HomeMy WebLinkAbout12/04/1985C= COUNCIL
TOM OF IDS ALTOS HTTT
26379 Fremont Road
Los Altos Hills, California
n a. • •,ar is Dig
Wednesday, Decamber 9, 1985
co: Roel 173, Tr. I, Side I, 001 -end, Tr. I, Side II, 001-138
Mayor Dronkert called the Regular Meeting of the City Council to order at 7:35 p.m.
in the Council Chambers at Tuan Hall.
Present: Mayor Dronkert and Councilmembers Allison, Fuhrman, Rydell and van Tamelen
Absent: None
Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer
Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd
Planning
Comm: Judith Carico
Press: Michael McDevitt, Ios Altos Town Crier
Council had before than no applications for the Environmental Design & Protection
and Safety Committees. One application had been received for the Roads & Drainage
Committee.
MOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Fuhrman and passel by
the following roll call vote to appoint Mr. Lester A. Waller to the Roads & Drainage
Committee.
AYES: Mayor Dronkert and Councilmwmhars Fuhrman, Rydell and van Tamelen
NOES: None
PRESENT: Cuunc;lmenber Allison
NIt•_l11k' W2ki
Items Removed: C.1 (Dronkert), C.2 (van Tamelen), C.3.e) (Allison)
Item Added: C.3.g) Resolution # setting the time and place of the meeting
to consider adoption of proposed increases in site development
permit fees or charges
MOTION SECONDED AMID CARRIED: Moved by Fuhrman, seconded by Allison and passed unani-
mously to approve the balance of the amended Consent Calendar:
CITY COUNCIL MINUTES - December 4, 1985
C. CONSENT CALENDAR: (continued) :
3. Resolutions for Adoption:
a) Resolution #160-85 setting the time and place of public hearing on an
application for a Special Lard Use Permit (Lands of Bob Owen Homes, Inc.,
Lot #6, Bentley Court - two story residence application)
b) Resolution #161-85 setting the time and place of public hearing on an
application for a Special Lard Use Permit (lands of Bob Owen Homes, Inc.,
Lot #6, Bentley Court - single story residence application)
c) Resolution #162-85 setting the time and place of public hearing on an
application for a Special Land Use Permit (Lards of Chang, 27220 Carrington)
d) Resolution #163-85 setting the time and place of public hearing on an
application for a Special Land Use Permit (Lards of Markoff, 27961 Central)
f) Resolution #164-85 approving issuance of use permit for secondary dwelling
and authorizing execution of use permit and ordering recordation thereof
(lands of Davis, 28545 Matadero Creek Lane)
g) Resolution 0165-85 setting the time and place of the meeting to consider
adoption of proposed increases in site development permit fees or charges
D. PRESENTATIONS FROM THE FLOOR:
E. REPORT FRIM THE PLANNING COMMISSION:
Commissioner Carico noted that since the Planning Commission meeting scheduled
for 11/27/85 had been cancelled, she had re report.
F. ITEMS 12ES�DVID FROM THE CONSENT CALENDAR:
1. Approval of Minutes: November 20, 1985 and November 26, 1985
Dronkert requested clarification of Item F.1 in the 11/20/85 minutes. In addition
to comentins7 on the discussion of this item at the 11/20/85 meeting, the City
Engineer further noted that since the 11/20185 meeting, Mr. Barton had realized
that his request to Trove the conservation line was unnecessary.
MOTION SECONDED AMID CARRIED: Moved by Dronkert, seconded by van Tamelen and passed
unanimously to approve the minutes of the 11/20/85 Council meeting and to approve
the minutes of the 11/26/85 Council meeting with the following amendment: page two,
Item B., paragraph one, add the following - 'and that he would request the Sheriff's
Department for additional morning patrols on the S -lave.'
2. Approval of Warrants: $56,179.75 and $33,167.13
van Tam elen notedthat she had removed these items from the Consent Calendar because
having just received then she had not had the opportunity to review them properly.
Having looked at then however she did question why some checks had been drawn for such
small amounts. The City Manager responded that the 'loom had accounts at these stores
and apparently the charges for the month were quite small.
