HomeMy WebLinkAbout02/16/1983CITY COUNCIL
TOWN OF IAS ALTOS HILLS
L 26379 Fremont Road
Los Altos Hills, California
MINUTES OF A RFGUfAR MEETING
Wednesday, February 16, 1983
cc: Reel 141, Tr. II, Side I, 251 -end; Tr. II, Side II, 001-670
Mayor Perkins called the Regular Meeting of the City Council to order at 7:35 p.m.
in the Council Chambers at Town Hall.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Perkins and Councilmenters Allison, Proft and van Tamelen
Absent: Coumci.lwmian Rillestad
Staff: City Manager Ann Hinshaw, City Attorney Frank Gillio, City Planner
John Carlson, Assistant City Planner Pat Webb, Planning Commission
Representative Jain Struthers and City Clerk Pat Doted
Press: Florence Pallakoff, Los Altos Torun Crier; Mary Duenwald, Peninsula
Times Tribune; Ed Hering, San Jose Mercury
1. Matadero Creek Subdivision - Offers on Lots and Related Matters
There were no offers presented on lots for the Matadero Creek Subdivision.
B. CONSENT CALUtIDAR:
Items Removed: B.1 - 2/2/83 minutes (Allison); B.2 (Allison); B.4.b) (Allison)
MYITION SEOO`IDED AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously by all merbers present to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes: February 9, 1983
3. Resolution #1527 appointing Leslie Mullins as Deputy City Clerk of the
City of the Tawn of Los Altos Hills
4. Actions of the Planning Crnmission: recaumended granting of the following:
a) LANDS OF OWLMOD FARMS, File CUP #8007-75
Items Removed:
1. Approval of Minutes: February 2, 1983
Allison made the following corrections to the minutes: page three, Item A.2 -
add the following sentence: David Musser, Moody Road, stated that illegal grading
had been done on Town property which led to the flooding problems at Rhus Ridge.
CITY COUNCIL MINITPES - February 16, 1983
B. CONSENT CALENDAR (continued) - hens Ranoved
4W On page seven, Item G.3 the motion should read as follows: Moved by Allison,
seconded by Perkins and passed unanimously by all members present to direct
the City Attorney to prepare a resolution expressing opposition to the use of
Guadalupe College Site as a prison. On page six, Item F.1 - correct the
following typographical error: the hours of recycling should be 10:00 to 4:00.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed
by the following roll call vote to approve the minutes of February 2, 1983 as
amended.
AYES: Mayor Perkins and Cou ncilmeubers Allison and van Tamrelen
NOES: None
ABSTAIN: Councilman Proft
Proft abstained from approving the minutes of the 2/2/83 meeting since he was
not present at the meeting.
Allison requested explanations of the following warrants: #9085, 9087, 9099, 9100,
9100, 9102, 9104 and 9109. The City Manager reported on these expenses with
the comment that additional information would be forthcoming on warrant #9100.
Allison requested that a 12 month review be made of expenses for the back hoe
and tire repairs. It was also agreed to delete warrant #9087 for further review.
MTPION SEmNDED AND au4u 9: Moved by Allison, seconded by van Tamelen and passed
by the following roll call vote to approve the warrants for 2/16/83 with the
deletion of warrant #9087.
AYES: Mayor Perkins and Ccunc>>maTbers Allison and van Tamelsn
NOES: Councilman Proft
4. Actions of the Planning Camuission: recaumended granting of the following:
b.) LANDS OF TYLER, File VAR #10-82
Allison questioned the placement of the solar panels and van Tamelen asked
whether a landscape fee was appropriate. The Planning Commission Representative
explained time review which had been made concerning the panels and staff noted
that it had been determined that a fee was not required as part of the conditions.
MYTION SECDNDED AND CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all members present to approve LANDS OF TYLER, File VAR #10-82.
C. SPECIAL REPORTS:
1. Reports from Standing Committees: none
2. Reports from Ad Hoc Committees: none
3. Reports from the Planning Cammi.ssion: none
Wa
CITY COUNCIL MINUTES - February 16, 1983
[[ C. SPECIAL REPORTS: (continued)
�r 4. Presentations from the Floor:
Alma NUod 12151 Stonebrook, raised the following issues: expenses incurred
for delivering Council agenda packets, preparation of a complete inventory of
Tom materials and availability of the 1981-82 audit.
