HomeMy WebLinkAbout06/18/1986 (2)CPPV COUNCIL
400 TOM OF IDS ALTOS HTTI
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A RDGULAR MEETING
Wednesday, June 18, 1986
cc: Reel 178, Tr. II, Side I, 400 -end, Tr. II, Side II, 001-180
Mayer Puhrman called the Reqular Meeting of the City Council to order at 8:00 p.m.
in the Council Chambers at Town Hall.
Present: Mayor Eluhrnan and Councilmenbexs Dronkert, Rydell, Tryon and van Tamelen
(Mayor Pro Tem Rydell arrived at 8:15 p.m.)
Absent: None
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, City Planner Nancy Lytle and City Clerk
Pat DCmd
Planning
Comm: Marc Kaufman
Press: Lynn Stadler, Peninsula Times Tribune
B. CONSENT CALENDAR:
Item Removed: B.3.g) (City Manager), Item Added: B.3.h) Resolution setting budget
public hearing for July 2, 1986 (City Manager)
M7rION SECONDED AND CAHF=: Moved by Dronkert, seoonded by Tryon and passed
unanimously by all members present to approve the Consent Calendar as amended,
specifically: * (note on page two of minutes)
1. Approval of Minutes: June 4, 1986 and June 9, 1986
2. Approval of Warrants: $53,584.56
3. Resolutions for Adoption:
a) Resolution # 81-86 setting the time and place of public hearing
on an application for a special land use permit (Lands of Sobel,
26066 Duval - addition)
b) Resolution # 82-86 setting the time and place of public hearing
on an application for a special land use permit (Lands of Lin,
11645 Dawson Drive - nein residence)
c) Resolution # 83-86 setting the time and place of public hearing
on an application for a special land use permit (Lands of Murphy/
Lo Owen, Old Trace lane - new residence)
CITY CDMCIL MINUTES - June 18, 1986
B. CONSENT CALENDAR (continued):
16, d) Resolution #84-86 approving and authorizing execution of an encroach-
ment permit agreement between the City of the Town of Los Altos Bills
and Steve Kerman and Cynthia Kerman
e) Resolution #85-86 authorizing the execution and delivery of ABAG
Plan I documents for liability insurance coverage
f) Resolution #86-86 awarding a contract for the Conejo Court recon-
struction project
h) Resolution #87-86 setting the time and place of hearing to consider
adoption of a proposed Town Budget for the 1986-87 fiscal year
Actions of the Planning Commission: approved the following:
a) LANDS OF MJRPHY/CWEN, File PM #2-85, Old Trace Lane, request for
approval of lot line adjustment and lot consolidation
b) LANIDS. OF MURPHY/O.M, File CUP #10-85, Old Trace Lane, request for
approval of conditional use permit to allow a secondary dwelling
C) LANDS OF CARNES, File CUP #4-86, 14090 Tracy Court, request for
approval of conditional use permit for secondary dwelling unit
( 5. Motions for Adoption:
a) Notion setting July 2, 1986 as the public hearing date for the proposed
use of revenue sharing funds for 1986-87 (delayed to July 2, 1986
to allow for publication process)
b) Nbtion setting July 2, 1986 as the public hearing date for the
tentative map and negative declaration for lands of E1mberg, File
TM #12-84
C. PRESENTATIONS FROM THE FLOOR:
D. REPORT FTM THE PLANNING OO14ISSION:
Commissioner Kaufman reported that the following matters were discussed at their
6111/86 meeting: 1) Tentative Map for Lands of Elmberg - recomnended approval
with conditions; 2) Lards of Murphy/Owen - approved conditional use permit, lot
line adjustment and lot consolidation; 3) Lands of Carnes - conditional use
permit approved; 4) Request for definition of floor area - will be discussed at
later date; 5) Proposed relocation of Town Hall driveway - will be discussed at
the next meeting; and 6) A Joint Meeting with the City Council will be scheduled
for July 9 to discuss the bulk ordinance.
