HomeMy WebLinkAbout05/06/1987 A.
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
' Wednesday, May 6 , 1987
1 cc: Reel 185 , Tr. I , Side I , 001-end, Tr. I , Side II , 001-317
Mayor Tryon called the Regular Meeting of the City Council to order at
7:00 p.m. in the Council Chambers at Town Hall . Mayor Tryon greeted
several students who were attending the meeting from the Menlo-
Atherton High School .
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Tryon and Councilmembers Dronkert, Plummer, Siegel
and van Tamelen (Councilmember van Tamelen arrived at
(1111/ 8 : 00 p.m. )
Absent: None
Staff: City Manager George Scarborough, Assistant City Attorney
Susan St. Clair, City Engineer Michael Enright, Planning
Consultant Lori Scott and City Clerk Pat Dowd
Planning
Comm: Judy Carico
Press : Herb Muktarian, Los Altos Town Crier
B. APPOINTMENT TO FINANCE COMMITTEE:
Mr. Olin Nichols, 11620 Buena Vista Drive, commented that he had lived
in the Town for a couple of years and was interested in becoming in-
volved in Town activities. He also commented that his schedule was
flexible when informed that the Finance Committee did not meet on a
regular schedule and usually met during the afternoon hours.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to appoint Olin Nichols
to the Finance Committee for a term of two years.
C. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously to approve the Consent Calendar , specifically:
CONSENT CALENDAR (CONTINUED) :
1. Approval of Minutes : April 15 , 1987
2. Approval of Warrants: $77, 523 . 26 (4/30/87)
$86 , 887.55 (5/6/87)
3 . Resolutions for Adoption:
a) Resolution #33-87 accepting a certain pathway ease-
ment deed (Lands of Watters - 27169 Adonna Court)
b) Resolution #34-87 approving and authorizing execu-
tion of agreement between the Town of Los Altos
Hills and Santa Clara Valley Water District
(payment of costs for preparation of an evaluation
of nonpoint source of water pollution)
c) Resolution #35-87 accepting certain improvements in
connection with Berry Hill Unit II , Tract 7807
d) Resolution #36-87 ordering the performance of
certain work (Elena and Moody Roads resurfacing)
0 e) Resolution #37-87 accepting the offer of dedication
of the street designated as parcel "A" on the final
subdivison map for Tract #6235
f) Resolution #38-87 accepting as completed the work
of construction of Chapin Road Guardrail , author-
izing final payment concerning such work, and
directing the City Clerk to file notice of comple-
tion
g) Resolution #39-87 requesting establishment of a
service authority for freeway emergencies
4. Monthly Financial Report (3/31/87) : Informational Item
5. Westwind Barn Septic System Repair, Contract Change Order
Number One (Klassen Tractor Company)
6. Actions of the Planning Commission: approved the following:
a) LANDS OF SCHUBART, FILE VAR 32-87, 26424 Olive Tree
Lane, request for variance to exceed the maximum
development area allowed to construct new residence
driveway and parking area and site development
permit
2- 5/6/87
D. PRESENTATIONS FROM THE FLOOR:
160
E. REPORT FROM THE PLANNING COMMISSIONER:
Commissioner Carico reported that the following items were discussed
at the 4/22/87 meeting: 1) Lands of Schubart, 24624 Olive Tree Lane -
i variance approved; 2) Lands of Cook, 11471 Page Mill Road, - denied
Site Development Permit for road realignment; 3) Lands of Kiremidjian,
Lot #7 , Berry Hill Court - site development permit for new residence
approved; 4) Lands of Lumbard, 13027 LaBarranca, preliminary review of
variance request. A study session was also scheduled for 4 : 00 p.m. on
Thursday, May 14 to discuss the proposed zoning ordinance amendment
adding R-1-A District; minor variance procedure and variance findings.
F. PUBLIC HEARINGS:
1. LANDS OF RICK BELL, 27347 Ursula Lane
a) Resolution # ordering the vacation and abandonment
of a portion of a certain street easement under the pro-
visions of the ' Public Streets , Highways and Service
easements vacation law' . Section 8300 , et seq. , of the
Streets and Highways Code of California order of vacation
and abandonment
b) Resolution # approving and authorizing execution of
111Wrescission of covenant between the Town of Los Altos Hills
and Rick Bell Builders , Inc.
Councilmember Dronkert*stepped down from consideration of this item.
