HomeMy WebLinkAbout07/01/1987 CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California 94022
MINUTES OF A REGULAR MEETING
Wednesday, July 1, 1987
cc: Reel 186 , Tr. I , Side II , 001-end
Mayor Tryon called the Regular Meeting of the City Council of the Town
of Los Altos Hills to order at 6 :40 p.m. in the Council Chambers at
Town Hall .
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Tryon and Councilmembers Dronkert, Plummer and
Siegel
Absent: Councilmember van Tamelen
Staff: City Manager George Scarborough, City Attorney Frank
Gillio, City Engineer Michael Enright, City Planner
Nancy Lytle and City Clerk Pat Dowd
Planning
Comm: Marc Kaufman
B. INTERVIEWS AND APPOINTMENTS TO PLANNING COMMISSION AND STANDING
COMMITTEES:
Council had received two applications for the Planning Commission in
addition to Mrs. Carico ' s letter requesting reappointment. Mrs . Viole
Stamness , 26010 New Bridge Drive, was not present for the interview.
Mrs. Judith Carico, 25311 O' Keefe Lane, expressed her interest in
continuing to serve on the Planning Commission and commented on the
several important projects included on the Commission' s work program.
Dr. Howard Martin, 11666 Dawson Drive , stated that he was familiar
with the Town ' s General Plan and thought highly of the new zoning
ordinance. He commented on the importance of protecting the rural
environment of the Town and noted that he was aware of the time
involved in serving on the Planning Commission.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed unanimously by all members present to reappoint Judith
Carico to the Planning Commission for a term of four years ending June
30 , 1991 .
B. INTERVIEWS AND APPOINTMENTS TO PLANNING COMMISSION AND STANDING
l COMMITTEES: (continued)
�+ Council had received four applications for the two vacancies on the
Pathways , Recreation and Parks Committee.
Barbara Danluck, 23423 Toyonita Road, Gwendolyn Kratz , 27789 Via
Ventana and Barbara Ugie, 24970 O' Keefe Lane, each addressed the
Council expressing their interest in serving on the committee and
noting they were aware of the time commitment involved. Mr. Barrie
Freeman, 26922 Dezahara Way, was out of town but Fran Stevenson,
Chairman of the Pathways, Recreation and Parks Committee, stated that
Mr. Freeman had attended some of their meetings and was very
interested in participating on the committee.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously by all members present to appoint Barrie Freeman to
the Pathways, Recreation and Parks Committee for a term of two years.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed unanimously by all members present to appoint Gwendolyn
Kratz to the Pathways , Recreation and Parks Committee for a term of
two years.
Council thanked everyone who applied for the Planning Commission and
the Pathways , Recreation and Parks Committee and asked those present
if they would be interested in serving on one of the other committees
46. which had vacancies. Dr . Martin responded that he would be interested
in the Roads and Drainage Committee. He was advised that at this time
there was not a vacancy on this committee but his application would be
kept on file and he would be notified. Mrs. Danluck and Mrs . Ugie both
stated they would be interested in other committees.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and
passed unanimously by all members present to appoint Barbara Danluck
to the Safety Committee for a term of two years.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously by all members present to appoint Barbara Ugie to
the Community Relations Committee for a term of two years.
C. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously by all members present to approve the Consent
Calendar, specifically:
1. Approval of Minutes: June 17, 1987
2. Approval of Warrants: $17, 472.58 (6/30/87)
$97, 835. 81 (7/1/87)
2_ 7/1/87
C. CONSENT CALENDAR (continued) :
kbv 3 . Resolutions for Adoption:
a) Resolution #57-87 approving and authorizing execution of
agreement between the County of Santa Clara and the Town
of Los Altos Hills for cost sharing of the traffic signal
control system installation on Magdalena Avenue at
Summerhill Avenue
b) Resolution #58-87 approving and authorizing execution of
an encroachment permit agreement between the Town of Los
Altos Hills and the County of Santa Clara concerning
traffic signal installation (Magdalena and Summerhill)
c) Resolution #59-87 accepting offers of dedication of
Liddicoat Circle, Liddicoat Drive, Amherst Court, Harvard
Court, Stanford Court and Yale Court for public street
purposes.