The City Manager stated that an inventory may not be available until the time
of budget review due to time constraints; however, she would report at a later
date to the Council on this matter. Concerning the Town's audit, it was noted
that it could not be released at this time because it had not been paid for.
Discussion regarding the billing for the audit were being held to resolve this
matter. Allison stated that this was a priority itan and he wished to see it
resolved.
and sensible San FraneiSgUito Creek
area rourang, aeaarensexa.-
development - the need for express buses. specifically Dr. Cross asked the
Council to request the Metropolitan Transportation Commission through the Santa
Clara County Transportation Agency to include in the 1983 STIP project development
work for a north county access to Foothill College directly from 280, with particu-
lar concern for efficient and attractive express bus service, and for a practical
onramp or turnout in the vicinity for northbound passengers on express buses and
for car pool or vanpool boarding.
Alma Wood, 12151 Stomebrock, noted that a VANTRANS meeting was scheduled for 2/23
at which time the financial future of Vantrans was going to be discussed and
Council may wish to defer a decision until a report was made on this meeting.
Council thanked Dr. Cross for advising then of this issue. They noted, however,
that additional time was needed to review this information and to await further
reports. A report would be made at a later date and the City Manager would keep
Dr. Cross advised of developments.
D. STAFF - REPORTS, ODRRRI SPONDENCE AMID ANNOUNCEHMS:
1. City Manager's Reports:
a) Status Report on Ton- ned vehicle (Ford Granada)
The City Manager referred to the staff memo dated 2/16 in which it was noted
that three bids bad been received for the car ($2,000, $2,210 and $2,400).
MOTION FAILED DUE TO LAK OF A SDCDND: Moved by Allison to accept the bid of
$2,400 unless there were someone present at the meeting who wished to purchase
the car. (ADD 'for a greater amount of money' - AMMIIDID BY COUNCIL 3/7/83)
MOTION SECONDED ASID CARRIED: Moved by van Tanelen, seconded by Proft and passed
by the following roll call vote to assign the Ford Granada to the City Manager
in lieu of a car allowance.
AYES: Mayor Perkins and CounciltTembers Proft and van Tamelen
NOES: Councilman Allison
*MUrION FAILED DUE To LACK OF A SECOND: Moved by Allison to direct the City Manager b
write a letter to the Metropolitan Transportation Commission requesting they include
in the 1983 STIP project development work for a north county access to Foothill
College directly from 280 (AHMEDBY COUNCIL 3/7/83)
3
CITY COLNCIL miNUrrEs - February 16, 1983
i' D. STAFF - REPO= CORRESPOMENCE AND ANNOUNCII4QP15: (continued)
few b) Report on False Alarms
The City Manages referred to her 2/10 report on false alarm enforcement. It
was noted that dissemination of the alarm ordinance was needed before enforcement
began and questions regarding the citation process needed to be resolved. The
City Manager commented that discussions would be held with the Sheriff's Depart-
ment and the City Attorney and a report would be submitted to Council at the
3/2 meeting.
Council discussed the possible options of enforcing this ordinance at once.
van Tauelen suggested that letters be sent to all residents with recorded
false alarm violations. Allison raised the possibility of the Sheriff's deputies
advising residents of the ordinance and he also questioned whether the amount
of the $25 fee was adequate to cover costs.
NOTION FAII,ED DUE TO LACK OF A SECOND: Moved by Allison to direct the Sheriff's
department to begin immediate enforcement of the false alarm ordinance.
C) Status of Town Budget
The City Manager reported that no information had been received to date fran
the State. A review was being made of the Town's budget regarding expenditures
and revenues and a report world be presented to Council in the near future. The
City Manager further cammented that a report would also be made on the impact of
a reduction in revenue from the Planning Department.
d) Storm Problems
The City Manager reported that staff was presently corking on developing a plan
of action regarding storm problems in Town. At the Mayor's request it was
agreed that a letter would be sent to all residents who addressed the Council
at the 2/2/83 Council meeting concerning storm problems.
e) Newsletter - 2/15/83
Allison referred to the Mayor's letters of 11/8/82 concerning changes in the Town's
representation to various organizations. In view of Council action taken at that
time he expressed serious concerns about the 2/16/83 luncheon meeting attended
by a representative of the Los Altos Garbage Canpany, Councilwoman Hillestad and
K the City Manager.
2. City Engineer:
a) Sewer Capactiy Study: Adobe Lane/Moody Road Service Area
This item was continued to the 3/2/83 Council meeting for additional information.