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CITY COUNCIL MINUTES - Decenber 4, 1985
F. ITEMS IU74DVED FROM THE ODNSENT CALENDAR: (continued);
`r 2. Approval of Warrants: $56,179.75 and $33,167.13 (continued):
MOTION SEORIDED AMID CARRIED: Moved by van Tamelen, seconded by F uhrnan and passed
by the following roll call vote to approve the warrants in the amunts of $56,179.75
and $33,167.13.
AYES: Mayor Dronkert and Councilmembers Flilu=, Rydell and van Tamelen
NOES: Councilmmber Allison
3. Resolution # accepting irnprovements for Lands of Gigli, Tract #6763
Allison stated that he was not willing to approve acceptance of the inprovenents
for Tand of Gigli as the utility pole in the existing paved road section had net
yet been removed by PG&E.
The City Attorney noted that if Council wished they could accept part of the improve-
ments by resolution with approval of the remainder at a later date when PG&E had
canpleted the work.
Council further discussed the hazardous situation created by the utility pole
having not been removed and also of the guidewires which cannot be seen at night.
The option of closing Gigli Court until the work had been completed by PG&E was
discussed.
Mr. Gigli, applicant, stated that he had applied to PG&E on 6/14/85 and was still
waiting for the work to be canpleted. In connection with the possible closing of
Gigli Court, Mr. Gigli was concerned about being able to get to and fnan his hare.
However, he understood when advised by Council that if this action should be taken,
he would certainly be able to travel the road at his own risk; the Town would not
be responsible.
MOTION SIXXMIDED AMID CARRIFo: Moved by Rydell, seconded by van Tamelen and passed
by the following roll call vote to adopt Resolution #166 accepting a portion of the
- inprovenents in connection with Tract No. 6763.
AYES: Mayor Dronkert and Councilmanbers Fubr,+an, Rydell and van Tamelen
NOES: Canncilmenber Allison
MOTION SECOMED AMID CARRIED: Moved by Rydell, seconded by Allison and passed unani-
mously to adopt Resolution 0167 ordering temporary closure to the public of Gigli
Court fmn its intersection with Elena Road.
Mayor Dronkert requested and Council agreed that a copy of the Council minutes on
this subject would be sent to Mr. Dennis Ikerd at PG&E.
G. SPECIAL ORDERS:
1. Public Hearings:
a) LANDS OF RAYDEN, 26015 Torello Lane, request for a special land use permit
to allow construction of a new residence having a height in excess of
L fifteen feet
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CITY CaMIL MTNO'TES - December 4, 1985
G. SPECIAL ORDERS: Item La) - Public Hearing - Lands of Rayden (continued):
The Town Planner presented her report dated 11/26/85 which noted that the Site
Developmnt Coamittes reanmended approval of the Special Land Use Permit for
the proposed new residence at 26011 Torello Lane.
van Terolen expressed concerns about the proposed grading and intense development
planned for this lot. Staff stated that the applicant had been informed that they
were at the maximum development area allowed for this lot.
MYTION SEWIIDED AND CARRIED: hbved by ESilnnaan, seconded by Rydell and passed by the
following roll call vote to approve a special land use permit for the Lands of
Rayden for construction of a new residence having a height in excess of fifteen feet
based on the project's conformance with the guidelines for Ordinance #295.
AYES: Mayor Dronkert and Council+nexibwrs Allison, Fuhrnh]n and Rydell
IDES: CouncilmeMoer van Tenelen
b) IANDS OF CHEWS, 11651 Jessica Lane, appeal of Planning Cannission's
decision regarding setback determination
Council had before then a letter of appeal dated 11/14/85 from Mrs. Cheng requesting
a 40' setback from Magdalena and a 30' setback frau Jessica Lane. Mrs. Cheng's letter
also noted that they wanted to enclose their deck and replace their roof which was
leaking. The Planning Commission, at their 11/13/85 meeting, had determined that the
owner's choice of a 40' setback from Magdalena would be injurious to the public interest,
O=assioner Carico cartmnted on the historical approach to setback determinations.