d) Resolution #60-87 approving and authorizing execution of
addendum to agreement between the Town of Los Altos Hills
and Frank Gillio
e) Resolution #61-87 approving final parcel map for Lands of
Accola (27461 Sherlock Road)
f) Resolution #62-87 setting the time and place of a public
hearing to consider all objections or protests to the
proposed adoption of the Palo Alto Sewer Service Charge
Final Report
4. Monthly Financial Report (May 1987) : Informational Item
5. Time Extension Request: Lands of Elmberg, File TM #12-84 , Taaffe
Road east of Dezahara
D. PRESENTATIONS FROM THE FLOOR:
Mr. David Proft, 26271 Moody Road, commended the Planning Commission
on their prompt actions at their last meeting concerning the
conditional use permit review for Hidden Villa with Santa Clara
County. The Chairman of the Commission had written a letter to the
County Planning Department and as a result the review by the County
had been continued for ninety days.
E. REPORT FROM THE PLANNING COMMISSION: (continued) :
Commissioner Kaufman reported that the following issues were discussed
at the 6/24/87 Commission meeting: 1) The City Attorney' s presentation
on R-A-1 zoning ordinance; 2) Setting the public hearing for the
tentative map for Lands of Clausen for the next Planning Commission
Sir
3- 7/1/87
E. REPORT FROM THE PLANNING COMMISSION:
Ibr
meeting with the understanding that the application was incomplete and
the applicant was requesting exceptions from the Town' s Subdivision
Ordinances; 3) Hidden Villa Conditional Use Permit Review for Lands of
Hidden Villa; 4) Lands of Bellucci, File TM #1-86 , Tentative Map -
thirty day extension granted by Mr . Gaither, authorized agent for
Bellucci applications; 5) public hearing on minor variances and
modification to the variance findings; 6) clarification and rotation
of Planning Commission terms; 7) request for minor changes to
Commission ' s work program; and 8) request for Council direction in the
matter of the R-A-1 Zoning Ordinance as a result of the consensus of
the Planning Commission that 'no R-A-1 Zoning Ordinance is required in
the Town' .
F. PUBLIC HEARING:
1. Consideration of amendment to the General Plan of the Town
of Los Altos Hills by adoption of a revised Housing Element
together with a negative declaration relating thereto
PortoSteve Gaither, 140 Golden Oak Drive/acommentteedIDthat�hee had?/no/87)
criticism of the draft housing element but he did wonder if Council
felt there had been an adequate analysis of the need in Los Altos
Hills for senior housing. Mr. Gaither also asked what it would take to
explore the feasibility of senior housing and questioned whether
0111, Council would endorse a survey of the residents concerning this issue.
Siegel noted that he had made some comments on the draft housing
element in a memo dated 7/1/87. He had particular concerns about pages
39-42 especially regarding Program 13 . He stated that the term
' feasibility of a variety of senior housing' was very vague and if
left in the draft housing element needed to be much more specifically
defined.
Dronkert stated that there was senior housing in the Town already.
Secondary dwellings adtitcsscU dit--ttet-cheek-44t-r
Ga4 t4. p —see e+tc sicee--geeMM-ne»t-to-tk)r-Terex could address the Pr ram 13 issue
(AMEPIDID BY CCOUNCII. 7/15/87)
MOTION SECONDED AND WITHDRAWN: Moved by Siegel , seconded by Dronkert
and withdrawn to delete Program 13 from the draft housing element.
Plummer asked what the reasons were for including Program 13 in the
draft housing element and he also expressed concerns about deleting
this section without replacing it with another option. He felt the
housing element was a general document and the wording of Program 13
should be modified rather than eliminated altogether.
Lori Scott, Planning Consultant, noted that the discussion of senior
housing first came up during a Planning Commission study session. It
was not a decision to support senior housing but it was considered
4- 7/1/87
F. PUBLIC HEARING: Draft Housing Element (continued) :
worthwhile to put it in the draft housing element as an option.