Council had before them the 5/1/87 report from the City Attorney on
the application of Rick Bell for road dedication abandonment and the
5/1/87 report from the Planning Commission on the request to abandon
the road covenant on Ursula Lane. (Both of these reports are on file
at Town Hall . )
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and
passed by the following roll call vote to adopt Resolution #40-87 or-
dering the vacation and abandonment of a portion of a certain street
easement under the provisions of the ' Public Streets , Highways and
Service Easements Vacation Law' , Section 8300, et seq. , of the Streets
and Highways Code of California order of vacation and abandonment.
AYES : Mayor Tryon and Councilmembers Plummer and Siegel
NOES: None
ABSENT: Councilmember van Tamelen
ABSTAIN: Councilmember Dronkert
*in acmrdance with Council policy not to vote on develogmnts within 300' of one's
property, (AMENDED BY COUNCIL 5/20/87)
3- 5/6/87
PUBLIC HEARINGS (CONTINUED) :
LMOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and
passed by the following roll call vote to adopt Resolution #41-87 ap-
proving and authorizing execution of rescission of covenant between
the Town of Los Altos Hills and Rick Bell Builders , Innc. , and order-
ing recordation thereof.
Tryon (AMENDED BY NONCIL 5/20/67)
AYES: Mayor vas-q-aiae}en and Councilmembers Plummer and Siegel
NOES: None
ABSENT: Councilmember van Tamelen
ABSTAIN: Councilmember Dronkert
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously by all members present to hold the public hearing
on Lands of Reed after the public hearing on Lands of Del Monte Devel-
opers , Inc. as the applicant was not present at this time and Mr.
Loren Nelson of Gerard Homes had commented that he knew Mr. Reed in-
tended to be present for the hearing.
2 . LANDS OF CARNES, FILE VAR 32-86 , 14090 Tracy Court, appeal of
Planning Commission' s decision to deny variance request to exceed
maximum height allowed for fences and berms along roadways and set-
back area
Council had before them the 4/29/87 staff report from the Acting Town
Planner which outlined the applicant ' s request and background on the
kir denial of the variance. The original application in part requested a
variance to build a four foot berm with a four foot stucco fence on
top along Arastradero Road with the fence continuing across the creek
on a bridge and increasing to ten feet in height along the rear prop-
erty line. The purpose of the request was to block the noise and head-
lights of vehicles travelling along Arastradero Road and to increase
privacy.
Mr. Don Brandeau, applicant' s landscape architect, explained the cur-
rent and proposed locations of the bridges and the mitigating measures
being considered regarding visual impact such as wood facing on one
side of one of the proposed fences. Mr. Brandeau further commented
that this area had been densely packed with evergreen trees prior to
the fire and now the applicant was hoping to mitigate the noise level
which the trees in their natural state had lessened.
Dronkert commented that she felt berms were a satisfactory solution to
the noise problem and agreed that this property did need some sort of
protection from the noise impact. However, she did not believe a
wall/fence across the creek was consistent with the rural nature of
the Town.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed by all members present to grant the appeal for construction of
berms on Lands of Carnes , 14090 Tracy Court, as outlined on the
landscape plan and based on the findings found in the staff report
dated 4/3/87 (on file at Town Hall) .
4- 5/6/87
PUBLIC HEARINGS (CONTINUED) :
4111,
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed by the following roll call vote to grant approval for con-
struction of a wall with the stipulation that no wall would cross the
creek or be closer than eight feet to the creek -l#e4*based on the find-
ings found in the staff report dated 4/3/87 (on file at Town Hall) .
*bank (AMN2IDED BY COUNCIL 5/20/87)
AYES: Mayor Tryon and Councilmembers Dronkert and Plummer
NOES: Mayor Pro Tem Siegel
ABSENT: Councilmember van Tamelen
3 . LANDS OF DEL MONTE DEVELOPERS, FILE TM #5-85, Three Forks Lane,
request for approval of a negative declaration and tentative map
for a five-lot subdivision (continued from April 1, 1987 Council
meeting)
The City Engineer referred to his staff report dated 5/1/87 which ad-
dressed the drainage issue and the realignment of Three Forks Road to
Country Way. (This report is on file at Town Hall . )
Mr. William Critzer, 13385 Country Way, expressed the concerns of his
family regarding the safety issue of turning left at the intersection
of Country Way and Page Mill Road. If the realignment of Three Forks
Lane was being considered, this matter became even more of a hazard
and he urged careful consideration be given to this issue. Mr. Crit-
zer suggested the possibility of widening the road and/or of placing a
barrier.
