HomeMy WebLinkAbout04/03/1985CITY COUNCIL
TOM OF IDS ALTOS HILLS
26379 Fremont Read
Los Altos Hills, California
M I I =F A � �-K*)
Wednesday, April 3, 1985
cc: Reel 165, Tr. I, Side II, 001 -end
Mayor Allison called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers at Town Hall.
Present: Mayor Allison and Counailmembers Dronkert, Fuhrman, Rydell and van Tamelen
Absent: None
Staff City Manager George Scarborough, City Attorney Frank Gillio, City
Engineer Michael Enright, Staff Plarrnar Nancy Lytle and City Clerk
Pat Dould
Planning
Comm: Carol Gottlieb
Press: Peter McCormick, San Jose Yiercury
NOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Dronkert and passed
unanimotisly to approve the Consent Calendar, specifically:
1. Approval of Minutes: March 20, 1985
2. Approval of Warrants: $50,797.73
3. Resolutions for Adoption:
a) Resolution #23-85 granting an encroa chment permit to Roy T. Zepponi
ald Dolores Zepponi and ordering the recordation thereof (two entrance
gate posts and fencing at 14401 Saddle Mountain Drive)
b) Resolution #24-85 setting the time and place of public hearing on an
application for a special land me permit (Lards of Hu, 26705 St.
Fr anc is, addition)
c) Resolution #25-85 setting the tire and place of public hearing on an
application for a special land use permit (Lands of Hao, Let V,
Story Hill Lane, new residence)
d) Resolution #26-85 setting the time and place of public hearing on an
application for a special land we permit (Lands of Merton, Let #3,
Westwind Way)
CITy COUNCIL mEK= - April 3, 1985
CONSENT CALENDAR: Iten 3 - Resolutions for Adoption (continued) :
�W e) Resolution #27-85 setting the time and place of a public meeting
at which the City Council will consider adoption of a schedule
of charges to be paid by owners of residential units within the
Altamont Road Storm Drain Basin
4. Motions for Adoption:
a) Motion setting April 17, 1985 as the Public Hearing Date for Lands
of Creekside Court, File TM 11-84, Page Mill Road, request for
approval of tentative map and negative declaration (6 lots)
b) motion setting April 17, 1985 as the Public Hearing date for Land
of Berry Hill, Unit II, File TM #9-84, request for approval of
tentative map (7 lots)
C. PIMSENTATIONS FROM THE FLOOR: none
Conmissioner Gottlieb reported that the following actions were taken at the
3/27185 Commission Meeting: 1) LANDS OF SHOCKLEY, request for Site Development
Permit denied (proposed residence rx)t in conformance with harmorry of the
surrounding neighborhood nor with the Scenic Element of the General Plan); 2)
LANDS OF OWLWOOD FARM, annual review of conditional use permit approved; 3)
LANDS OF FASTWTCK, voted to recommend to the Council revoca tion of the conditional
use permit; 4) IoNDS OF BERRY HILL, request for tentative map denied; 5) LANDS OF
BELLUCCI, annual review of conditional use permit for a secondary dwelling
continued for thirty days for review of additional information; and 6) LANDS OF
SAMLIKEENAN, tentative map for lot line adjustment approved. C�ssioner
Gottlieb also noted that a discussion was held on the Site Approval Ordinance,
specifically on the interpretation of the term 'alteration'. The Commission
agreed to the following: Wien +eas
E. SPECIAL ORDERS:
1. Public Hearings:
a) LANDS OF MIFOUWU, Lat #3, Rhoda Drive, request for approval of a
Special Land Use Permit to allow a new residence having a height in
excess of fifteen feet.
The Staff Planner referred to her 3/26/85 report which included the Site Develop-
ment Cmmittee's recmynendatim for approval of the proposed resid1tence based upon
the project -s consistency with the purposes and policies of the Design Review
Criteria for Matadero Creek, and particularly due to the constraint imposed on
siting of the house by the septic tank system requiren�nt.
*Aiterations referred to in Section 9-2.09(b) will not be exenpted from the
parameters of the Site Approval Chapter unless 1) less than 25% of the existing
house total floor area is altered or the structure is increased by less than 25% of
the existing house or 2) the alterations go through the Site Development process.