Commissioner Kaufman noted that the Commission considered this a
'draft' document and further commented that there may be locations in
Town where senior housing might be appropriate.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed unanimously by all members present to continue the public
hearing on the draft housing element to the next Council meeting, to
request any comments/suggestions , etc . on the draft housing element
from the Council and Commissioners be submitted to the Planning
Consultant, Lori Scott for review and preparation of revision prior to
the next meeting.
G. OLD BUSINESS:
Robert
1. Resolution # concerning annexation for Lands of/ Riley,
12241 Stonebrook Drive (AMWDED BY COUNCIL 7/15/87)
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously by all members present to adopt Resolution #63-87
initiating reorganization proceedings for annexation and detachment of
I IL certain uninhabited territory designated as the Riley annexation
described herein, and setting the date, time and place for
consideration of such reorganization.
i
2 . Comments on resubmittal of Neary Quarry Reclamation Plan
The Town Planner referred to her staff report dated 6/24/87 which
noted that staff had again requested an extension of the review period
on the 'completeness of application' for the resubmitted mining
reclamation plan for Neary Quarry, in order to allow comments from the
City Council . The report also included the recommendation that the
Council adopt the position expressed in the Town Planner' s letter to
Mr. Sarkisian, Land Development Coordinator - Santa Clara County,
dated 6/24/87.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously by all members present to adopt the position
expressed in the June 24, 1987 letter to Mr. Sarkisian from the Town
Planner. (This letter is on file at Town Hall . )
H. NEW BUSINESS:
1. Request for an encroachment permit, Gerard Homes , for a
wall at the intersection of Berry Hill Court and Berry
Hill Lane
Council had before them a request from Gerard Homes to construct a 30 '
long, 38" high wall made of used brick at the entrance to their new
ifty subdivision.
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H. NEW BUSINESS: Item 1 - Gerard Homes - encroachment permit - (cont. )
Loren Nelson, Gerard Homes, noted that no lights or signs would be
placed on the wall . He further commented that he was available to
answer any questions Council might have.
MOTION SECONDED AND WITHDRAWN: Moved by Siegel , seconded by Plummer
and withdrawn to grant an encroachment permit for a wall as requested
by Gerard Homes.
Council discussed who would be responsible for the maintenance of the
wall . Loren Nelson said he did not know whether Gerard Homes would be
agreeable to maintaining the wall .
PASSED BY CONSENSUS: To continue this item until the issue of
maintenance of the wall was clarified.
2 . Request for an encroachment permit for existing pool , pool
house, fence and decking - Catherine Court
The City Engineer referred to his staff report dated 6/22/87 which
gave the background on the permits obtained in 1979 for the pool , pool
house and decking at 26201 Catharine Court. Recently it was discovered
that the pool , pool house and decking encroached into the open space
easement and the pool house was less than thirty feet from the
11111/ property line.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and
passed unanimously to grant the request for an encroachment permit for
existing development within an open space, equestrian and pedestrian
pathway and storm drainage easement and to direct the City Attorney to
prepare the necessary documents.
3 . Lands of Anderson/Lee, 23760 Fernhill Drive, request for
more development area than allowed under new ordinance
Rita Anderson and Rhone Lee, applicants, addressed the Council and
explained their predicament of being caught in the middle of the
Town' s ordinances . Prior to buying the house, they were informed that
approvals had been obtained for a proposed pool and patio site. In
addition a real estate review letter had been written in May 1986
which stated that they had approximately 3 , 980 square feet remaining
of development area. However, when they prepared to have these
improvements done, they were informed that due to the new ordinance,
they did not have enough development area.
Bob Wentz , builder of the house, confirmed that when the house was
built a pool site was included and there were a certain number of
square feet specifically not used at that time for the house and kept
for a pool . He stated that it was very difficult for a builder to
state certain options to a buyer and then find out that the options
�/ are not available.
