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HomeMy WebLinkAbout05/21/198626379 FREMONT ROAD. 109 ALTOS ILLS. CALIFORNIA 24022 1 122. CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, May 21, 1986 cc: Reel 177, Tr. II, Side II, 001 -end, Reel 178, Tr. I, Side I, 001-191 ayor Fuhrman called the Regular Meeting of the City Council to order at 7:30 .m. in the Council Chambers at Town Hall. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Fuhrman and Councilmembers Dronkert, Rydell, Tryon and van Tamelen Absent: None Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, Engineering Technician Bill Ekern and City Clerk Pat Dowd Planning Comm: Judy Carico B. CONSENT CALENDAR: Items Removed: B.1, B.3(a) and B.4(b) (Tryon) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Rydell and passed unanimously to approve the balance of the Consent Calendar, specifically: 2. Approval of Warrants: $22,642.68 4. Resolutions for Adoption: a) Resolution #66-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Somekh, 25625 Moody Road - new resi- dence esidence c) Resolution #67-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Binder, 25320 La Loma Drive - major addition) d) Resolution #68-86 ordering the performance of certain work (Conejo Court Reconstruction and Viscaino Court Reconstruction) e) Resolution #69-86 ordering the performance of certain work (E1 Monte Road Median Guardrail) f) Resolution #70-86 endorsing the proposed traffic con- trol device inventory project 5. Statement of support for AB3324 - Assembly Bill prohibiting sale of any leaf blower which creates a noise level exceeding 65 decibels 6. Approval of settlement concerning Brodhead Steel and Modern Alloy litigation - Edith Avenue Bridge Contract C. PRESENTATIONS FROM THE FLOOR: D. REPORT FROM THE PLANNING COMMISSION: Commissioner Carico reported that the following were approved at the 04W 5/14/86 Commission Meeting: Lands of Wong, 13456 Mandoli Drive - Site Development Permit for satellite antenna; Lands of Borrall, 27800 Cen- tral Drive - conditional use permit for secondary dwelling; Lands of Owlwood Farms, 24970 O'Keefe - annual review, conditional use permit. Lands of Prodromou, 14975 Page Mill Road, were discussed for the pre- liminary review of the siting of the proposed secondary dwelling unit. The preliminary review of the proposed tentative map for Lands of Bellucci was withdrawn by the applicant. In conclusion, Commissioner Carico reported that the election of Chairman and Vice Chairman of the Commissioner was postponed until after the June appointments to the Commission. E. PUBLIC HEARINGS: 1. LANDS OF PALMER, 27680 Saddle Court, request for a special land use permit to allow construction of a new residence having a height in excess of fifteen feet The Engineering Technician referred to the Planner's staff report dated 5/14/86 which noted that the Site Development Committee recommended approval of the special land use permit based on the project's conformance with the guidelines for Ordinance #300. Mr. Palmer, applicant, commented that the driveway had been redesigned to comply with the fire department's code. He also noted that Council iW recommended the use of fire retardant roofing. -2- MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously to delete Condition 3 of the Site Development Permit as follows: 'arrange with adjacent lot owner for common driveway to minimize impact of grading'. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to grant a special land use permit for the Lands of Palmer based on the project's conformance with the guidelines for Ordinance #300. 2. LANDS OF BOB OWEN HOMES, INC., 13575 Fremont Road, request for a special land use permit to allow construction of a new resi- dence having a height in excess of fifteen feet The Engineering Technician referred to the City Planner's staff report dated 5/15/86 which included the Site Development Committee's recom- mendation that a special land use permit be granted based on the project's conformance with the guidelines for Ordinance #300. van Tamelen referred to the Conditions of Approval for the tentative map for Lands of Huth in 1980, specifially Condition 10.A which restricted the amount of impervious surface for this particular lot to 17,418 square feet. van Tamelen further commented that there was concern at that time about over development of the lots and thus the conditions were amended to reflect that concern. In her opinion the conditions were valid and needed to be complied with even though the Town was using different formulas for the urgency ordinance. kw Mr. Ken Pastrof, applicant's representative, noted that they had been surprised when advised of the conditions. While it was possible for them to reduce the amount of development area to comply with the conditions, he noted that four other lots had been sold in this subdivision and he questioned which conditions/formulas they were required to follow. In response to this question, the City Attorney noted that he would prepare a response upon receipt from Mr. Pastrof of a detailed letter stating his concerns. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Rydell and passed by the following roll call vote to grant a special land use permit for the Lands of Bob Owen Homes, Inc., 13575 Fremont Road, based on the project's conformance with the guidelines for Ordinance #300 with the stipulations that the developer conform to the condi- tions of approval for the tentative map for Lands of Huth, specifi- cally condition 10.A limiting the amount of impervious surface for 13575 Fremont Road to 17,418 square feet and that the developer conform to the 27' height limitation of Ordinance 4300. AYES: Mayor Fuhrman and Councilmembers Dronkert, Rydell and Tryon NOES: Councilmember van Tamelen -3- van Tamelen stated that she did not vote for approval of this special land use permit because it was not in conformance with the conditions of approval for the original Huth Subdivision. 3. LANDS OF HAECKL, Lot #25, Blandor Way, request for a special land use permit to allow construction of a new residence having a height in excess of fifteen feet The Engineering Technician presented the Planner's staff report dated 5/16/86 which noted that the Site Development Committee had not made a recommendation to Council on the proposed residence as the project was 508 over the guidelines for building coverage and maximum develop- ment area. However, the committee did comment that the residence was nicely designed, had a low profile and was single story. Mr. David Takamoto, applicant's architect, explained the siting of the proposed residence, the design of the house, the use of natural colors in the project and the use of landscaping as a mitigating factor for visual impact. Mr. Takamoto noted that while it was not a large lot, there was a large amount of open space. It was further noted that the neighbors all approved of the proposed project. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to grant a special land use permit for Lands of Haeckl based on the project's substantial conformance with the guide- lines of Ordinance #295 and conformance with the intent of Ordinance #295. Council commented on the careful and thoughtful design of the proposed project and congratulated the architect and applicants on a well done development. 4. LANDS OF WRIGHT, 14185 Miranda Avenue, request for a special land use permit to allow construction of an addition having a height in excess of fifteen feet The Engineering Technician presented the Planner's staff report dated 5/15/86 which included the Site Development Committee's recommendation that a special land use permit be granted based on the project's con- formance with the guidelines for Ordinance #295. Mrs. Barbara Wright, applicant, commented that they had been working on this addition for over a year and had made every effort to conform to the Town's regulations. She did suggest that it might be far less confusing to applicants if the regulations were less complicated and more uniform. Mr. John Hearn, 14221 Miranda, stated that he was the next door neighbor of the Wrights and he was pleased with the outcome of the efforts of the Wrights and the staff to work together; he had no concerns with the design of the project as presented. -4- Mr. Bob Waterman, applicant's designer, presented colored renditions of the proposed project which emphasized the use of landscaping in the proposed project. SII MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to grant a special land use permit for the Lands of Wright based on the project's conformance with the guidelines for Ordinance #295. A OLD BUSINESS: 1. Ordinance 4303 of the City of the Town of Los Altos Hills amending Chapter 6 entitled "Signs and Advertising Structures" of Title 8 of the Los Altos Hills Municipal Code concerning the size of permitted advertising displays (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to adopt Ordinance #303. S -Curve Project The City Manager reported that while he had no additional informa- tion in writing, staff had spoken with O'Grady Paving and had received new bid information, specifically the bid amount was now $247,571 plus 998 --co "tt-detriexr*costs. In addition there would be a change order to the contract reflecting amended costs of the retaining wall and traffic control costs. The City Manager further commented that final documents would be prepared for Council for approval at the next meeting; however, he was requesting consensus from the Council that as a policy matter they were willing to pro- ceed