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HomeMy WebLinkAbout10/02/1985CITY ODUNCIL TOM OF IDS ALTOS HILLS 'tv' 26379 Fremont Road Los Altos Hills, California n r, •,ar is m Wednesday, October 2, 1985 cc: Reel 171, Tr. I, Side I, 216 -end, Tr. I, Side II, 001-478 Mayor Dronkert called the Regular Meeting of the City Council to order at 7:30 p.m. in the Council Chambers at Town Hall. A. POLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Dronkert and Councilmenbers Allison, Rydell and van Tamelen Absent: Mayor Pro Tan Fuhrmzn Staff: City Manages George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd Planning Comm; Luis Yanez Press; Andrea Behr, San Jose Mercury; Mike McDevitt, Los Altos Town Crier B. CONSENT CAIM)AR: M7IION SECONDED AND CARR4Allison 9: Moved by van Tamelen, seconded by Fdnit en and passed unanimously by all members present to approve the amended Consent Calendar, specifically: (AMENDED BY COUNCIL - 10/16/85) 1. Approval of Minutes: September 18, 1985 and September 23, 1985* 2. Approval of Warrants: $82,732.69 and $9,222.12 3. Resolutions for Adoption: a) Resolution #131-85 setting the time and place of public hearing on an application for a special lard use permit (Lards of Rahng - 15468 Vista Serena) b) Resolution #132-85 approving issuance of use permit for secondary dwelling and authorizing execution of use permit and ordering recordation thereof (lands of Morton) 4. Motion for Adoption: a) Motion setting November 6, 1985 as the Public Hearing Date for the appeal of the Site Development Permit and Zoning Permit for Lards of Mozart - 11626 Dawson (The date for this public hearing was requested by Mr. Mozart and c n- curred with by the Mayor.) -www 9/23/85 Allison and van Tamelen abstained from approval of the minutes for 9/23/85 as they were not present at that meeting. CITY COUNCIL MINUTES - October 2, 1985 C. PRESENTATIONS FROM THE FLOOR: D. REPORT FROM THE PLANNING COMMISSION: Commissioner Yanez reported that a Planning Coamission meeting was not held on 9/25/85. Instead the G_nmission held a study session on zoning ordinance revisions. This discussion was at a very. preliminary stage and future reports would be forth- coming as more details were available. E. SPECIAL ORDERS: 1. Public Hearings: a) LANDS OF HAMILTON, 24920 La Lana Court, request for a special land use permit to allow an addition having a height in excess of fifteen feet The Town Planner presented her staff report dated 9/23/85 which noted that staff recampnded approval of a special lard use permit for the proposed addition based on the project's conformance with the guidelines for Ordinance #295. Mr. Thaws Hamilton, applicant, in response to a question from van Tamelen concerning setbacks, statect tnat tne nouse predated the incorporation of the Trwn. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Rydell and passed by the following roll call vote to grant a special lard use permit for the Lands of Hamilton based on the project's conformance with the guidelines for Ordinance #295. AYES: Mayor Dronkert and Ceuncilr9 bees Rydell and van Tamelen NOES: Councilmemoer Allison ASSENT: Mayor Pro Tem Fuhzman b) LANDS OF MOZART, 11627 Dawson Drive, request for a special lard use permit to allow an addition having a height in excess of fifteen feet This item has been continued to November 6, 1985 at the request of the applicant. c) IANDS OF NCXVCK, 13535 Country Way, request for a special land use permit to allow construction of a new residence having a height in excess of fifteen feet. The Town Planner presented her 9/23/85 staff report which noted that staff reoonmende3 approval of a special land use permit for the proposed new residence based on the Project's substantial confonmarnce with the guidelines of Ordinance #295. Paul Nowaak, applicant, stated that since this item had been on an earlier Council agenda, he—Hadparticipated with the Council in a study session, had proved the site of the house and, in his opinion, had addressed all of the previous objections to the granting of a special land use permit for this project. In response to a question concerning the proposed blue/grey color of the home, Mr. Nowack stated he would be amenable to changing the color to a more neutral one. Mr. Doug Ritchie, 13513 Country Wa , questioned the exact height of the proposed rest ence, wftether a5eqmte consideration had been given to drainage and whether the proposed residence was for