It had been the intent that the 40' setback would be from the front of the property;
Where the driveway connected to the street (access to the property) there would be a
40' setback. In this particular case before Council, Commissioner Carico noted that
the other property owners on Jessica were observing the 40' setback off of Jessica.
Mrs. Carico stressed the importance of consistency in these decisions.
van Tamelen cmmented that setback decisions were made at Site Developmnt and the
applicant could then appeal their decision to the full Planning Caimission if they
wished. Both Rydell and van Tamelen suggested it would be more appropriate for the
Chengs to apply for a variance.
Mr. Marc Kaufman, 14100 Donelson Place, mmmnted on the possibility of a procedural
prob en. The setback aeeEern trop was not a hard and fast rule and were not
uniformly designed throughout the Tuan. Mrs. Mary Stutz, 25310 Elena, found it difficult
to understand the request to change a setba ter a e ilt on the
property.
Mrs. Cheng, applicant, stated that she felt the Planning Cavoission had not been
consistent rnetrrecent decisions regarding setbacks. In ackdi.tion, she did not
feel that her request was injurious to the public interest.
The City AttOmey 031miente3 that if the ordinance currently in place did not reflect
the policy of the Tann it should be changed. He also noted that in the future setbacks
could be determined at the time of subdivision. In the particular case before Council,
the setback determination is still undetermined, the house presently conforms on both
Jessica and Magdalena and the Council needs to determine that the Planning Cannission's
findings of injurious to the public interest are adequate.
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CITY COUNCIL MINUTES - December 4, 1985
G. SPECIAL ORDERS: Item l.b) - Public Hearing - Lands of Cheng (continued):
�. MOTION SECO= AND CARRIED: Moved by van Tamelen, seconded by Fl,h and passed
by the following roll call vote to uphold the Planning Commission's decision for
a 40' setback off Jessica Lane for Lards of Cheng.
AYES: Councir+enbrs FUkaman, Rydell and van Tamelen
NOES: Mayor Dronkert and CouncilmemnAr Allison
MOTION SEEDMIDED AMID FAILED: Moved by Allison, seconded by van Tamelen and failed
by the following roll call vote to waive the variance application fees for Iards
of Cheng.
AYES: CouncihremUers Allison and van Tamelen
NOES: Mayor Dronkert and Co ncilm mbers Fuhrman and Rydell
MOTION SEOONDED AND CAM=: Moved by Dronkert, seconded by van Tamelen and passed
unanimously to apply the $135 appeal fee toward the variance application fee, if
the Changs should apply for a variance.
2. Resolution # ordering and calling a General Municipal Flection to be held
on April 8, 1986, and Providing for giving notice thereof
MOTION SECONDED AMID CARRIED: Moved by Fuhrman, seconded by van Tamelen and passed
unanimously to adopt Resolution #168-85 ordering and calling a General Municipal
Flection to be held on April 8, 1986, and providing for giving notice thereof
3. Resolution # requesting the Registrar of Voters of Santa Clara County to
render specified election services pursuant to Section 22003 of the Elections
Code
MOTION SFXDMIDED AMID CAR=; Moved by Fuhrman, seconded by van Tamelen and passed
unanimously to adopt Resolution #169-85 requesting the Registrar of Voters of Santa
Clara County to render specified election services pursuant to Section 22003 of the
Elections Code
4. Resolution #_setting certain policies applicable to candidates in the
April 8, 1986 election
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Fuhrman and passed
unanimously to adopt Resolution #170-85 setting certain policies applicable to
candidates in the April 8, 1986 election.
5. Request to file late claim: Baron C. Sarto
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Fuhrman and passed
unanimously to deny application for leave to present late claim (Baron C. Sarto)
Allison stated for the record that he was distressed this claim came from the law
offices of one Am was a meNuer of the Intergrnresrmiental Council, a Trustee of the
Foothill -De Anza Community College District, and who was fully aware of the 'deep
pocket' issue.
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CITY COUNCIL MINUPFS - December 4, 1985
H. UNFINISHED BUSINESS:
1. Request for Council to reconsider Lauds of Korpontims, Site Approval File 4-83
Mr. Anthony Lagorio, applicant's attorney, referred to his letter of 11/22/85 to
the Council which asked their approval of reconsidering this item. It was their
understanding that a public hearing would be set at the 11/20/85 Council meeting,
not that it was on the Consent Calendar for approval at that meeting.