* The City Engineer camiented that the Site Development Committee had not made a
! recmmendation on the Lands of Lin (Item B.3.b) on the Consent Calendar). However,
` it was not removed from this agenda as a field trip was scheduled to the Lin's site
for Monday, June 23, 1986.
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CITY ODUNCIL MIN[A'F<S - June 18, 1986
E.
PUBLIC HEARINGS:
((
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1. LANDS OF LITnlUER, 27305 Deer Springs, request for a special land use
permit to allow for an addition having a height in excess of fifteen feet
The Staff Planner referred to her 6/12186 staff report which noted that the Site
Development C mmittee reamuended approval of a special land use permit for the
above referenced application based on the project's conformance with the guidelines
for Ordinance #300 with the exception of guideline #3 (maximum development area).
The Ca ttee further noted, hu«ever, that the design of the house blended excep -
tionally well with its surroundings and the neighborhood and met the objectives of
the General Plan and the Site Development Ordinance.
Mr. Littauer, applicant, explained that the proposed addition was actually only
400 square feet and also noted that their home had been included in a booklet as
an example of how a home should be sited on a lot. Mr. Littauer requested Council's
approval of his application.
van Tamelen mmended Mr. Littauer on the proposed project and Dronkert oortrented
that this was the third here Council had reviewed recently where the design was
excellent but still did not conform to the actual numbers used for development
formulas.
M TION SECDMED AND CAHI2'D;•D: Moved by Tryon, seconded by Dronkert and passed unani-
mously to grant a special land use permit for the Sands of Littauer based on the
Project's substantial conformance with the guidelines for Ordinance #300.
F.
DID BUSINESS:
1. Request from Dr. Chen, 26879 Taaffe Iniad, for an encroachment permit for a
brick sidewalk (considered at 5/21/86 Council meeting - reconsideration
requested by applicant)
This item was continued to the July 2, 1986 meeting at the request of the applicant.
2. Resolution # awarding a contract for the El Monte Iniad median guardrail
Project
The City Engineer referred to his staff report dated 6/12/86 which noted that
tvn bids had been received for this project, with the lowest bid being $45,000
including contingencies. The am�unit allocated by Council in the 1985-86 budget
was $20,000. The City Engineer's reocnmerdation was that Council defer the
decision to award a contract until other options for the E1 Monte median path were
properly investigated.
van Tamelen requested cost figures for the other options and Dronkert stated that
she was strongly against keeping the chain link fence. Tryon suggested contacting
the Safety and Enviromnamal Design and Protection Committee for their counents
on this project now that the information was available on the cost involved. Tryon
also suggested the Pathways Committee be contacted and Mrs. Stutz, Chairman of the
Pathways Committee, was present to make moments.
j
Mrs. Stutz, Chairman - Pathways Ommittee, cortnnnted that with the closing of Ford
�r
Country Day School,
it appeared that most of the users were from Foothill College.
She thought it was particularly a question of safety if the fencing were removed.
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c= cWWIL. MLNUTSS - June 18, 1986
F. OLD BUSINESS: Item 2 - El Monte Guardrail (continued) :
MOTION SECONDED AMID CAR=: Moved by Tryon, seconded by FVhrn and passed
unwdi sly to take the bids for the El Monte Guardrail Project under advisement
and to direct staff and advisory canmittees (specifically Safety and Environmental
Design and Protection Committees) to investigate and propose alternate solutions..
3. Resolution # amending Resolution #1256 wbich adopted a policy con-
cerning landscaping, and setting of bonds thereof
The City Manager camiented that the resolution before Council revised the aurount
of landscape bond that may be required to guarantee the installation of landscaping.
He further noted that the mounts had been recoup idea by the City Engineer with the
concurrence of the Planning ConmLssion.
MOTION SEED ASID CARRIED: Moved by van Tamelen, seconded by Dronkert and passed
unaninously to adopt Resolution #88-86 amending Resolution #1256 which adopted a
policy concerning landscaping and setting of bonds thereof. Council also directed
that copies of the landscaping policy including staff report would be sent to the
Envirormiental Design and Protection Co mittee, Pathway Cmn nittee and Planning
Commission.