the applicant or whether the house had been sold. Staff clarified Mr. Ritchie's questions on height and drainage and the Mayor noted that whether a house was being built for the applicant or not was not a relevant issue of an application. -2- CTTY COUNCIL MINUTES - October 2, 1985 ( E. SPECIAL ORDERS: Iter l.c) Public Hearing - Lams of Nowack (continued): �I MOTION SE03MED AND CARRIED: Moved by van Tamelen, seconded by Allison and passed by the following roll call wte to grant a special land use perfftit for the Lands of Nowack for construction of a new residence based on the project's confornance with the guidelines for Ordinance #295 on the condition that it go back to the Site Development Committee and the color of the residence be changed to a more natural color that blends in better with the surroundings. AYES: Mayor Dronkert and Ccunciln mbers Allison and van Tamelen NOES: CouncilmeihPr Rydell ABSENT: Mayor Pro Ten Fuhnnan d) LANDS OF LISAC, 13859 Tenpleton Place, request for a special land use permit to allow construction of an addition having a height in excess of fifteen feet This item has been continued to October 16, 1985 at the request of the applicant. e) LANDS OF JONES, File TM #1-84, 12600 Page Mill Road, request for approval of negative declaration and tentative map (2 lots) Dexter Ahlgren, applicant's engineer, agreed with the conditions of approval which the Planning Crnmission approved on 9/11185 for the Lands of Jones and he was avail- able to answer any questions Council may have. ( MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van m Taelen and passed br unaninmusly by all maobers present to approve the negative declaration for Lands of Jones, File TM 41-84. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Rydell and passed unani- mously by all members present to adopt Resolution #133-85 approving tentative sub- division map of lams of Jones (File TM #1-84, 12600 Page Mill Road). f) Ordinance # amending Chapter 5 entitled "Zoning" of Title 9 of the Los Altos Hills Municipal Code to amend Article 2 thereof entitled "Definitions", to add Article 9 thereto entitled "Site Development", and to anend Article 12 thereof entitled "Administration and Enforc t% This item has been continued to October 16, 1985 Council Meeting. 2. Resolution # accepting certain :uTprove ants in connection with Lands of Schwarz (Saddle Nbunmtain Drive) The City Engineer reported that the improvements for the Lands of Schwarz had been constructed. Dronkert questioned the location of a telephone pole in the middle of an emergency access road; however, the City Engineer reported that the road had been oapleted according to the plans and had been approved by the Fire Departhnent. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Terelen and passed by the following roll call vote to adopt Resolution #134-85 accepting certain inprove- ments in connection with the Lands of Schwarz. �r AYES: Councilrenbers Allison, Rydell and van Tamelen NOES: None ABSENT: Mayor Pro Ten Fubr en ABSTAIN: Mayor Dronkert -3- CITY COUNCIL MIN= - October 2, 1985 E. SPECIAL ORDERS: (continued): �r 3. Resolution # approving final subdivision map and approving and authorizing execution of subdivision agreement (Rams of Taaf£e) MOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Allison and passed unanimously by all members present to adopt Resolution #135-85 approving final subdivision map and approving and authorizing execution of subdivision agreement (Rands of Taaffe, Concepcion Road near Rurissima - Tract 7614) Ordinance # amending Chapter 1 of Title 8 to adopt by reference the 1985 edition of the uniform building code, including the appendix thereto and the uniform building code standards, 1985 edition; amending chapter 1.6 of Title 8 to adopt by reference the CABO one and two family dwelling code, 1985 edition; amending Chapter 3 of Title 8 to adopt by reference the Uniform plumbing Code, 1985 edition; and amending chapter 4 of Title 6 to adopt by reference the Uniform Mechanical Code, 1985 edition, respectively of the Los Altos Hills Municipal Code. The City Attorney noted that the CARO One and Two Family D elling Code, 1985 edition will not be ready for several months. It could be appropriate for Council to waive further reading and introduce the ordinance before than amended to reflect the deletion of references to the CABO One and Two Family Dwelling Code. MOTION SECONDED AMID CARRIED: Moved by