Mr. Richard McGowan, attorney representing Mr. and Mrs. Prudence, ad-
dressed the Council concerning the drainage issue. He noted that a few
years ago the Prudences had spent a considerable sum of money for
drainage on their property. Their concern now was the question of
responsibility for future drainage if and when additional water
results from the development of the property. The City Manager noted
that for the developer of the property to meet the conditions of ap-
proval for the tentative map, certain agreements addressing these mat-
ters would have to be in place with the Prudences.
Paul Nowack, applicant' s civil engineer, noted that quite a bit of
time had been spent on the drainage issue. As it was quite difficult
to obtain the easements which were necessary, particularly as at least
one of the parties involved was out of the country, they were now
willing to go along with the drainage plan as proposed by Mr. Sandis.
PASSED BY CONSENSUS: To amend Condition 5 .F. to read as follows :
'Drainage improvements shall be designed and constructed to the satis-
faction of the City Engineer and shall include off site improvements . '
PASSED BY CONSENSUS : To add Condition 5.G. as follows: ' Developer
shall obtain all easements and agreements necessary to implement Con-
i dition 5 .F. '
Abe
5- 5/6/87
PUBLIC HEARINGS (CONTINUED) :
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously to adopt the negative declaration for Lands of Del
Monte Developers .
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously to adopt Resolution #42-87 approving tentative sub-
division map of Lands of Del Monte Developers, Inc. subject to the
conditions of approval as amended on April 1, 1987 and May 6 , 1987 by
the City Council .
Council discussed establishing a policy which would determine that if
any of the homes in this development came before the Site Development
Committee prior to the decision on a zoning overlay, they would be re-
quired to be one story and of natural materials . Another suggestion
was to bring all of these homes before the full Planning Commission
rather than the Site Development Committee. Comments were also made
that the present Site Development procedure was the appropriate me-
chanism and there was the appeal process if necessary.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed unanimously to request special sensitivity to the character
of this neighborhood when reviewing proposed plans and/or projects.
4. LANDS OF REED, FILE VAR #6-87, 12998 Robleda Road, appeal of
Planning Commission' s decision concerning variance request to
exceed the maximum development area and site development permit
for construction of a swimming pool
Council had before them the 4/29/87 staff report from the Acting Town
Planner which included the recommendation that the Planning Commis-
sion' s decision to deny the variance request be upheld.
Mr. Dirk Reed, applicant, explained that when he bought the lot in
1979 they had enough development area for a pool . However, they de-
cided not to put in the pool right away but rather wait and see how it
would fit in after the house was built. When they did decide to pro-
ceed, however, the ordinances had changed and they did not have ade-
quate development area for a pool .
Council discussed the difficulty of those properties which were being
developed as the zoning ordinances changed and further noted that each
case would have to be judged individually.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed by the following roll call vote to grant the variance to
exceed the maximum development area for 12998 Robleda Road by 951
square feet for the purpose of constructing a swimming pool and deck
based on the necessary findings per Municipal Code Section 10-1.1107(b) 0MaDED 8YcIL
AYES: Mayor Tryon and Councilmembers Dronkert and Plummer 5/20/87)
NOES: Mayor Pro Tem Siegel and Councilmember van Tamelen
6- 5/6/87
PUBLIC HEARINGS (CONTINUED) :
van Tamelen stated that the new ordinances were in place and according
to staff and the Planning Commission the applicant had adequate time
to be aware of the new ordinances.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously to approve a site development permit for Lands of
Reed, 12998 Robleda Road, for a swimming pool and deck as conditioned
to the satisfaction of the City Engineer.
G. OLD BUSINESS:
1 . Ordinance # further amending Chapter 1 entitled ' zoning
of Title 10 of the Los Altos Hills Municipal Code by
amending Sections 10-1 . 1109 and 10-1. 1110 concerning
referral of matters appealed to the Planning Commission
(SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously to waive further reading of ordinance.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed unanimously to adopt Ordinance #312 further amend-
ing Chapter 1 entitled ' zoning' of Title 10 of the Los Altos Hills
Municipal Code by amending Sections 10-1. 1109 and 10-1. 1110 concerning
referral of matters appealed to the Planning Commission.