with the S -Curve project. *staff estimates 208 contingency (AbEIPED BY COUNCIL 6/4/86) The City Attorney commented that also at the next meeting Council would have before them the documents related to the Lands of Win- bigler on Fremont Road and dedication of certain of their property to the Town. In addition, the public hearing was scheduled for the next meeting on the issue of Lands of Miller on Fremont Road and eminent domain. PASSED BY THE FOLLOWING ROLL CALL VOTE: To approve as a matter of Council policy proceeding with the S -Curve Project based on the following figures: total bid amount = $292, 811 and change order = $132,210 deduction and $86,970 addition. AYES: Mayor Fuhrman and Councilmembers Rydell, Tryon and van van Tamelen NOES: None ABSTAIN: Councilmember Dronkert Q.70 3. Town Newsletter Policy to Tryon reported that she and Councilmember van Tamelen had reviewed the Town's newsletter policy and the proposed new policy before Council had also been discussed with Ed Barnes and Mike Myers of the Community Relations Committee. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously to adopt the Town's Newsletter Policy as follows: 'It shall be the policy of the Town of Los Altos Hills to cause to have published a quarterly newsletter each March, June, September and December to keep residents informed of Town activities and ser- vices in order to promote community awareness and involvement. It shall be the goal of this policy to assure that the newsletter remains informative, accurate, objective and non-political to the greatest extent possible. The newsletter shall be published under the direction of the City Council of the Town of Los Altos Hills. The City Council shall delegate responsibility for preparation of the newsletter to the Community Relations Committee, and shall appoint an editor who shall be a member of the committee. The editor shall develop the content of the newsletter from among the following sources: Actions of the City Council and Planning Commission, Messages from the Mayor or Councilmembers, Reports from the City Manager, News of Town activities, Information regarding Town services, Facts about the Town, and Articles of general interest from Town volunteers. The editor shall develop an outline of the subjects to be covered in each proposed newsletter with a two -member Newsletter subcommittee of the City Council. The final draft shall also be approved by this subcommittee, working with the editor and the Chairman of the Community Relations Committee, before printing. The City Manager shall review the approved final draft and, if he deems appropriate, obtain the opinion of the City Attorney for recommendations to the subcommittee.' Items Removed from the Consent Calendar: a) Approval of Minutes: May 7, 1986 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed by the following roll call vote to approve the 5/7/86 Council minutes with the following amendments: page 4, Item 3 - clarify title of ordinance by adding (antenna ordinance); page 5, Item F.4.b) PASSED BY CONSENSUS: To delete this item from the agenda as the applicant was planning to redesign the project; page 5, Item G.1, last paragraph amended to read: . .until the water well on the adjacent Lands of Von Huene has been sealed. . . . page 5, Item H.l.a) BAREPP should be spelled out to read Bay Area Regional Earthquake Preparedness Project; page 6, Item H.2.a), 40 second paragraph - 39 should be changed to 30; page 9, Item I, l.d) 9 roll call vote should be directed to reflect that Councilmember f Tryon abstained and Councilmember Dronkert voted in favor of the motion; and page 10, Item 3.1) amended to read:' . explaining the repair schedule, specifically for the manholes on Altamont and the Black Mountain path AYES: Mayor Fuhrman and Councilmembers Dronkert and Tryon NOES: None ABSTAIN: Councilmembers Rydell and van Tamelen b) LANDS OF BORRALL, FILE CUP #1-86, 27800 Central Drive - conditional use permit - secondary dwelling unit Tryon questioned condition two of the conditional use permit which stated that the secondary dwelling could be used only for relatives and non-paying guests. Weren't caretakers also an appropriate use? 1PI3e-f y-Kaaage[semweaLe&-thatxhe._pbrase-was_from-thedi mance tart-was-sabj'eet be -staff -inter-[ eEdt ien�-x MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to concur with the Planning Commission's approval of the conditional use permit for Lands of Borrall, File CUP #1-86 C) Resolution # setting the time and place of public hearing on an application for a special land use permit (Lands of Wong, Lot #40 - Dawson Drive - new residence) Tryon removed this from the Consent Calendar as the address of the project was not stated in the resolution. It was noted that the project was on Dawson Drive. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to adopt Resolution #71-86 setting the time and place of public hearing on an application for a special land use permit (Lands of Wong, Lot #40 - Dawson Drive) G. NEW BUSINESS: 1. Request from Mr. Del Castello, 28540 Matadero Creek Lane, concerning location of fence The Town Planner's report dated 5/14/86 included a background of the request for an encroachment permit for an existing fence in the open space easement. The Council at their 2/5/86 meeting had directed staff to proceed with enforcement procedures to have the fence removed. Mr. Del Castello had since requested an encroachment permit for said fence. The staff's recommendation was that the request be denied as the fence is not consistent with the CC&Rs of the sub- division nor the terms of the owner's certificate of the final map. 4W *Yes, caretakers were an appropriate use and the Planning Commission would so note this on the conditions and the applicant, and any other applicants, Q -,o had not received the correct information, would be so notified. (AMENDED BY COUNCIL 6/4/86) ba Mr. Del Castello, applicant, explained that when his neighbor Mr. Davis proceeded with his fence he understood that it would be allowable for him to have the same kind of fence as they had adjoining properties. He further commented that he traveled quite a bit, was unaware of the permit process and did not realize until the project was almost completed and red-tagged that he had not followed the correct step Mr. Stan Davis, 28545 Matadero Creek Lane, explained the process he had gone through to have a fence and he further presented the Council with an explanation of the exact type and location of fence being discussed. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed by the following roll call vote to direct the City Attorney to prepare an encroachment permit for Lands of Del Castello. AYES: Mayor Fuhrman and Councilmembers Dronkert, Rydell and Tryon NOES: Councilmember van Tamelen 2. Request from Mr. Lohman, 25567 Willow Pond, for Town to grant access to the Town-owned property at Rhus Ridge and Moody Road for the purpose of rebuilding the dam and facilities in Adobe Creek The City Manager referred to his staff report dated 5/16/86 which noted that the dam Mr. Lohman refers to has been a controversial issue in the past. In addition the City Manager noted that several kir permits may be required for this project from outside agencies (Army Corps of Engineers, State Department of Fish and Game and Santa Clara Valley Water District). Staff's recommendation was that no action be taken on this request until the applicant had obtained the required permits. Mr. Lohman, applicant, explained that they had lived on the property for over twenty years and one of the main reasons they had moved there was the pond. They were willing to look at other options, how- ever, and it was agreed he would discuss this matter with the City Engineer and the issue would be discussed at a later Council meeting. 3. Request from Dr. Chen, 26879 Taaffe Road, for an encroachment permit for a brick sidewalk The Engineering Technician presented his staff report dated 5/15/86 which outlined the background of the request for an encroachment permit. In November of 1985 a stop work notice was placed on the construction of a sidewalk and pillars in the right-of-way. In February 1966 the Council denied the request for an encroachment permit and staff was directed to meet with the applicant to explain exactly what could or could not be done. Although this was done, the sidewalk was still built in the right-of-way. Staff's recommen- dation was to deny the request for an encroachment permit as develop- kW evelop-k ment is not allowed in the right-of-way and there is also a safety concern. Dr. Chen, applicant, explained that he had not realized they needed tar permits for this work. He further commented that he did not feel it was hazardous; the sidewalk was for appearance only, not for practical purposes. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to deny the request for an encroach- ment permit for Lands of Chen, 26879 Fremont Road, and to advise Dr. Chen that he is required to remove the sidewalk from the right- of-way. Request from American Lung Association for a cycling tour Council had before them a request from the American Lung Association to hold a cycling tour on June 22, 1986, part of which will take place in the Hills. The City Manager reported that they had provided for the appropriate insurance coverage and had complied with the suggestions from the Sheriff's Department. Rydell commented that he was familiar with other races held by this association and they were quite well organized. PASSED BY CONSENSUS: To concur with the request from the