Rydell, seconded by van Tamelen and gassed unanimously by all members present to waive further reading of Ordinance amended to reflect deletion of references to the CABO One and Two Family Dwelling Code. kor M'DTICN SECOMM AMID CARRIED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all members present to introduce Ordinance #298 amended to reflect the deletions of references to CABO One and Two Family Dwelling Code. 5. Resolution # setting the time and place of public hearing on the proposed adoption of certain uniform building, plumbing and mechanical codes by reference with certain amendments proposed thereto MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #136-85 setting the time and place of public hearing on the proposed adoption of certain uniform building, plumbing and mechanical codes by reference with certain amendments proposed thereto 6. Resolution # setting the time and place of the meeting to consider adoption of proposed increases in building inspection and/or building permit fees or charges The City Attorney noted that Council should consider adoption of the above -stated resolution as a part of the procedure in setting public hearings on the ordinance amending the Town's code to adopt certain uniform plumbing, building and mechanical codes by reference. MOTION SECONDED AMID CARlUM: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #137-85 setting the time and L place of the meeting to consider adoption of proposed increases in building inspection ` andjor building permit fees or charges. -4- CTTY NUNCIL MIlVUlE.SS - October 2, 1985 4 1. LANDS OF ROBLES, FILE SA #5-85, 14463 Liddicoat Circle, request for approval of site approval The City Planner noted that this matter had been on the 9/18/85 Council agenda and had been continued to the 10/2/85 meeting at the request of the applicant. Mr. Robles had expressed concerns about certain of the conditions recounended by the Planning Camrission, particularly concerning the conservation easement. Mr. Robles, applicant, concurred with the staff's suggestion that condition 2.D of the Conditions of Approval be recorded as a separate covenant and that the conservation easarient be defined by physical attributes. Mr. Robles further stated that he had no plans to remove any trees in the conservation easement and would hope to be able to use it for grazing purposes. PASSED BY CONSENSUS: To amend condition 1.B., first sentence to read: "The owner shall dedicate to the Town a Conservation Easement to include all the lot from a point on the easterly boundary at the 320 contour line and westerly parallel to the northern boundary at the 10" oak to the 14" oak. NOTION SEC=ED APED CARRIED: hovel by van Tamelen, seconded by Rydell and passed unanimously by all members present to add the following sentence to Condition 1.B after the second sentence: "Enclosed drainage facilities shall be allowed in the conservation easement and facilities as required by Site Development for the con- struction and maintenance of said drainage facilities shall be allowed in the con- servation easement." MYTIGN SECONDED APED CARRIED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all menbers present to insert the word 'other' in the following sentence of Ocnditon 1.B.: "No other grading, clearing or structures shall be allowed within the Conservation Easement." MOTION SE DNDED AMID CARRIED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all :embers present to require Condition 2.D be drawn up as a covenant and recorded. MOTION SECONDED APED CARRIED: Moved by Rydell, seconded by van Tamelen and passed unanimously by all maTbers present to approve Iards of Robles, File SA #5-85, with conditions of approval as recommnded by the Planning Ccumissian and amended by Council. 2. Report on offer of dedication from residents of private portion of Vista Del Valle Court The City Manager presented his 9126/85 report which included the reoomrendation that Council establish a general policy that the Town will not accept dedication of existing private roads with the following two exceptions: 1) private roads that service a large number of residents and therefore maintenance of the mad is of significant value to the general public; and 2) private mads where the ownership is mixed public and private and where there is a resulting difficulty in establishing maintenance responsibility. -5- CITY COUNCIL MMUTES - October 2, 1985 F. UNFINISHED BUSINESS: Item 2 (continued): Several questions were raised as a result of the Manager's report, such as: has much would it cost to bring private roads up to Town standards?; how much right of way could be required? In addition it was noted that it is difficult for private road owners to get together and organize the maintenance of the road; there are no agreements on file which is why they would like to turn the road over to the Town. It was also noted that the vehicle code is not enforceable on private roads. Mary Stutz, chairman - Pathways Committee, ccmnsnted that there are miles of paths an Torun which are in the road right of way and have rot been accepted. Luis Yanez, Planning Comnissioner, commented that the mkaintanence of the Town's drainage system was very important and directly related to the issue of maintenance of private/public roads. PASSED BY CONSENSUS: To continue the recaarendation for establishment of Council policy on the dedication of existing private roads to the Town for a future Council Meeting to allow for additional review and study of the impact on both residents and the Tow. MOTION SECONDED AND FA=: Moved by van Tamelen, seconded by Allison and failed by the following roll call vote to reject the offer of dedication of a private portion of Vista Del Valle Court. AYES: Councilmenbers Allison and van Tamelen NOES: Mayor Dronkert ad 0ouncilmember Rydell ABSENT: Mayor Pro Tem Fahrman It was agreed that this specific offer of dedication would be discussed at the 10/16/85 Council meeting with specific information available at that tine on the ramifications to the residents on Vista Del Valle Court of such a dedication. 3. Reprint of Sunset Magazine Article on Fire Safety Allison questioned the status of his suggestion of reprinting the excellent article on fire safety frau Sunset Magazine. Staff noted that Barbara Tryon had contacted Sunset and approval to reprint the one page on ham fire safety would be forthcomvug and would be included in the newsletter. Unfortunately, to reprint the entire article, even if Sunset did grant approval, would be quite expensive. 4. Police Service Options Allison referred to the 6/12185 report from the Safety Committee on a review of police service options and questioned what the present status on this matter was since that report. The City Manager responded that although a proposal for police services had been received frau the City of Ios Altos, one had net been received frau Foothill College and it was unclear at this time whether they planned to submit a proposal to the Town. In addition the Sheriff's Department had not yet developed a proposal for dedicated service to the Town. Council discussed whether a letter from than to the Board of the College would be appropriate. It was agreed that a breakfast meeting was already being tentatively arranged between the Board of the College and the Council and this matter could be H CITY COUNCIL MIN[AE5 - October 2, 1985 UNFINISBED BUSINESS: Item 4. Police Service Options (continued): agendized for discussion at that time. The dates of October 22 or 24th were given as possible times for this breakfast meeting. a va•�v 1. Reports from Standing Committees: a) Safety Coamittee Minutes - 9/24/85 Meeting Allison called Council's attention to Item 6 of the above mentioned minutes concerning potential safety hazards on the Edith Avenue Bridge. The City Manager reported that three of the items mentioned (the bike path delineation on the bridge; the drop-off at the north side of the road at the westerly exit of the bridge; and the location of the telephone pole) had been referred to the Pathways, Recreation and Parks Committee. Staff was not prepared to address the fourth item concerning the bridge road surface. Dronkert in addition suggested staff address the striping on the bridge which was a problem. 