111111, 2. Ordinance # amending 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 definition of 'walkway'
and to amend the description of items to be included in the
development area and concerning adoption of a proposed
negative declaration (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed unanimously to waive further reading of ordinance.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed unanimously to adopt Ordinance #313 amending 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 definition of 'walkway ' and to
amend the description of items to be included in the development area
and concerning adoption of a proposed negative declaration
3 . Report on request from Santa Clara County for cost sharing
of traffic signal at Magdalena and Summerhill (continued
to next meeting pending receipt of additional information)
%T
7- 5/6/87
OLD BUSINESS (CONTINUED) :
it/ 4. Los Altos Garbage Company Contract
The City Manager referred to his staff report dated 4/27/87 which in-
cluded staff recommended amendments to the agreement, background in-
formation, information on the rate adjustment provision, drop boxes
and rate levels , disposal fees and clean up days and the duration of
the option term. (This report is on file at Town Hall . )
Mr. Renati, President - Los Altos Garbage Company, commented that he
agreed with the staff report, noted there would be four clean up days
in the Town and commented that there were about 200 non-subscribers to
the garbage company in the Town. The three remaining clean up days for
1987 would be the third Saturday of June, September and December.
These dates would be included in the quarterly billing from the gar-
bage company.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to direct the City Attorney to prepare a
resolution establishing the rates for collection of refuse by the Los
Altos Garbage Company at their present levels and to prepare ap-
propriate documents to amend the contract with the Los Altos Garbage
Company as described in the City Manager' s staff report dated 4/27/87.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously to agendize for a future Council meeting the
issue of unlawful disposal of garbage in the Town and the issue that
not all residents have garbage pick-up.
H. NEW BUSINESS:
1 . LANDS OF WARD, 27947 Via Ventana, request for review and
correction to approved minutes of the September 17 , 1986
Council Meeting concerning deadline for obtaining their
building permit
The City Clerk reported that she had listened to the tape of the
9/17/86 Council meeting and the applicant was correct that an error
had been recorded.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed unanimously to amend the minutes of the 9/17/86
Council Meeting as follow: second motion on page 4 should read: ' Moved
by Rydell , seconded by Tryon and passed unanimously to grant an excep-
tion to Ordinance #305 for the Lands of Ward on Via Ventana based on
the evidence presented by Mr. Ward, Mr . Moyer and Mr. Kampf at the
9/17/86 Council meeting. Due to the special circumstances of the ap-
plication, the owner will be given to 10/3/86 to file application to
be considered under the existing ordinances. '
8- 5/6/87
NEW BUSINESS (CONTINUED) :
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously to grant the Wards 90 days from the day of this
meeting to pick up their building permit. Specifically, the permit
then had to be picked up by August 4 , 1987.
2 . Request from PTA of Bullis Purissima School for the
installation of a stop sign at the Fremont Road and
Manuella crossing
PASSED BY CONSENSUS: To refer this request to the Safety Committee for
a recommendation.
Council also discussed the possibility of crossing guards , the request
for another stop sign at Fremont and Concepcion and the possibility of
a stop sign at Bullis and determined these issues could all be dis-
cussed when the Safety Committee ' s recommendation on the above issue
was received.
3 . Request of Mr. Charles Kao regarding the relocation of
the building site circle for Lot #16 Matadero Creek
The Acting Town Planner referred to her staff report dated 4/30/87
which noted that the applicant was requesting the relocation of the
building site circle so that the house with pool and tennis court
111/ could be more properly placed on the lot. The report noted that if
Council decided to consider this request, the issue should be referred
back to the Site Development Committee for a recommendation in con-
formance with the conditions of the subdivision.
Mr. Norman Burdick, applicant ' s architect, explained the design for
the property using the present site circle. While everything fit on
the property, they would prefer moving it so there could be more room
for landscaping.
van Tamelen commented that when the conditions for Matadero Creek Sub-
division were being decided upon, it was quite clear that only one lot
in the subdivision, Lot #18, could hold a tennis court.
Councilmember Plummer abstained from the vote on this issue.
PASSED BY CONSENSUS: To defer action on the request to relocate the
building site circle for Lot #16 of Matadero Creek and to suggest the
matter be referred to the Site Development Committee for review. Input
on this matter may be submitted to the Council with the recommendation
from the Site Development Committee.
4 . Request for reconsideration of a condition of approval for
Lands of Currie, File TM #3-86, O' Keefe Lane
9- 5/6/87
NEW BUSINESS (CONTINUED) :
L
Council had before them the City Engineer 's report dated 4/24/87 which
noted that the developer for Lands of Currie was requesting
reconsideration of one of the conditions of approval of the tentative
map. The applicant was not present to elaborate on this request.
PASSED BY CONSENSUS: To support staff ' s interpretation of Condition
1.D. of the conditions of approval of the tentative map.