Item Removed frau Consent Calendar:
a) Resolution # awarding a contract for the Viscaino Court recon-
struction project
4Was
City Manager mmiennted that he had removed this item frm the Consent Calendar
as the bid exceeded the budgeted estimates ($50,000 appropriated; $61,590 bid plus
contingencies and inspection) and it would be necessary to ante d the 1989-85 budget.
This anrzKn t was scheduled for Council approval later in the meeting.
NATION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Rydell and passed
unanimusly to adopt Resolution #89-86 awarding a contract for the Viscaino Court
reconstruction project
NEW BUSINESS:
1. Request for removal of stop work notice - Land s of Keenan, 27801 Saddle
Court (concerning construction of wall)
Council had before then a report frau the Staff Planner and the Assistant City
Attorney, Susan St. Clair, concerning the wall on the Lards of Keenan. The report
rotes that the wall under construction had a stop work notice placed on it for
being constructed in excess of the maximum height allowed per Section 9-5.503(c).
The wall had received, however a zoning permit aria a building permit. The report
further rotes that the Council may interpret Section 9-5.503(c), fence and wall
height regulation; may requre the applicant to apply for a variance to allow the
fence or may require the structure be made to conform with the Zoning Ordinance.
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CITY COUNCIL MINUTES - June 18, 1986
G. NEW BUSU SS: Item 1 Lands of Keenan (continued):
Alan Coons, applicant's designer, gave the following reasons for the wall:
1) visual element connecting the wall to the house; 2) structural element;
and 3) safety element - wall will serve as a fire break. Mr. Coons further
comiented that there were plans to mitigate the wall with landscaping.
Mrs. Keenan, applicant, explained their reasons for the siting of the house;
they wanted it to blend with the surroundings in the corner rather than build
it on the ridge line as originally approved. Mrs. Keenan further co; en ted
that the stop cork notice on the wall was causing financial delays for the
entire project and she hoped it could be resolved in a timely manner.
M ITION SDroNDID AMID CAIUUM: Moved by Dronkert, seconded by Tryon and passed by
the following roll call vote to approve the following interpretation of Ordinance
9-5.503(c), fence and wall height regulation: Section 9-5.503(c) is not applicable
to the wall on the Lands of Keenan based on the following findings: 1) The intent
of the wall and fence ordinance (Section 9-5.503.(c)), is to prohibit fences
which run parallel to the roadway from blocking scenic and open vistas along the
roadway. This wall, as modified into an archway, will not block scenic vistas and
runs perpendicular to the roadway. and 2) The wall and fence ordinance was not
designed to regulate fences and walls which are located below the road level, as is
the proposed. For this reason, the ordinance does net apply to the subject wall.
AYES: Mayor Fuhnnan and Counc+lmanbers Dronkert, Tryon and van Tamelen
NOES: Mayor Pro Ten Rydell
Tryon stated for the record that this interpretation of Ordinance 9-5.503(c) was
not precedent setting as the application from the Lards of Keenan had previously
received approval from the Site DMl � ttee. Tryon stated that she fully
supported the actions of the Buil 'long OnLtmx�iGreCtal In �ssFu�inZaYa s 77 86)ce on this
M%7TION SFXI7MIDID At37 CARRIED: Moved by RyBei�, seconded byEFU�n and passed unani-
mously to direct staff to remove the stop work notice frau the Lards of Keenan.
2. Resolution # amending the Town Budget for fiscal year 1985-86
The City Manager noted that the 1985-86 budget needed to be amended to allow for
the Viscaino Court Reconstruction Project and the Fremont Iniad S -Curve Project.
The Viscaino Court Project had been discussed earlier in the meeting. The Fremont
Road S -Curve Project required an amendment as the bid exceeded the budgeted amount
and staff had not budgeted land acquisition costs. This anerdment increased the
appropriation frau $292,000 to $313,185.