M7TION SECONDED AVID CARRIED: Moved by van Tamelen, seconded by Flihrman and passed
by the following roll call vote to reconsider Lands of Korpontims, Site Approval,
File SA #4-83, at the 12/18/85 Council meeting.
AYES: Mayor Dronkert and Councilmenbers Fuhrman, Rydell and van Tamelen
NOES: Councilmember Allison
* 2. Consideration of Special Land Use Permit/Urgency Ordinance Procedure
The Town Planner referred to her report dated 11/26/85 which discussed the effective-
ness and usefulness of Ordinance 4295 and included the recmTneridation that Council
My want to consider extending the Ordinance. The City Attorney stated that a public
hearing would have to be held on the subject of extending the ordinance prior to its
expiration of 1/26/86. He suggested that Council set this public hearing for the
1/15/86 Council meeting. By taking that action, Council would be able to extend the
ordinance if, after their review of all of the materials before then, they wished to
follow that course.
�, PASSED BY CONSENSUS: To agendize a resolution declaring the intention to consider
the second extension of the existing moratorium upon use of real property for the
construction of or conversion of structures in excess of fifteen feet in height, and
setting the time and place of hearing thereon for the 12/18/85 Council meeting.
* 3. Fremont Road S -Curve: Cost Estimate for Soils Engineer
The City Engineer reported that he had obtained two estimates for work on the
Fremont Road S -Curve. One estimate was for $1,900 which covered a surface study.
The other estimate was $4,400 which also included a subsurface study of the project.
The City Attorney recartmnded preparation of a contract which covered both areas
of work, with no work to be done on the more expensive study unless authorized by
Council.
PASSED BY CONSENSUS: To direct the City Attorney to prepare a contract for soils
work on the Fremont Road S -Curve covering both estimates obtained by the City Engineer
and stating that no work would be done on the more expensive study unless approved
by the City Council. This contract will be agerdize3 for the 12/18/85 Council meeting.
4. Central Drive Fire Road
As a result of questions raised by a resident, the matter had been continual from
the 11/20/85 Council meeting. Council had before then the 11/26/85 report from the
City Engineer on the background on the Central Drive Fire Road, the report dated
kW 1214/85 on the Mayor's visit with Mr. Reiser to see Central Drive, and a copy of the
812184 report from the Los Altos Fire Department on Emergency Access Roads.
* To allow those residents waiting to discuss the Central Drive Fire Road issue to
address the Council at an earlier time, items 2 and 3 were actually discussed after
item 4.
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CITY COUNCIL MINUTES - Decaiber 4, 1985
H. UNFINISHED BUSINESS: Item 4. Central Drive Fire Iniad (continued):
�r Mr. James Pataore, 27650 Central Drive, was disturbed that the crew had come on
his property without his beug roti red and he did not know what the plans were
for Central Drive. He also questioned the value of Central Drive as a fire road
and felt that if the road were in better shape it would attract more traffic.
Mr. Patmore commented that the crew who had been corking on the project was not
well informed and had cleared too much from the sides of Central. In conclusion
Mr. Patmore noted that he understood the plans included improving the intersection
which he felt would create a public parking area.
Mr. Hillard Reiser, 27660 Rad Rork Road, related some of the history of Central
Drive and stated t in his opinion the hazards incurred by improving the fire
road were more dangerous than the potential of an actual fire. MrsmmiAl for
11990 Page Mill Road,mm
commented that Central Drive was a very sensitive area
and the neighbors enjoyed it as it was. She was concerned about the work that
had been done by the crew to date and about the fact that they had not done any
work on the Town owned section.
Dronkert referred to the materials Council had before them on Central Drive,
with particular reference to Stu Farwell's letters of 11/69 and 8/84 concerning
the Fire Department's listing of emergency fire roads in the Ton. Dronkert
stated that the emergency access road listing was part of an overall plan for
the 'Town and Council had approved the clearing of vegetation and the fixing of
the grade separation between Red Rock and Central. Dronkert requested the City
Manager to have the area reseeded where the crav had trimied away too much of
the vegetation.