I . OTHER BUSINESS:
1. Reports from Standing Committees:
2. Reports from Ad Hoc Committees :
J. STAFF REPORTS:
1 . City Manager:
a) Report including cost estimate for installation of
mirror on the telephone pole by the Town ' s Barn
Fran Stevenson, Chairman - Pathways, Recreation and Parks Committee,
explained their committee ' s request for a mirror to improve equestrian
visibility at the Purissima Road crossing near the Town Barn. She fur-
ihr ther noted that it would be placed high enough to hopefully avoid any
cases of vandalism.
The City Manager ' s report dated 5/1/87 on this subject noted that the
cost would be approximately $200-$500 .
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Plummer
and passed by the following roll call vote to install a mirror on the
telephone pole by the Town' s Barn on a trial basis.
AYES: Mayor Tryon and Councilmembers Plummer, Siegel and
van Tamelen
NOES: Councilmember Dronkert
Plummer at this time addressed the problem of parking at the Little
League Fields . He noted that with the ' no parking' signs and the
limited spaces for parking, cars were being ticketed by the Sheriff ' s
Department. While noting that the paths needed to remain clear for the
equestrians , it was agreed to refer this issue to the Pathways ,
Recreation and Parks Committee for review.
b) Consideration of site development review of night
time lighting
-10- 5/6/87
411, STAFF REPORTS (CONTINUED) :
PASSED BY CONSENSUS: To direct Commissioner Carico to inform the Plan-
ning Commission that the Site Development Committee consider the im-
pact of night lighting when they are reviewing a proposal .
c) Status Report on nuisance complaint filed against
Lands of Gilfoil , 13470 Carillo Lane
The City Manager referred to his staff report dated 4/30/87 (on file
at Town Hall ) which gave a status report on the storage of vehicles at
13470 Carillo Lane and noted that the Council needed to determine
whether the order to abate certain nuisances at this property had been
complied with by the property owner.
Mr. Paul Borg, 13452 Carillo Lane, presented Council with pictures
taken recently and a year ago of the property under discussion. In his
opinion the situation was worse than ever and he hoped it could be
solved.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed unanimously to state that the airplane nuisance had
been abated in that it had been moved to the rear of the house and was
screened by the house and trees.
INSW MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously to direct the City Manager to write a letter to Mr.
Gilfoil requesting that the sailboat have an additional tarp to screen
the bow and the trailer for the boat be moved and to note that the
Town will not proceed with enforcement proceedings for an additional
period of thirty days.
PASSED BY CONSENSUS: To request the City Manager to work with Mayor
Pro Tem Siegel in the composition of this letter .
d) Clarification of Council Reimbursement Policy
PASSED BY CONSENSUS: To amend the existing Council policy of reimburs-
ing Council members $20 for cost of attendance at Council assigned
meetings to ' . . . $20 or actual cost, whichever is greater ' and to
include attendance at subcommittee meetings of Council assigned orga-
nizations in this policy.
2 . City Attorney:
3. City Clerk: Report on Council Correspondence dated 4/30/87
4 . Council Business:
a) Mayor
thaw
—11— 5/6/87
STAFF REPORTS: COUNCIL BUSINESS - MAYOR (CONTINUED) :
1) Request from James Beall , Metropolitan Transporta-
tion Commission representative, for support of the
Regional Transportation Improvement Program Highway
Priority List
PASSED BY CONSENSUS: To support the Regional Transportation Improve-
ment Program Highway Priority List as requested by Mr. Beall .
2) Acceptance of plaque from the Los Altos Festival
of Lights Parade Association for the Town' s support
of the 1986 parade
b) Councilmembers
1) van Tamelen: City Manager ' s Participation in
Community Health Abuse Tennis Tournament
It was agreed that Council would support the City Manager ' s participa-
tion in this tournament if he wished to play.
2) van Tamelen: North County Library Authority
van Tamelen reported that the Authority had met but had not yet set a
rate amount for parcels .
3) van Tamelen: Community Health Abuse Council
van Tamelen reported that the Community Health Abuse Council had
temporarily moved into a house owned by the City of Mountain View.
4) Plummer : noted he would be absent at the next
Council meeting
K. ADJOURNMENT:
There being no further new or old business to discuss, the City Coun-
cil adjourned at 10 :15 p.m. in memory of Easton Rothwell , one of the
original founders of the Town who recently passed away, to an Ad-
journed Regular Meeting at 4 : 00 p.m. on Thursday, May 7 , 1987.
Respectfully submitted,
Patricia Dowd, City Clerk
44,
-12- 5/6/87