2. Reports from Ad Hoc Committees: 3. Comments from the Council: a) Mayor Dronkert - Great American Smokeout - November 21, 1985 ` PASSED BY CONSENSUS: To direct the City Attorney to prepare a resolution supporting the Great American Slmkeout on November 21, 1985. It was further agreed CouncilmEnber Allison would inform IGC of this support. b) Allison - San Felipe Project Allison commented that this source of water for the Santa Clara County was a most interesting project. C) Allison - IGC Meeting Scheduled for 10/3/85 Allison reported that a Solid Waste Planning Cmudttee Meeting was scheduled and the County Planning Commission had recommended denial of the land use issue of development of unincorporated areas in the South County. Allison also noted that following up on a request from IGC he would inform then that Mayor Pro Tem Fuhrman was the alternate representative from the Town to IGC. H. STAFF - REPORTS, CORRFSPCNIDENCE AND ANNOWCFi NIS: 1. City Manager: a) Quotes on removal of eucalyptus trees The City Manager reported that five quotes had been received for removal of the eucalyptus trees. These quotes ranged from Blue Ox at $19,900 to Williams at $38,200; however, it should be noted that none of these quotes included bonding. Of the two lowest quotes, Blue Ox could complete the job in 30 days at $19,900 kmw and Zaocor could complete it in two days at a cost of $26,500. Although Zaccor included a five percent discount if invoice was paid upon completion, the City Manager stated this was not always the wisest course to take. The City Manager further commented on the difference of time in completion of the project noting that Zaccor brought in huge equipment to remove the trees. -7- CITY COUNCIL MINUTES - October 2, 1985 H. STAFF - REPORTS, CORRESPONDENCE AMID ANNOUNCEMENTS: Item 1.a) City Manager (continued): `/ MOTION SBCCNDED AMID FAII,ED: Moved by van Tamelen, seconded by Dronkert and failed by the following roll call vote to direct the City Manager to draft an agreement with Zaccor for removal of the eucalyptus trees. AYES: Mayor Dronkert and Councilmarber van Tamelen NOES: Councilmenbers Allison and Rydell ABSENT: Mayor Pro Ten Fuhnnan MOTION SECONDED AMID CARRED: Moved by Allison, seconded by Rydell and passed by the following roll call vote to direct the City Manager in cooperation with the City Attorney to prepare an agreement with Blue Ox for the removal of the eucalyptus trees. AYES: Councilmenbers Allison and Rydell NOES: Mayor Dronkert ABSENT: Mayor Pro Ten Fuhrman ABSTAIN: Mayer-Bsenketb Councilmember van Tamelen (A W-IDED BY COUNCII, 10/16/85) b) Report on Secondary Unit Policy The City Manager presented his report dated 9/26/85 which noted that staff supported Councilman Allison's suggestion that staff continue to apply the definition of living unit presently being applied at the adndnistrative level, and for the dis- cretionary approval authority, i.e. Planning Cmmission and City Council, to require use permits for proposals which do not meet the administrative definitions of living unit but are clearly secondary living units. PASSED BY CONSENSUS: Council concurred with the City Manager's 9/26/85 report on the secondary unit policy. C) Ford Country Day School The City Manager referred to a letter from Ford Country Day School dated 9/30/85 which requested an encmacbm ent permit for two blue and white directional signs. This request is in accordance with the use permit issued to Ford Country Day. MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and passed unanimously by all members present to direct staff to prepare an encrosctmient permit for Ford Country Day School for the next Council agenda. d) Agreement with Martin Carpenter The City Manager noted that the contract with Martin Carpenter for planning services had technically terminated on 10/1/85 and it was reccnmen that Council approve an addendum to the agreement with that firm to extend services until 4/1/86. Council discussed this request and Rydell expressed concerns that the addendum included no information on the financial impact of such an extension or the goals and schedules related to the contract. (AMENDED BY COMUIL 10/16/85) MOTION FA= DUE TO IACK OF A SECOND: Moved by Allison to adopt the Resolution approving and authorizing execution of addendum to a, reement between the City of the Town of Los Altos Hills and Martin Carpenter Associates, Inc. with the option to cancel after thirty days upon receipt of the report from the City Manager on the financial impact to the Town of such an agreement with Martin Carpenter. It was noted that the agreement already included a thirty day cancellation option. -8- CITY COUNCIL MINUTES - October 2, 1985 H. STAFF - REPORTS, CORRESPONDENCE AMID ANN(HPICESIINIS: Item 1 - City Manager (continued): NCTION SECYRIDm AMID CARRIED: Moved by Dronkest, seconded by Allison and passed by the following roll call vote to adopt Resolution #138-85 approving and authorizing execution of addendum to agreammt between the City of the Town of Los Altos Hills and Martin Carpenter