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CITY COUNCIL MINUPFS - February 16, 1983
E. SPECIAL ORDERS:
1. Public Hearing:
a) Request for Conditional Use Permit and Parcel Map Lot Line Adjustment,
LANDS OF DAUGHTERS CF CHARITY, File CUP #1-82.
The followinq representatives frau Ruth & Going, Inc. were present: Jack
Ott -site views or tEe'-p-lans for the laboure Residence and the addition to the
present Seton building. A specific discussion followed concerning the facilities
and it was noted that due consideration had been given to the placement of these
facilities and their impact of the area.
Assistant Planner, Pat Webb, presented a staff report which addressed the
following issues: slope density, maximum develcgnent area, off-site visibility,
population, parking, traffic and paths.
Louise Dronkert, 27431 Black Mountain Road, requested clarification of the
following matters: Era ic, is ran eucalyptus trees and the long-term
use of the facilities in question.
Council asked the applicant for clarification of the following itans: traffic
landscaping, type of roof, amount of fill, possible problems with eucalyptus
trees on Altamrmt and the geologic report was submitted by William Cotton and
Associates. Council expressed particular concerns regarding the matter of
drainage. Proft eaphasized that areas three and four would require specific
attention regarding drainage when the plans came before Site Development. Perkins
suggested including the possibility of retention basins when the plans went
before Site Development. Allison couren ted that the applicant should be put on
notice that developrent plans which had already been approved for the adjacent
Horton property may have an adverse impact on the applicant's drainage situation.
Allison further suggested an informal meeting between the Daughters of Charity
and the Hortons concerning this drainage issue.
Don Boos, landscape architect for the Hortons, addressed the Council on behalf
of the Hortons. Tney were suggesting tliii option of putting a peripheral trail
ompletely around their property and abandoning the present trail easement they
share with the Daughters of Charity.
Fran Stevenson, Chairman/Pathways Cmvdttee, agreed that the Horton' offer was
worthy of review anmrg t woiR out to everyone's benefit.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all members present to amend Condition 9 of the CUP to read as follows:
"All grading and drainage for proposed improvements are subject to the approval
of the Site Development Candttee and Town Engineer. off site drainage improvanent:
shall be required."
M TI(N SECONDED APED CARRIED: Moved by van Tamelen, seconded by Allison and passed
unanimously to add Condition lla) as follows: "Approval of landscape plan including
but not limited to consideration of safety hazards of eucalyptus trees on Altamont
Road."
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CM COUQCIL MINUTES - February 16, 1983
E.
SPECIAL ORDERS: Item l.a) (continued)
MOTION SECONDED AMID CARRIED: Moved by PrOft, seconded by van Tamelen and passed
unanimously by all members present to add the following to Condition #13:
"A five foot (5') rock path shall be constructed around the water tower located
adjacent to the Horton property. The path shall be incorporated into the Site
Development Permit for the LaBoure Residence and Seton Addition."
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all members present to approve the Conditional Use Permit, as amended,
for IANDS OF DAUORTERS OF CHARITY, File CUP #1-82.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all members present to adopt Resolution 41528 approving Parcel Map for
Lands of Daughters of Charity.
F.
GENERAL ORDERS AND UNFINISHED BUSINESS:
1. Joseph Dochnahl's 50th Wedding Anniversary
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by van Tamelen and
passed by the following roll call vote to adopt Resolution #1529 congratulating
Commander Joseph Dochnahl and his wife, Jeanne, upon their 50th wedding anaiver-
sary.
AYES: Mayor Perkins and Councilmnembers Proft and van Tamelen
NOS: None
PRESENT: Councilman Allison
2. Report on Matadero Creek Subdivision - OC&Rs
The City Attorney referred to his report to Council dated 1/12/83 which included
a summary of recommended or alternative amena< is to various clauses in the
CC&Rs.
William Brooks, atto for James Viso, addressed the Council concerning the
report on e CC&Rs before them. He noted that he and Mr. Gillio had met
concerning the CC&Rs and while he agreed with the non -policy changes, he did
have some questions concerning clauses which were policy matters. Mr. Brooks
particularly referred to the issue of an Architectural Control Cammittee.
Louise Drcnkert, 27431 Black Mountain Road, and Frank Saul, 27977 Via Ventana,
each commented to the Council on the structure Of the Architectural Control
Committee.
MOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Allison and
passed unanimously by all members present to change the word 'designated' to
'dedicated' in Clause 3.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and passed
unanimously by all members present to amend the first sentence under open space
easements to read as follows: "Open space easements, as dedicated upon the recorded
,`
map, are reserved for the preservation of the land for the benefit of all residents
of the Town, and for private, law recreational use; however, the underlying fee
belongs to the owner of the property." The first sentence under conservation ease-
CITY COUNCIL MINUTES - February 16, 1963
F. GQERAL ORDERS AMID UNFINISHED BUSINESS: Item 2 (continued)
ments emended to read as follows: "Conservation easements, as dedicated upon
the recorded map, are reserved for the preservation of the land for the benefit
of all residents of the Town and for private, low recreational use; however,
the underlying fee belongs to the owner of the property."
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and
passed unanimously by all members present to amend the second sentence of
Clause 9 as follows: "No structures, buildings, or fences shall be placed
upon such easements or interfere with the free use of same."
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed by
the following roll call vote to ame d Clause 5 as follows: "Property owner
shall not be restricted from planting landscaping to assure his or her privacy.
However, landscape easements, as dedicated on the recorded map, are intended
to provide a transitional extension of natural vegetation from the open space
and conservation easement without obstructing vistas."
AYES: Mayor Perkins and CounciHTMmlb,-rs Allison and Proft
NOES: Councilwoman van Tamelen
MOTION SPSDNDED AMID CARRIED: Moved by van Tamelen, seconded by Allison and
passed unanimously by all members present to amend Clause 7 as follows: the
opening line should read "All lots in the subdivision shall at all times be
kept free of rubbish. . ." and the third sentence should read "All questions
or disputes as to the sufficiency and type of landscaping and time periods for
meeting the requirements of this clause shall be within the sole discretion of
the Architectural Committee."
PASSED BY CONSENSUS: To go past the hour of adjournment and continue the
meeting to 12:00 a.m.
MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all members present to emend the first sentence of Clause 11
to read as follows: "No tree, shrub or obstruction of any kind shall be planted,
erected or maintained in such a manner as to unreasonably obstruct or inter-
fere
nterfere with the view obtainable from the building plot for the principal residence
on any lot."
MOTION SECIONDED AND CARRIED: Moved by Perkins, seconded by van Tamelen and passed
unanimously by all manbem present to amend the first sentence of Clause 12 to
read as follows: "No noxious or offensive activity, including any noxious
sources of sound, light or odor shall be permitted, nor shall anything be done
which may be or may become an annoyance or nuisance to the neighborhood."
MOTION sEWMIDED AND CARRIED: Moved by Allison, seconded by van Tamelen and
passed unanimously by all members present to amend the first sentence of Clause 13
to read as follows: "No trucks, trailers or other vehicles, with the exception
of private passenger automobiles, shall be parked for any period longer than that
specified in an Ordinance of the City of the Town of Los Altos Hills on the
public mads or for longer than one hour on the shared portion of a camuon drive-
way within this tract and this restriction shall also pertain to passenger auto-
mobiles in a non -operational state (i.e. being dissassembled, assembled or
repaired, etc.)."
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CITY COUNCIL MINUTES - February 16, 1983
LL F. GENERAL ORDERS AND UNFINISHED BUSINESS: Item 2 (continued)
�w MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by van Tamelen and
passed unanimously by all members present to amend Clause 16 to read as follows:
"All garbage containers shall be enclosed or screened so as not to be visible
from outside of such lot. No rubbish shall be kept or stored on any lot.
Garbage shall be kept in covered containers and shall be carried away frequently
and periodically."
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed
unanimously by all ncmbers present to amend the second sentence of Subsection (b)
to read as follows: "The City Council shall relinquish the right to appoint the
Architectural Control Committee by an appropriate statement recorded in the
Office of the County Recorder of Santa Clara County six months after the close of
escrow of the 20th lot sold in the subdivision."
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all members present to amend Clause 18 to read as follows: the second
sentence to read "In the event a member of said committee resigns or is unable to
act, the remaining numbers of the committee shall appoint his or her successor
to serve the balance of his or her unexpired term." The following sentence to
beadded: "For so long as the City Council serves as the Architectural Committee,
the Council, by Resolution, may fix and collect a feL# tO compensate for any
services rendered by members of the Town's Planning or Public Works staff to
the Architectural Crnmittee. Thereafter, the record o hers of fifty percent or
more of the lots in this tract may fix and collect a feL*to cxpensate for any
supporting staff services provided to the Architectural Committee."