MOTION SEODWID AMID CARRIID: Moved by Dronkert, seconded by van Tamelen and passed
unanimously to adopt Resolution #90-86 amending the Town Budget for fiscal year
1985-86
H. OTHER BUSINESS:
1. Reports from Standing Canv ittees:
a) Roads aro] Drainage
Chairman William Downey reported that Mr. Argall had moved cut of Town so there
was a vacancy on the Roads and Drainage Cw ttee. He further noted that they had
often changed their regular meeting time of the third Thursday of the month in order
*n meet in a timely manner to report on projects for Site Development.
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CITY COUNCIL MINUTES - June 18, 1986
H. OTHER BUSINESS: Item l.a) Roads and Drainage Committee (continued):
LV Dronkert requested that the Roads and Drainage Ca¢mittee be kept advised of any
meetings scheduled concerning the Adobe Creek Study.
b) Community Relations
Ftlrman referred to the minutes of the Cc munity Relations Committee Meeting of
June 9th. The dedication of the Heritage House was now scheduled for Saturday,
September 6, 1986 between 12:00 noon and 3:00 p.m. with the dedication set for
1:00 p.m. A mailing will be sent to all residents announcing this event and anyone
available to label the postcards was encouraged to help out.
The City Engineer reported that the landscape plan for the Heritage House had been
approved at Site Development and mments on this meeting had been transmitted to
the Council by Jean Struthers. The City Engineer further noted that the refinishing
of the floors was scheduled for the the weekend of the 20th of June.
Dronkert stated that she felt Mrs. Struthers' cements should be on a Council
agenda. She also felt that the $3,000 expenditure of public funds for the path,
as required by the Site Development Committee for the Heritage House, should have
gone before the Council for approval. Rydell questioned the clearing of the weeds
around the Heritage House. The City Manager noted that the property had been disced
but that he would look into this matter.
2. Reports from Pd Hoc Committees:
3. Council Business:
a) van Tamelen: Right of Way on Arastradem
van Tamelen reported that where the trees had been burned out on Arastradem,
nothing had been replaced in the Town's right-of-way. She suggested that the
Environmental Design and Pe11�*Comattee be asked for suggestions for
replantings in this area. it was further suggested that the arborist's notes
from an earlier Council meeting on replantings after the fire be forwarded to
the Committee for their commnts. Dronkert questioned whether the Town had had
insurance to cover this area that was damaged by the fire and the City Manager
stated that he would look into the matter. Fuhrman suggested that the question
of maintenance be considered when the City Manager looked into the contracting
for landscaping of Town owned properties. *Protection (AMMED BY COUNCIL 7/2/86)
MMaaStutz, C1 rmwn - Pathways Committee, commented that the Town did not have
mnY rnght of way in this area (15' fon the edge of the mad on Arastradem).
PASSED BY CONSENSUS: To ask the Environmental Design and Pailukien'Committee for
their suggestions on repl.antings for the burned out right of way area on Arastradem
and to transmit the arborist's notes to them for review and cmnent. *Protection
(AMENDED BY COUNCIL 7/2/86)
b) van Tamelen: Commission/Committee Application Form
PASSED BY CONSENSUS: To appoint van Tamelen and Tryon as a subarmmittee to revise
Le
the Commission/Committee application form.
C= COUNCIL MINUIF.> - June 18, 1966
H. OTHER BUSINESS: Item 3.a) Council Business: (continued):
kw c) Drcnkert: SB 1717 California Urban Lard Conservation Act
PASSED BY CONSENSUS: To direct the Mayor to send a letter to Covermr Deukmejian
requesting his support of SM 1717 which would protect the open space lands in
San Mateo and Santa Clara Counties.
d) Dxonkert: Horse Path on Foothill College Cmgxw
Dronkert noted that in the minutes of the last Board Meeting of Foothill College
it was noted that the Board had adopted a policy whereby horses would not be
allowed on the campus except on specifically marked trails. In view of this policy
and the recent discussion by the Council for the Town to participate with the
College on a horse path, Dronkert requested a use agreement between the two agencies
concerning the trail.