Mr. Marc Kaufman, los Altos Fixe Protection District, reported that this matter
had been discussed at aur est meeting. He stressed the importance of the
maintenance of the Town's emergency roads. The possibility of a fire exists
and the Fire Department would need to be able to get to this area from two
directions. The were not proposing to use the road on a daily basis.
Puh man stated for the record that every resident needed a alternate way out in
case of. emergency. The importance of the emergency road access system was even
more obvious after the fire in July of this year. Rydell, although agreeing with
Fuhrnan, rated that improving Central Drive would bring more people into the area
who could be fire hazards themselves. Ffiatever work was done on Central Drive,
Rydell stated it could not look like a real road after the improvements.
MDTICN SDIXRIDED AND CAR1=: Moved by Fuhrman, seconded by Rydell and passed by
the following roll call vote to approve Central Drive as an emergency access road
with general public usage deterred in any way possible and to authorize staff to
continue work on the removal of vegetation and correction of the grade separation
between Red Iniad and Central.
AYES: Mayor Dronkert and Ccuncilmobess Allison, FUhrman and van Tamelen
NOES: Councilmanber Rydell
The City Manager stated that he would report at the next meeting on the limitations
of access and corrections of road defects planned for Cenrtal Drive.
V Councilmenber Rydell left the meeting at 11:00 p.m.
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CITY COUNCIL MI1V7UTFFS - Decenber 4, 1985
{, I. SPECIAL REPORTS:
v 1. Reports from Standing Committees:
2. Reports from Pd Hoc Comnittees:
3. Comients from the Council:
a) van Tamelen: Planning Caamission and Pathways Committee
van Taaelen made three requests which staff noted would be done in the future:
1) Planning Coimtission and Pathways Ommittee will receive copies of site
development letters; 2) agendas for Site Development Meetings will be placed
in the Planning Cordssion's box in Council office; and 3) a copy of the final
conditions of approval for subdivisions will be sent to the Planning Oxmmission
and Pathways Committee.
b) Allison: PG&E
Allison reported that he, the Mayor and the City Manager had met recently with
Dennis Ikerd, PG&E, to discuss improvements of service in the Town by PG&E. The
neeting was quite informative and informational packets would he distributed to
the Council.
c) Dronkert: recent correspondence
Dmnkert camented on the information letters received recently from Assemblyman
kw Y=yu and Senator Wilson; m response required. It was agreed that a letter would
be sent to the Building and Construction Trades Council stating that the Town was
not a. member of National League of Cities therefore would not have a -vote concerning
the Davis -Bacon Act.
d) Dronkert: Purissima Hills Water District
Dronkert noted that the Water District would be sharing their emergency generator
with the Town and she thanked then for this cooperation.
J. STAFF - REPORTS, O IUMPOfIDINCE AND AMDUNMVENTS:
1. .City Manager
2. City Attorney:
a) Resolution # endorsing the 'Fair Responsibility Act of 1986' and
urging its support and passage to relieve the financial strain imposed
cnl local goverment and its taxpayers.
M:YTION SECONDED ASID CARR=: Moved by Allison, seconded by Ftftmem and glassed unani-
mously by all manbers present to adopt Resolution #171-85 endorsing the 'Fair
Responsibility Act of 1986' initiative measure.
( 3. City Clerk: Report on Council Correspondence
v Council accepted the report dated 11/27/85 on Council Correspondence.
4. Other:
CITY COUNCIL MIN[71'FS - December 9, 1985
K. NEW BUSINESS:
1. Consideration of Cancellation of January 1, 1986 Council Meeting.
PASSED BY 03NSENSUS: To cancel the January 1, 1986 Council Meeting.
• •,iia'.._
There being no further new or old business to discuss, the City Council adjourned
at 11:30 p.m. to an Adjourned Regular Meeting on Friday, December 6, 1985 at
7:30 a.m. (breakfast meeting with the Foothill-DeAnza Cnmcunity College District's
Board of Trustees).
Respectfully submitted,
Patricia Dvnd, City Clerk
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