(AMENDED BY COUNCIL 4/17/85)
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CITY CX'WIL MEU.CES - April 3, 1985
E. SPBCIAL OFOERS; Item 1.a) Lands of Mirkhani (continued):
�W Dr. Jeffrey Breslow, 13264 Phoda Drive, noted that his property was adjacent
to the pmperty under disEus�sion e was protesting the pl acemen t of the
house and the incre�a se over the fifteen foot height limitation. The proposed
residence had a visual inpact on his how arid, in addition, he did not feel it
fit into the style of the present neighborhood.
Mr. Mirkhani, licant, presented a model of the proposed residence to the
Counci-L ana expELainect tnat because or the septic tank system, there was only
one possible building site.
PUTION SBCONDED AND CAI=: Moved by Dronkert, seconded by Fubrman and passed
by the following mll call vote to approve a special land use pennit for the
Lands of Mirkhani for a new residence having a height in excess of fifteen feet
based on the Site Development Comittee's findings that the project was con-
sistent with the purposes and policies of the Design Review Criteria for
Matadero Creek, parUcularly Clause 21, paragraph 2; Clause 22, paragraphs 1,6,
and 8, and due to the constr=t inposed on siting by the septic tank system
requirements.
AYES: Mayor Allison and CouncilmemberS Drankert and FWu:man
NOES: Councilwonbers Rydell and van TamelerI
NOTION SEWNDED AND CAP=: Moved by van Tmelen, seconded by Dronkert and passed
unanumusly to direct the Site Developnent Camittee when reviewing the landscaping
plans for the Lands of Mirkhani to give special notice to the lardscaping to the
%W south and east elevations and to the landscaping as it relates to the structure as
a whole and to the neighboring h ome .
b) IRW OF GRABAm, Lot #15, Jessica Lane, request for approval of a
Special Land Use Pennit to allow a new, residence having a height in
excess of fifteen feet
The Staff Planner referred to her report dated 3/26/85 which included the Site
Develognent Cminittea Is recomended approval of the proposed residence. The
Planner coavented that this residence mt all of the guidelines except for 1A and
2A. These(*guldellnes were mtgated by the fact, however, that moving the house
downslope u;ould create less disturbance to the natural terrain due bo reducing
the length of the driveway but the visual inpact would be increased for the
neighbors. *exceptions to the (AMMED BY COUNCIL 4/17185)
MJrION SECONDED AND CATUUH): Moved by van Tanelen, seconded by Fuhnnan and passed
unanimously to approve a special land use pemit for the Lands of Graham for a
new, idence having a height in excess of fifteen feet based on the Site Develop-
ment Cbmittee's findings that the project is consistent with the purposes and
policies of the Design Review Criteria for Matadero Creek, particularly Clause 21,
paragraphs 3 and 4 and Clause 22, paragraphs 2,4,6,7, and 8.
%W -3-
CITY CO(WIL bZNUTES - April 3, 1985
E. SPECIAL ORDERS: It� 1 - Public Hearings (continued):
�W c) LANDS OF GRINNELL, 15472 Vista Serena, request for approval of a
special land use Permit to allow a new residence having a height in
excess of fifteen feet
The Staff Planner pretsented her report dated 3/26/85 which included the Site
Developnent Committee's recomnended approval of the proposed residence. it wa�
further noted that this pro3ect conformed with all the guidelines for Ord inance
#295.
Richard TAbng, 1274 Browning Lane, Sunnyvale, noted that he was the adjacent
property owner and he was ooncernect witn tw proposed location of the house.
Mr. Wong further oommen ted, however, that he wanted to cooperate with his
new neighbors.
Mr. Dick Grinnell, applicant, noted that he had a landscaping plan which included
F-ffi would mitigate the visual impact of the house.
extensive tree plantings w i
Mayor Allison suggested that Mir. Grinnell and Mr. Wong arrange to get together
to discuss the proposed landscaping.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed
unanimously to approve a special land use permit for Lands of Grinnell for a new
residence having a height in excess of fifteen feet based on the Site Development
Cm�ttee's findings that the project confonned with all the guidelines established
for Ordinance #295.
�ftw 2. Resolution k__appraving addendum to agreement with Gerald Ferrari for
sewer construction reimbursement.
The City Manager reported that in 1973 the Town and Mr. Ferrari entered into a
refunding agreement to insure that Mr. Ferrari would receive reimbursement for
the cost of a sewer line be installed. The ag reemen t provided that Mr. Ferrari
would receive $843 for each future connection to the line up to a total of $8,430.
Since that tine Mr. Ferrari has received $4,000 from a developer for connections
made to the line. Therefore the proposed addendum reduces the Town's responsibility
for collection of the connection fees to $4,430.