PASSED BY CONSENSUS: To direct the City Attorney to contact the attorney for the
College and to work together on an agreement for joint public use of the trail,
as soon as possible.
e) Dronkert: Drainage on Concepcion/ van Tamelen: Drainage on Camino He=w
Dronkert asked for reports at the next Council Meeting from the City Engineer and
the Health Department on the continual drainage from Concepcion. van Tamelen requested
the same information for Camino Hermosa.
f) Tryon: Council Business - Agenda Item
PASSED BY CONSENSUS: To move the item titled 'Council Business' to after 'Staff
Reports' on future Council agendas.
g) Rydell: signs at Little League Fields
Rydell reported that signs had been placed all over the Little Teague Fields. The
City Manager reported that he would look into this and report back to Mr. Rydell.
h) Rydell: Letter from a resident concerning activities on Viscaino
Rydell questioned the statements made in this letter and whether or not they were
related to Little League activities. The City Manager stated that he would have a
report at the next Council meeting on this matter.
i) RydeLd: Altamont Road: potholes and nw}ales
Rydell asked the timetable for getting these repairs done on Altanont Iniad. The
City Manager stated that this work would be contracted out and he would provide Mr.
Rydell with a report on the status of the work to be done.
j) Council salaries/stipends/expenses
Council requested a report from the City Attorney clarifying the issue of Council
kw salaries/stipends/expenses.
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CITY COUNCIL MINUTES - June 18, 1986
I. STAFF REPORTS:
1. City Manager:
a) Report on 1986-87 Budget
The City Manager reported that Council had received copies of the proposed
1986-87 budget and public hearings had been set for July 2, 1986 for the
budget and for revenue sharing funds.
PASSED BY NNSENSUS: To set a study session on the 1986-87 Budget for Wednesday,
June 25, 1986 at 4:00 p.m.
City Attorney:
a) Oral report on penalty process for residents who do not weed abate
their properties and who rely on the Town to have the work done.
In response to earlier inquiries from Dxonkert concerning the imposing of a penalty
on residents who did not weed abate their properties, the City Attorney reported
that although he felt an administrative charge could be imposed, he did not believe
a penalty could be charged by the Thom. He outlined the legal procedure regarding
weed abatement and rated that the Town's procedure did not afford the resident
the opportunity to argue the matter at a public hearing. The Town's policy was
to follow up on letters to residents from the IDS Altos Fire Department regarding
the necessity for weed abatenent of properties and Council's authorization to direct
the Town to do so if the resident does not take action. The City Attorney did note,
however, that he would look into the matter further.
Marc Kaufman, President - Los Altos Fire Protection District Commission, reported
at in recent years the Fire Department's notification of residents for weed
abatement had almost doubled. He rated that the District could look into requesting
approval to change the Town an administrative cost for the Fire Department's role
of notification and inspection and the Tbm could then pass on this charge and an
administrative charge of their awn to the residents involved. The City Manager
stated this could be done by the Tom.
b) Agreement with the Winbiglers concerning Fremont Road S -Curve Project
The City Attorney reported that since Council had approved this agreement at their
June 4, 1986 meting, the Winbiglers and their attorney had requested the addition
of the following adderdun A before they would agree to the matter: 'In any dispute
between the parties regarding any rights or obligations hereunder, whether or not
resulting in litigation, the prevailing party shall be entitled to recover all costs
incurred in connection therewith, including reasonable attorney's fees.' The City
Attorney explained the legal ramifications of this addendum and while net particularly
pleased with its being added on at this later date, reconmended approval to the Council
WTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by van Tamlen and passed
unanimously to approve the addition of addend= A, as stated above, to the agreement
with the Winbiglers, approved by Resolution #75-86 on June 4, 1986.
L
CITY NUNCU, MINOTPS - June 18, 1986
I. STAFF REDDIUS:
kw 3. City Clerk: Report on Council Correspondence:
PASSED BY CONSENSUS: To direct the Mayor to send letters in response to those
received ooncerning Vantrans support stating that this matter vould be considered
during budget hearings.
There being no further new or old business to discuss, the City Council adjourned
at 10:50 p.m.
Respectfully submitted,
Patricia Duwd, City Clerk