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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. -4- 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." -5- 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.)." -7- 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." -8- *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. -10- Respectfully submitted, Patricia Dowd, City Clerk