American Lung Association for a cycling tour in the Town on June 22, 1986 with the notation that the association should notify the residents on the proposed route of the tour. 4Wi. OTHER BUSINESS: 1. Reports from Standing Committees: a) Pathways Committee: 1.) Request for Town to participate in Foothill College Plan for a horse path The City Manager referred to his staff report dated 5/16/86 which noted that Foothill College has suggested that the college, the Town and the Los Altos Hills' Horsemens' Association share in the cost of construction of a path that would parallel the present par course on the Foothill property. The proposed expenditure to the Town would be approximately $9,500 which cost distribution the staff felt was reasonable. In response to a question from Rydell concerning priorities, the City Manager responded that this project would not impact the scheduled road repair in the Town. Mr. Robert Stutz, Horsemens' Association, gave a brief background on the existing trail through the College and commented that although the Association did not have many funds, they were willing to con- tribute some materials and labor toward the completion of the project. Mrs. Mary Stutz, Chairman - Pathways, Parks and Recreation Committee, noted that their committee had reviewed this request at a special iw meeting and were in agreement with the request. SD LV -10- MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to approve participation with Foothill College for construction of a horse path that will parallel the present par course on Foothill property based on Foothill College and the Town entering into a formal use agreement to allow public use of the path. 2. Reports from Ad Hoc Committees: a) Heritage House: Fuhrman reported that the new flooring had been installed in the House. Also, the dedication of the House may be changed from July to September. The committee would be meeting again soon and an additional report on this would be forthcoming to the Council. 3. Council Business: a) van Tamelen: Helen Putnam Award van Tamelen requested the City Manager to send for an application for the Town to participate in the Helen Putnam Award for Excellence which recognizes achievement in managing resources to carry out public policy in a progressive, timely and cost effective manner. b) van Tamelen: Community Health Abuse Council L van Tamelen reported that the Community Health Abuse Council would be holding a bridge and tennis tournament the last weekend of May. C) Tryon: Emergency Handbook - Draft Tryon reported that she had a draft of the Town's emergency handbook which she would route to Councilmembers for their comments prior to printing. d) Dronkert: Intergovernmental Council Dronkert reported that she would work with the City Manager to for- mulate comments for the Solid Waste Task Force. Council concurred with this action. e) Commissioner participation in Council Meetings In response to a question from Commissioner Carico as to the level of participation on the part of the Planning Commission representa- tive to Council meetings, Council concurred that the Commissioner should of course comment on relevant issues. A Commissioner always had the option of stepping down and addressing the Council as a resident or committee member if they had comments on other than planning matters. LV -10- I. STAFF REPORTS: 7 1. City Manager: a) Request for support from the Santa Clara Valley Water District to assume responsibility for the inspection and abatement of underground fuel tank leaks MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed unanimously to direct the Mayor to send a letter to the Santa Clara Valley Water District requesting them to assume responsibility for the inspection and abatement of underground fuel tank leaks. b) Request for endorsement of Proposition 44 (Water Conservation and Water Quality Bond Law of 1986) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Fuhrman and passed unanimously to direct Mayor to send letter supporting Proposition 44. C) Foothill College - Robin Williams Performance The City Manager reported that he had received a request from the College to allow them to work the traffic signals on the night of May 30 to ease traffic flow for the Robin Williams show. The College would pay for any costs for the two hour period before the show and the half hour after the show. PASSED BY CONSENUS: Council concurred with the request from Foothill College to change the traffic signals on the night of May 30, 1986 for the Robin Williams performance. 2. City Attorney: 3. City Clerk: Report on Council Correspondence dated 5/16/86 J. ADJOURNMENT• There being no further new or old business to discuss, the City Council adjourned at 11:30 p.m. Respectfully submitted, Patricia Dowd, City Clerk -11-