION: Commissioner Kaufman reported that the following issues were discussed at the March 25 , 1987 Planning Commission Meeting: 1) Lands of Komo, 23225 Ravensbury, denied request for reconsideration of site develop- ment conditions of approval ; 2) variance requests denied for Lands of Reed, 12998 Robleda Road and Lands of Lin, 11645 Dawson Drive; 3) Lands of Carnes , 14090 Tracy Court, variance request continued; 4) variance request approved for Lands of Horley, 27227 Black Mountain Road; 5) report submitted by Chairman on planting and maintenance of trees on public and private property; and 6) slide presentation for design awards. -2- { E. PUBLIC HEARINGS : �r 1. LANDS OF GASKILL, FILE VAR #1-87, Lot #2 , West Sunset Drive, appeal of the March 11, 1987 decision of the Planning Commission concern- ing a variance request to exceed the maximum development area by 580 square feet for the purpose of constructing deck and additional floor The Planning Consultant referred to the staff report dated 3/26/87 on the Lands of Gaskill which included the recommendation that the Coun- cil uphold the Planning Commission ' s decision not to exceed the maxi- mim development area for the lot in question. The report further notes that the Commission was divided in its vote concerning this issue with some of the opinion that it was a minor request and other of the opinion that as the house was not yet built, it could be redesigned. Mrs . Margery Lindsay, 13151 West Sunset Drive, noted that she had sold the property to Mr. Gaskill and still owned the property next door. She had spoken with the neighbors and none had any objection to the variance being discussed if the configuration of the house remained the same . Mr. Alan Lambert, applicant ' s designer, presented background and slides on the project. He requested that the requests for additional floor and deck be handled separately and noted that the applicant was really requesting a total increase in development area of 234 square feet. (The request for the construction of roof overhangs had been discussed and approved separately. ) Mr. Lambert commented that it was possible to reduce the square footage of certain walks and decks al- ready in the design to allow for the additional floor area and full deck across the master bedroom; however, he questioned whether this would be good design. Mr. James Gaskill , applicant, explained that he thought he had had a certain amount of development area when he purchased the house and further commented on his proposed design of the property. Council commented that this was a small lot in an older part of Town and expressed concern about increasing the development area. As the house was under design, it was suggested changes could be made. Mayor Pro Tem Tryon stepped down from consideration of this item. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed by the following roll call vote to deny the variance request for Lands of Gaskill , Lot #2, West Sunset Drive, to exceed the maximum development area for the purpose of constructing deck and additional floor. AYES : Mayor van Tamelen and Councilmembers Plummer and Siegel NOES: None ABSENT: Councilmember Dronkert ABSTAIN: Mayor Pro Tem Tryon -3- PUBLIC HEARINGS (continued) : ihr 2 . LANDS OF DEL MONTE PROPERTIES, FILE TM #5-85 , Three Forks Lane, request for approval of a negative declaration and tentative map for a five-lot subdivision The Planning Consultant referred to the 3/23/87 staff report on the Lands of Del Monte Properties which addressed the issues of drainage, conservation easement, design of the Matadero Creek crossing and visual and aesthetic impacts and included the Planning Commission' s recommendation that a negative declaration for the project be approved and the tentative map be approved subject to the conditions of ap- proval . Mr. Paul Nowak, applicant ' s civil engineer, noted that they were in agreement with most of the conditions before Council . However, they were requesting relief from the conservation easement for Lot #1 , did not agree with a bridge design for the Matadero Creek crossing, asked that condition 6 .F. relating to design of homes not apply to two of the lots and addressed the major issue of drainage . ( Mr. Roland VonHuene , 13500 South Fork Lane, was concerned that condi- tion S .F. relating to drainage improvements was too open. He noted that while the creek at one time had been stable, it had now eroded 1 after the storms of 1982 and the construction on Country Way and Matadero Creek. Mr. Paul Reneau, 13149 Byrd Lane, commented that in early conversa- tions with the developer for these lots, the neighbors were assured that none of the houses would be over a certain square footage. Mr. Reneau also noted that the Town' s General Plan specifically states that the Matadero Creek area will be a low density rural area. Mr. Wallace Stegner, 13456 South Fork Lane, made the general statement that the neighbors were unanimously opposed to this project. It was just too much density for