6- 7/1/87
H. NEW BUSINESS: Item 3 - Lands of Anderson/Lee (continued) :
Kirby Date and Peter Shaw, landscape architects, explained to the
Council the development figures for the property which presently
exist, would be allowed under the old ordinance and would be allowed
under the new ordinance. They indicated that their clients were
attempting to keep the natural look of the property and were
requesting a compromise amount of development area between the old and
new ordinances.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed by the following roll call vote to approve an additional
3, 191 square feet of development area for a pool and landscape plan at
23760 Fernhill Road.
AYES: Mayor Tryon and Councilmembers Dronkert and Plummer
NOES: Mayor Pro Tem Siegel
ABSENT: Councilmembers van Tamelen
Council determined the findings to grant relief in this case due to
the original approvals for the development of the property and the
belief of the new owners that they had approval for the pool and
landscaping plans as substantiated by the builder, real estate agent
and real estate review letter from the Town.
To clarify these situations in the future, it was agreed that the City
Manager will prepare and send a letter to those property owners who
have received real estate reviews and who would be impacted by the new
ordinance. Specifically, this letter will address the issue of pools.
4. Lands of Chan, Lot #13, Matadero Creek - request for
Council to waive the 44% requirement or increase the MDA
from 10, 140 square feet to 14 , 400 square feet to accommo-
date the house footprint area.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed by the following roll call vote to continue this item until the
applicant has submitted plans of the proposed residential development
and staff has had an opportunity to analyze them and prepare a
recommendation.
AYES: Mayor Tryon and Councilmembers Dronkert and Siegel
NOES: None
ABSENT: Councilmember van Tamelen
ABSTAIN: Councilmember Plummer
Dr. Howard Martin, 11666 Dawson Drive , expressed real concerns about
the request on the agenda relating to Lot #13 at Matadero Creek. Dr.
Martin stated this was specifically addressed in the revised zoning
ordinance. The Mayor informed Dr . Martin that Matadero Creek
Subdivision had additional rules and regulations because it was the
[ Town' s subdivision
7 7/1/87
H. NEW BUSINESS: Item 5 - Lands of Kerman (continued) :
tilmr
5. Lands of Kerman, Lot #14, Matadero Creek - request to
build a cottage three feet outside the building circle
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and
passed by the following roll call vote to continue this item until the
applicant has submitted plans of the proposed residential development
and staff has had an opportunity to analyze them and prepare a
recommendation.
AYES: Mayor Tryon and Councilmembers Dronkert and Siegel
NOES: None
ABSENT: Councilmember van Tamelen
ABSTAIN: Councilmember Plummer
I . OTHER BUSINESS:
1. Reports from Standing Committees :
a) Roads and Drainage Committee: annual report on file
at Town Hall
' 2 . Reports from Ad Hoc Committees:
J. STAFF REPORTS:
) 4111v
1. City Manager:
a) Consideration of accepting public dedication of
certain roads
•
The City Manager referred to his staff report dated 6/23/87 which
included the recommendation that the Council direct the City Attorney
to prepare appropriate documents to accept the offer of dedication of
all streets listed in the 6/23/87 report excluding Francemont. The
City Manager further noted that these roads were offered for
dedication at the time of subdivision, the dedications were rejected
by the Council and have not since been accepted. Francemont was being
excluded as it was a substandard street and not built to Town
standards .
Mrs. Joyce Clarke, 12544 Corbetta Lane, referred to her letter dated
6/18/87 which outlined the history of Corbetta Lane and their
understanding that it had always been a public road.
Siegel expressed serious concerns about including Corbetta Lane at
this time because of the high cost of approximately $100 , 000 . He
suggested deferring the acceptance of Corbetta Lane until further
information was obtained on financing, scheduling of project, impact
on other approved projects and potential need for easements from
IOW neighbors.
8 7/1/87
J. STAFF REPORTS: Item 1.a) (continued) :
MOTION SECONDED AND FAILED: Moved by Dronkert, seconded by Plummer and
failed by the following roll call vote to direct the City Attorney to
prepare the appropriate documents to accept the offer of dedication on
all streets listed on the 6/23/87 report excluding Francemont.