MOTION SECONDED AND CARRIED: Moved by Fuhrman, seconded by Dronkert and passed
unanimously to adopt Resolution #28-85 approving addendum to agreement with
Gerald Ferrari for sewer construction reimbursement.
3. Ordinance #296 amending Article I of Chapter I entitled "Animals" of Title 6
of the Los Altos Hills Municipal Code (SECOND READING) (adding Section B4-14
relating to animals and vehicles to the Animal Control Code)
MOTION SE03NDED AND CARRIED : Moved by van Tamelen, seconded by Dronkert and passed
-unanimously to waive further reading of Ordinance #296.
Dronkert asked the City Attorney if the Town was required to be in conformity with
the County's animal ordinance. The City Attorney responded that if the Town wished
it could adopt its own animal control ordinance.
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CITy COONCIL mlNUIES - April 3, 1985
E. SPECIAL ORDERS: item 3 - OrdinancIa #296 (continued):
�w MOTION SBXMED AND CARRIED: Moved by Fuhzman, seconded by var� Tamelen and
passed by the following roll call vote to adopt Ordinance #296 aTending Article 1
of chapter 1 entitled "Animals" of Title 6 of the Los Altos Hills municipal
Code
AYES: mayor Allison and Ccuncilm�bers Fuhrman, Rydell and van Tamelen
NOES: Mayor Pro Tem Dronkert
0 1 IND k � I I
Reports from Standing Committees :
a) Edward Barnes - proposal of donation of house to Town
Edward Barnes presented a brief background of the Eschembruecher House, 130
Second Street, ins Altos and noted that the owners; werIa interested in donating
the house to LOS Altos Hills. Recently the historical preservat�n*of the
house had been removed by the Los Altos City Cbuncil at the request of the owner
due to his financial constraints. The Los Altos City Council had recently
expressed support for the donation of the house to Los Altos Hills and the
owners had pledged several thousand dollarn; toward the moving of the house.
Mr. Barnes noted that them were several possible uses for the added space, i.e.
additional connunity meeting areas, Mayor's office, etc. In conclusion, Mr.
Barnes Suggested a meeting with all the neighbors in the area of the proposed
%W location of the house (Heritage Preserve across from Town Hall) to answer ques-
tions, look at the house, etc. *designation (AMMMED BY CDUNCIL 4/17/85)
Abbie Ahrens and Frank Lloyd, owners of the home, commented that the house was
architecturally in:teresting, could 9E-r�-m�y useful purposes for the Town and
it was important to retain this historic lanlTork for the future.
Sheri Hepley, Los Altos Historical Commission, supported the proposed donation of
the house. The coamission nact been Nl�u remove the home f= the
historical register but felt they had no choice � view of the applicant's request.
Mrs. Grover Cox, 26530 Ccnejo Court, presented Council with a petition listing
all the neagbbors i-qFm were �aga= the placement of the house on the Heritage
Preserve. They wished to retain the open space and also questioned why they had
not been notified of this proposal. Mrs. Millie Gallo, 25720 LaLanne Court,
and Mr. Charles Wright, 26570 Puriss , aiso addressed tne Council against the
relocation of the house on the HeritWe Preserve.
MOTION SECONDED AND CARKED: Moved by Fuhrman, seconded by van Tamelen and passed
unanimously to examine the possible relocation of the Eschenbruecher House from
Los Altos to Los Altos Hills, including review of the advantages and disadvantages
of accepting said donation.
MOTION SECONDED AND CARRIED: Moved by Rydell, seconded by Fuhzman and passed unani-
mously to initiate the conditional use perm�t process for the structure as a Town
Hall facility on the Heritage Preserve and to direct staff to prepare a staff
report for the next Council meeting outlining the administrative steps involved
in accepting the house, the timeframe involved and the schedule of public hearings
which would be required.
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CITY CO=IL MUMTES - April 3, 1985
G. SPECIAL REPORTS: Item l.a) Possible donation of house to Town (continued):
%W PASSED BY OMSENSUS: To request Com�unity Relations Committ� (Edward Barnes)
to meet with neighbors of Heritage Pres erve (Mrs. Cox) to discuss co ncerns .
PASSED BY OONSENSUS: To ask the opinion of the Town's committee menters and
Planning Comnission regarding the possible donation of the house to the Ta�m.