the area. Mr. Stegner further stated that there should be some control over the size of the houses and a storm drain was a necessity. Dr. Christina Green, 13460 South Fork Lane, concurred with the other comments made by neighbors and reiterated that she wanted the neigh- borhood to remain rural . Donna and Paul Prudence, 13452 South Fork Lane, supported an un- derground storm drain and noted that their engineer, Tim Sandis, had differing opinions from Mr. Nowack on several issues. They were agree- able to granting easements if it were done properly. Specifically, Mrs. Prudence stated she wanted the area to remain rural and wanted no more concrete in the neighborhood. -4- PUBLIC HEARINGS - LANDS OF DEL MONTE PROPERTIES (continued( : 41 Anthony Lagorio, applicant ' s attorney, asked that condition 6 .F. re- quiring owners to enter into recorded agreements concerning the con- struction of certain designs of homes be deleted and that these mat- ters be referred back to the Site Development Committee rather than place more restrictions on the map. Council expressed concerns about the drainage issue and suggested that some resolution of this matter be in place before the negative decla- ration and tentative map were finally acted upon. However, due to the timeframe of the tentative map application, it would be necessary to receive an extension from the applicant if this matter were to be con- tinued. Council supported the applicant meeting with the Town staff and the neighbors to arrive at some solution to the drainage issue. Council did agree, however, that the other conditions of the tentative map could be reviewed and acted upon at this time. Anthony Lagorio, applicant' s attorney, stated that they agreed to the continuation of this tentative map application to the May 6 , 1987 Council meeting. However, they would appreciate discussion and resolu- tion of the conditions, other than drainage, at this time. Mr. Lagorio referred to condition 6 .A. which stated that all existing structures were to be removed prior to recordation of the final map and noted that they would like to have a field office on the site. It was agreed this would be discussed at the May meeting. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call vote to approve Condition 1 .A. ' The owner shall dedicate a Conservation Easement as redlined by staff on the Tentative Map, dated received January 23 , 1987, (approximately following lands greater than 30% slope( , to the satisfaction of the City Engineer and Town Planner. No structures, grading or vegetation removal shall be allowed within the easement, with the exception of grading for installation of storm drainage and sanitary sewer improve- ments. ' AYES: Mayor van Tamelen and Councilmembers Plummer and Siegel NOES: None ABSENT: Councilmember Dronkert ABSTAIN: Mayor Pro Tem Tryon MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Plummer and passed unanimously by all members present to amend condition 6 .B. to read 'The Three Forks Lane crossing over Matadero Creek shall be a culvert or alternative design, to the satisfaction of the City Engineer. ' MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously by all members present to amend condition 6 .C. to read: 'A subdivision landscaping plan, prepared by a landscape ar- chitect shall be required, to the satisfaction of the Site Development -5- PUBLIC HEARINGS - LANDS OF DEL MONTE PROPERTIES (continued) : LW Committee. Recommendation on the plan will be received from the En- vironmental Design Committee prior to Site Development Committee ac- tion. Installation of irrigation system and landscaping shall be I limited to the rights-of-way. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed by the following roll call vote to delete condition 6.F. which required the owner to enter into a recorded agreement to construct only single story structures (not to exceed 18 ' in height) or struc- tures that step down hill in such a way as there would be no overlap- I ping floor area, colors and materials to blend with natural surround- ings, (i.e. , natural colors or wood stain for exterior treatment of future residences) . AYES: Councilmembers Siegel and Tryon NOES: Mayor van Tamelen ABSENT: Councilmember Dronkert ABSTAIN: Councilmember Plummer ' Siegel noted that he did not think this condition was an appropriate method by which to impose such restrictions. He favored the zoning overlay approach. He further noted that these lots would all go through the Site Development review process and the preference for one story structures could be discussed at that time. van Tamelen was concerned that the zoning overlay ordinance might not be in place and was in favor of retaining the condition in the event it was not. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously by all members present to continue Lands of Del ' Monte Properties, File TM #5-85 to the May 6 , 1987 Council meeting. 