Associates, Inc. AYES: Mayor Dronkert and Councilnimbers Allison and van Tamelen NOES: Councilmember Ryrdell ABSENT: Mayor Pro Tan Fuhnman PASSED BY CONSENSUS: To direct the City Manager to prepare a report on the financial impact of the addendum to agreement with Martin Carpenter for the next Council agenda. e) Clearing of Debris - Liddicoat Fire Area The City Manager reported that the California Conservation corps was assisting the property owners in the fire damaged area in clearing the debris from the 7/1/85 fire. As it turned out there was substantially more debris than was originally estimated. The Town had attempted to receive assistance in removing this debris; however, to date there had been no progress in this area. The City Manager did note that Senator Morgan's office had been of tremendous assistance in working with the Toxon on this matter. As the situation now stood, there world be dumpsters located in the area with a Town crew manlier and loader and the California Conservation Corps would be available to chip the debris. The City Manager noted that this could cost the Town a maxi of $6,000; however, at this time it was difficult to determine the actual costs. It was noted that after the project was ompleted the decision could be made whether the Town would absorb the cost or whether the property owners (approximately 90) would be required to pay all or part of the cost. PASSED BY CONSENSUS: To direct the City Manager to continue with the work schedule for removal of the debris and any actual cost involved should be divided among the Property owners involved and these property owners shall be notified of the actual costs. MOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Rydell and passed unanimously by all msnbers present to go past the hour of adjournment of 11:30 p.m. f) Site Development Committee - Reimbursement of Expenses The City Manager requested clarification from the Council on the policy for reim- bursenent of vehicle expenses for the nmbers of Site Developmnt Conmittee. Did Council intend for this policy to include the unofficial members of the Site Develop- ment Committee, specifically the representatives from the Pathway and Envirwmental Design Coanittees? MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to authorize reimbursement of vehicle expense to all four members of the Site Development Committee at a cost of $20 per meeting. CITY COUNCIL MINUTES - October 2, 1985 y The City Manager reported that he had been advised that the application for the Lands of Kahng had been tabledat the Site Development Ca mittee Meeting on 10/2/85. Therefore, this item should have been remved from the Consent Calendar. PASSED BY CONSENSUS: To direct the City Attorney to prepare a resolution rescinding Resolution #131-85 setting the time and place of public hearing on an application for a special land use permit (Lands of Kahng - 15968 Vista Serena) 2. City Attorney: 3. City Clerk: Report on Council Correspondence 9. Other: I. NEW BUSINESS: 1. Setting the time and date of study session on the 'July 1 Task Force Final Report' The study session on the 'July 1 Task Force Final Report' was scheduled for 9:00 p.m. on Thursday, October 10, 1985. F 10101FAQAiONIB There being no further new or old business to discuss, the City Council adjourned at 11:90 p.m. -10- Respectfully submitted, Patricia Doul, City Clerk H. STAFF - REPORTS, NHHFSPONDENCE AND ANNOUNCEM71.'S: Item 1 - City Manager (continued): g) Consent Calendar: Item B.3.a) Lands of Rating y The City Manager reported that he had been advised that the application for the Lands of Kahng had been tabledat the Site Development Ca mittee Meeting on 10/2/85. Therefore, this item should have been remved from the Consent Calendar. PASSED BY CONSENSUS: To direct the City Attorney to prepare a resolution rescinding Resolution #131-85 setting the time and place of public hearing on an application for a special land use permit (Lands of Kahng - 15968 Vista Serena) 2. City Attorney: 3. City Clerk: Report on Council Correspondence 9. Other: I. NEW BUSINESS: 1. Setting the time and date of study session on the 'July 1 Task Force Final Report' The study session on the 'July 1 Task Force Final Report' was scheduled for 9:00 p.m. on Thursday, October 10, 1985. F 10101FAQAiONIB There being no further new or old business to discuss, the City Council adjourned at 11:90 p.m. -10- Respectfully submitted, Patricia Doul, City Clerk