AYES: Councilmember Dronkert and Plummer
NOES: Mayor Tryon and Mayor Pro Tem Siegel
Tryon stated that she voted against the motion because of her concerns
for potential liabilities as related to the poor condition of Corbetta
Lane.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and
passed unanimously by all members present to direct the City Attorney
to prepare the appropriate documents to accept the offer of dedication
on all streets listed on the 6/23/87 report excluding Francemont and
Corbetta Lane and to direct staff to prepare a report for the next
Council Meeting on the condition of Corbetta, the need for
improvements , the impact on capital outlay projects, financing and the
potential liability of the road.
PASSED BY CONSENSUS: To approve the City Manager ' s request to expend
monies for preliminary geotechnical work on Corbetta Lane.
116,
b) Report on flashing yellow beacon, Bullis School
Crosswalk, Fremont Road at Fremont Pines
PASSED BY CONSENSUS: To continue this item to the next Council Meeting
pending comment from the Bullis School PTA.
c) Setting date for joint study session with Planning
Commission on Neary Quarry Project and Variance
Policy
PASSED BY CONSENSUS: To schedule a joint study session with the
Planning Commission on the Neary Quarry Project for Thursday, July 23,
1987 at 4: 00 p.m.
2 . City Attorney:
3 . City Clerk: Report on Council Correspondence dated 6/24/87
4 . City Engineer:
a) Consideration of request for temporary barrier:
Adobe Lane
Mr. Sullivan, 25449 Adobe Lane, explained the recent accident where a
car went through their kitchen and their subsequent request for a
barrier or guardrail of some kind to prevent this from happening again
in the future.
y_ 7/1/87
J. STAFF REPORTS: Item 4 (continue) :
L
PASSED BY CONSENSUS: To refer Mr. Sullivan' s letter and the 6/24/87
staff report prepared by the City Engineer to the Safety Committee for
a recommendation. Further to request the Safety Committee to consider
the issue of signs along this portion of El Monte.
5 . Council Business:
a) Mayor
1) Letter from Mr. and Mrs. Burnell , 27911 Black
Mountain Road, stating concerns about current
setback regulations
The Mayor reported that there had been a misunderstanding in the
Burnells ' letter concerning setbacks and reference lines and at this
time the Council did not need to discuss the letter from the Burnells.
b) Councilmembers
1) Dronkert: Meeting on Inverse Condemnation and
Eminent Domain scheduled for 7/16/87
might be of interest
2) Dronkert: Status report on progress of Los
' kr Gatos Creek Trail through San Jose
3) Dronkert: Recent article from San Jose Mercury
concerning little girl on Olive Tree
Lane pinned•-by l,ei =emir's-Lai ----to
be-g iaow-{-e-H4-e4eM col-.See4c ty who wanted tr
( live in a normal place when she grew up.*
4) Plummer: Agendize discussion of subregional
policy in the County Solid Waste
Management Plan
5) Siegel : Town Newsletter
Siegel expressed concerns about the most recent Town Newsletter and
the article on Cable TV. In his opinion, the article made it sound as
if the entire issue of cable tv had been resolved and worked out
rather than the fact that the Council authorized entering into
negotiations. It was noted that there is a sub-committee of the
Council to review articles for the newsletter.
6) Siegel : Agendize for the next Council meeting
a statement from the Council urging
the Los Altos City Council to ban fire
works
�,.
*(AMENDED BY COUNCIL 7/15/87)
-10- 7/1/87
J. STAFF REPORTS: Items - Council Business (continued) :
imme
7) Siegel : Agendize for the next Council meeting
consideration of the Planning
Commission' s report on R-1-A Zoning
8) Siegel : Agendize for the next Council meeting
consideration of a letter received by
Council from Ray Rossi concerning a
landscape deposit
K. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 9 : 30 p.m.
Respectfully submitted,
kir Patricia Dowd, City Clerk
L
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