3 . LANDS OF GILFOIL: Resolution determining that the conditions existing on the real property described as 13470 Carillo Lane, Los Altos Hills, California, constitute a public nuisance, and ordering abatement thereof ' The following evidence was presented to the City Council concerning the Lands of Gilfoil : 1) proof that all required notices had been sent and received; 2) photographs of property and statement of original complaint; 3) staff testimony presented by the City Manager noting in part that ' It is the staff ' s opinion that the maintenance of a sail- boat, airplane and camper shell constitute a violation of Title 6, Chapter 5 , Section 6-5 .01 (e) (4) , (e) (5) and (e) (6) of the Los Altos Hills Municipal Code. ' ; and 4) declaration dated 3/31/87 from real estate broker, Jackie Wolfe, stating in part that ' It is her opinion that the storage of the items (airplane, sailboat and camper shell) creates a hardship on the surrounding properties by virtue of the following: a) the area is rural in character therefore there is less to divert the eye from observing the items and by virtue of this they hily -6- PUBLIC HEARINGS - LANDS OF GILFOIL (continued) : draw undue attention to themselves; and accordingly b) a surrounding property owner who wishes to sell their property may have a more dif- ficult time finding a willing buyer due to these items being in plain view. ' (Both the staff testimony and declaration from broker, as well as other relevant documents , are on file at Town Hall . ) Mr. Paul Borg, 13452 Carillo Lane, concurred with the evidence which had been presented and thanked the Council for their attention to this matter. I Mr. John Gilfoil , 13470 Carillo Lane, stated that there had been no ordinances in place preventing him from storing these items on his property when he first did so. In his opinion, it decreased his prop- erty if he could not do with it as he wished. When asked if he could screen the items in question, Mr. Gilfoil stated that he was open to suggestions but he did not know of any ways to accomplish such screen- ing. He stated that he intended to protect his rights and preferred that this matter be continued in a court of law. Mr. John McCabe, 13416 Carillo Lane, asked for and received clarifica- tion of whatthe process was if Council determined that the conditions on 13470 Carillo Lane constituted a nuisance. Mr. McCabe further agreed that the storage of the vehicles under discussion on 13470 Carillo Lane did detract from the neighborhood. The City Attorney referred to his staff report dated 3/25/87 which noted that if following the public hearing the Council determined that the conditions complained of constituted a public nuisance, a resolu- tion stating these findings should be adopted. The propety owner would then have a final period of 30 days within which to remove the offend- ing items. If the owner failed to comply with the order, then the Town could enter the property and correct the conditions declared to be a public nuisance. The costs of removal and storage would be added to the property owner' s tax bill for the 1987-88 fiscal year following a final hearing at which the Council would be requested to confirm the amount of the removal and storage costs. MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Siegel and passed by the following roll call vote to adopt Resolution #27-87 determining that the conditions existing on the real property de- scribed as 13470 Carillo Lane , Los Altos Hills, California constitute a public nuisance and ordering abatement thereof . AYES: Mayor van Tamelen and Councilmembers Plummer and Siegel NOES: None ABSENT: Councilmember Dronkert ABSTAIN: Mayor Pro Tem Tryon -7- 741110 F. OLD BUSINESS: 1. Cable TV - Authorization to enter into negotiations with Sun Country Cable The City Manager in response to the question from Councilmember Plum- mer as to why Sun was chosen over Western noted that there were con- erns about Western ' s revenue streams . MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Plummer and passed unanimously by all members present to direct staff to commence negotiations with Sun Country Cable to provide cable TV service to the largest possible portion of Town homes . Lyn Simpson, Sun Cable, noted she was pleased to be back before the Council and introduced the President of Sun Cable, David Kinley. Mr. Kinley stated they were looking forward to working with the Town. G. NEW BUSINESS: 1 . Planning Agency Work Program, as proposed for amendment by the City Council at their meeting of March 18 , 1987 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously by all members present to adopt the revised Planning Agency Work Program as stated in the Town Planner ' s report 11111, dated 3/25/87 (on file at Town Hall ) . 2 . Request from residents of Three Forks , North Fork, Middle Fork, South Fork and Byrd Lane for the establishment of a Zoning Overlay District Mr. Wallace Stegner, 13456 South Fork Lane, referred to his letter to the Council dated March 31 , 1987 which noted that the petition of the homeowners of the Three Forks Lane-Byrd Lane neighborhood for mandatory zoning overlay of Article 7 in the neighborhood should be supplemented by the letter from John Sterling (letter received March 31, 1987) , owner of the lands adjoining Stegner and Kuranoff on the South. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call vote for the Council to initiate a textual zone change amendment to be prepared by staff and submitted to the Planning Commission along the lines stated in the March 25, 1987 transmittal from the Town Planner to the City Manager on the sub- ject (on file at Town Hall) and to request the Planning Commission to hold public hearings on this matter and bring a recommendation back to the Council . AYES: Mayor van Tamelen and Nuncilmsalters Plummer and Siegel NOES: None ABSPNT: Councilmember Dronkert -W ABSTAIN: Mayor Pro Ten Trym -8- H. OTHER BUSINESS: 1. Reports from Standing Committees: a) Pathways, Recreation and Parks Committee As Council had just received the semi-annual report from the Pathways, Recreation and Parks Committee, they had not had an opportunity to review it. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously by all members present to accept the report,thank the committee and reschedule consideration of this item for the next agenda. 2 . Reports from Ad Hoc Committees : I . STAFF REPORTS: 1 . City Manager: a) Landscape Bond Policy Statement MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously by all members present to direct the City Attorney to prepare a resolution amending resolution #88-86 establishing the Town ' s landscape policy to include the language suggested by staff in the City Manager ' s staff report dated 3/26/87 (on file at Town Hall) . b) Monthly Financial Reports -- Informational Items The City Manager noted that he would bring up the possible agendizing of these reports at the next Council meeting for general comment on whether this should be done or not. c) Resolution amending the position classification plan of Town employees and salary schedule con- cerning the Assistant Public Works Director MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously by all members present to adopt Resolution #28-87 amending the position classification plan of Town employees and salary schedule concerning the Assistant Public Works Director d) Proposal from Los Altos Police Department for Police Services The City Manager stated that he had received a proposal from the Los Altos Police Department concerning police services. It was agreed that Council would receive a copy for their review and at the next Council meeting a time and date would be set for a special meeting to discuss r the proposal . -9- STAFF REPORTS (continued) : e) Drainage Study The City Manager noted that the drainage study had been received in draft form and he would prepare a staff report on this subject. 2 . City Attorney: a) Request from City of Gridley for support of legis- lation possibly to provide a small cities exemption to the accounting procedures required by Article 3 of the Public Contracts Code The City Attorney requested that this matter be continued to the next Council meeting pending receipt of additional information; Council agreed with this request. 3 . City Clerk: Report on Council Correspondence dated 3/27/87 4. Council Business : a) Mayor 1) Authorization to send representatives to the Regional Leadership forum at Santa Clara Univer- sity, June 17-18 , 1987 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Plummer and passed unanimously by all members present to authorize sending two in- dividuals (at least one of them a Councilmember) , with the approval of the Mayor , as representatives of the Town to the Regional Leadership Forum in June 1987 . 2) Request from Library Commission for support of Senate Bill 358 ' Public Library Fund ' PASSED BY CONSENSUS: To continue this item to the next Council meet- ing. 3) Booklets on Living within our Faults van Tamelen suggested that a copy of this booklet be sent to the Safety Committee for their recommendation as to its possible use as a source of information for residents of the Town. Council concurred. 4) Girl Scouts 75th Anniversary Celebration van Tamelen asked anyone interested in attending the 75th Anniversary celebration of the Girl Scouts on Saturday, April 4th to let her know. S -10- STAFF REPORTS - COUNCIL BUSINESS (continued) : b) Councilmembers : 1) Tryon: Proclamation - April 1987 - 'California Earthquake Preparedness Month' PASSED BY CONSENSUS: To proclaim April 1987 as ' California Earthquake Preparedness Month' . 2) Siegel : No Parking Signs on Foothill Siegel commented on the excessive number of 'no parking' signs that had been placed on Foothill Expressway between Edith Avenue and Arastradero and asked that this matter be placed on the next agenda for discussion. Council agreed with this request. L. ADJOURMENT: There being no further new or old business to discuss, the City Coun- cil adjourned at 10 : 30 p.m. Respectfully submitted, Patricia Dowd, City Clerk IOW -11-