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by van Tamelen and passed
unanimously by all ambers present to substitute the words 'architectural
committee' for the words 'planning director' in Clause 19.
MOTION SEDONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani-
mously by all members present to amend Clause 20 to read as follows: "If the
Architectural Carmittee does not approve or disapprove consideration of the plans
and specifications within thirty days after receipt of a completed application and
set of plans and specifications, the plans will be deemed approved, subject to
compliance with all other provisions of this Declaration and all applicable
ordinances; provided, however, that consideration of the plans and specifications
may be continued once for not more than 14 additional days."
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and
passel unanimously by all members present to amend Clause 23 as follows: add the
following sentence to subsection 3: "Review shall include details of the proposed
exterior architectural and landscaping treatment." The second sentence of sub-
section 7 is amended to read as follows: "Particular attention will be given to
conspicuous structures and unsightly details such as underframing and utility ducts.
MOTION SBOONDED AMID CARRIED: Moved by van Tamelen, seconded by Allison and
passed unanimously by all menbers present to add the following sentence to
Clause 27: "Any modification made shall not affect any application submitted
prior to the effective date of such modification to the Architectural Committee
or the City of the Town of Los Altos Hills, or require any changes in existing
`. structures located on any lot in this subdivision; or prohibit the owner of any
lot in this subdivision from making additions to any structure located thereon in
the same style as the existing structure."
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*insert 'from the applicant' (AMENDED BY COUNCIL 3/7/83)
CITY cDUNCII. miNUPES - February 16, 1983
F. GENERAL ORDERS AND UNFINIsBED BUSINESS: Itan 2 (continued)
4w MOTION SEODNDED ASID CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all members present to add the follawing sentence to Clause 28:
"The undersigned shall assign its right, powers and privileges hereinabove
retained six months after the close of escrow of the 20th lot sold in this sub-
division."
M TION SEDDNDED AND CARRIED: Moved by Allison, seconded by van Tamelen and
passed „nanu,,,,ly by all members present to amend the third sentence of Clause 30
to read as follows: Each and every grantee of any and all conveyances, and each
and every purchaser under any and all contracts Or agreements of sale, and each
and every lessee, tenant or licensee under any and all leases, tenancies or
licenses, and any and all of the transferees and successors and assigns of the
same, by accepting a deed or contract of sale or agreement, or purchase, or lease,
tenancy or license, as the case may be, accepts all of the covenants, conditions,
restrictions, easements and agreements set forth in this declaration and agrees
to be bound by the same."
n)TION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed umani-
=sly by all nembcss present to add the following sentence to Clause 31:
"Provided, however, the enforcement of any violation of any covenant, conditions,
restrictions, or agreenents contained in this declaration shall be ccomenced not
later than three years thereafter."
3. Matadero Creek Subdivision - Lot 12
NOTION SECONDED AM CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all manbers present to accept payment of the balance amount due
on note less ten days interest and less 10% principal, Lot #12, Matadere Creek
Subdivision.
G. NEW BUSINESS:
1. AB_AG - General Assembly Meeting - March 18, 1983
NOTION SEODNDED AND CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all menbers present to approve Councilwoman van Tamelen's
attendance at the 3/18 General Assenbly Meeting of ABAG and to approve reimburse-
ment of incurred expenses.
2. City of Whittier - class action - State Compensation Insurance Fund
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed
unanimously by all members present to direct the City Attorney to send a letter
to the Superior Court of California requesting exclusion from the class and sub-
class regarding this case, i.e. Civil No. CA 000590.
3. Lynch Property
Allison requested a report from the Building Official at the next Council
meeting concerning the above-mentioned property with particular attention paid
to the possibility that there are encroachments in two areas into the public
right-of-ways.
C= ODUNCU, MINUTES - February 16, 1983
[ G. NEW BUSINESS (continued):
�y 9. Storni Problems
M
Allison referred to correspondence which had been received from residents
concerning stoup problems and he requested the issue of storm problems be
agendized for the next meeting with particular attention paid to the areas
addressed in the letters Council bad received.
H. ADJOLTWI M:
There being no further new cr old business to discuss, the City Council adjourned
at 12:15 a.m.
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Respectfully submitted,
Patricia Dowd, City Clerk