2. Reports from Ad Hoc CouTuttees:
a) Heritage Pres erve
van Tamelen reported that the committee was still working on the plans for the
Preserve-fo� the mg -p�! She would advise Council when these were
ompleted. *apricot shed for the Preserve. (AMENDED BY COWCIL 4/17/85)
3. C=ents from the C�cuncil:
a) van Tamelen: Peninsula Division - League of California Cities
van Tamelen reported that the next general meeting of the Peninsula Division of
LOCC was scheduled for May and the subject would be liability programs . van
Tamelen further noted that the League was supporting Senator John Foran's Senate
Bill 290 on Transportation Finance and Senator Morgan would appreciate input from
the cities she represents on SB 290.
MOTION SBaWED AM CARRIED: Moved by van Tamelen, seconded by Fuhrman and passed
by the following roll call vote to ask the Mayor to send a letter to Senator Morgan
�W expressing the support of the majority of the Council for SB 290.
AYES: Councilmembers Dronkert, Fuhrman and van Tamelen
NOES: None
PW=: Mayor Allison and Councilmerber Rydell
b) Fuhrman - Transportation Convassion
Fuhrman reported that BART has proposed to ring the Bay and there would be a
vote to fund this endeavor placed on the ballot.
C) Allison - Santa Clara� Valley Water District
Allison reported that he had attend the bi-annual meeting of the Water District
At that meeting they had reported that they did not foresee any shortage of water
in the area in the months ahead.
H. STAFF - REPORTS, ODRRESPONDENCE AND ANNOLUCEMENTS.
1. City Manager:
a) Special Land Use Permit Process
The City Manager reported that as the site development agendas were prepared on
Fridays, public hearings for those involving special land use permits would be
14W scheduled immediately. If an item were continued by the Site Development Comnittee,
the public hearing would also be continued. With this procedure h owever there
would be instances when the Council would net receive the backgound information
until their regular Council packets were prepared. Council expressed no
problem with this procedure.
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CITY COU4CIL MDUTES - April 3, 1985
H. STAFF - iwows, ccm�Es;IOMENCE AND ANNDUqCa4wrS: (continued)!
2. City Attorney:
a) Claim - Janes Viso (continued from 3/20/85 meeting)
The City Attorney reconmended Council deny Janes Viso's claim against the Town
for damages. Mr. Viso had purchased two lots at Matadero Creek and was involved
in a subsequent lawsuit by Mr. lau who claimed, in part, that the sale to Mr.
Viso violated the bidding process and Mr. Liu's civil rights. Mr. Viso was
basing his claim on the contention that if he is to be held liable in the litiga-
tion, it is as a result of the Town's actions in establishing the bidding policy
in question and accepting his bid, and therefore, the Town should indemnity him.
=lw sBcazom AND cAm= : moved by Dronkert, seconded by Fuhzman and passed
unenimausly to deny the claim f= Mr. Janes Viso for indemnification.
3. Other:
a) Staff Planner: Clarification of definition of secondary dwelling units.
The city me�nager noted that this item should be deleted as it had been placed on
the agenda in error.
I. NEW BUSINESS:
1. Audit Services Contract:
The City Attorney conrented that written notice needed to be given to Delucchi &
Associates not later than 60 days prior to July 1, 1985 if the Council wished to
retain their services for the 1984-85 fiscal year.
PASSED BY CONSENSUS: Th direct staff to prepare an addendum to ag reen�en t with
Cieorge Delucchi and Associates to provide audit services for the 1984-85 fiscal
year.
2. Little league
Rydell expressed concern over certain safety issues at the Little League Fields.
In part he wanted clarification of the use and supervision of the new batting
cages and he also questioned the dual use of the field (baseball and soccer).
KYTION SECONDED AND CAITUED: Moved by Dronkert, seconded by Fuhrman and passed
unanimously to authorize Councilman Rydell to work with the Little league regarding
safety issues at the fields and to report back to staff.
3. Telephone Booth - Stonebrook and El Ybnte
Dronkert noted that since the no parking signs have been removed, them were, trucks
parking at the phone booth. Signs were needed limiting the time of parking. In
addition, the gutter at the booth needed to be filled in.
PASSED BY CONSENSUS: To direct the City Attorney to prepare a Ptesolution for the
next Council meting establishing parking signs at the phone booth at Stonebrook
and El I�bnte.
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CM C9JNCIL MDRIMS - April 3, 1985
J. AD-TOURN*M:
%W
There being no further new or old business to discuss, the City Council
adjourned at 10:40 p.m.
�w
�w
P�espectfully submitted,
Patricia Dowd, City Clerk
MM