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HomeMy WebLinkAbout09/21/1983CITY CDC= TOM OF IAS ALTOS HTT•TS L 26379 Fr nt Road '!w Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, September 21, 1983 m: Feel 148, Tr. I, Side I, 001 -end; Tr. I, Side II, 001-346 Mayor van Tamelen called the Regular Meeting of the City Council to order at 7:35 p.m. in the Council Chambers at Tam Hall. Present: Mayor van Tamelen and Councilmenbers Allison, Hillestad, Perkins and Proft Absent: None Staff: City Manager Ann Hinshaw, City Attorney Frank Gillio, City Planner John Carlson and City Clerk Pat Dowd Planning Comm: Joseph Dochnahl Press: Florence Pallakoff, Los Altos Tum Crier; E3 Hering, San Jose Mercury 1. Appointment of Architectural Review Carmittee Council discussed the recmuendations of the Envirorrnental Design Parks & Recreation Conmittee and the Planning Commission and agreed to appoint Peter Wallace, Judith Carim, Arthur Lechenbruch and John Carlson to the Architectural Review Conmiitee. It was also agreed that another letter would be sent to the property owners at Matadero Creek recamwnding that they choose their oonnittee representative as soon as possible. This final appointment will be made at the next Council meeting. M nON =mED ACID CARRIED: moved by Allison, seconded by Proft and passed unani- mously to adopt Resolution #1585 appointing nE mbers of the Architectural Canmittee for Matadero Creek Subdivision. C. CONSENT CALENDAR: Items Reaaved: C.4.a) (Perkins); C.S.a) (City Manager) MOTION SECONDED ACID CARRIED: Nerved by Proft, seconded by Hillestad and passed unani- mously to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: August 15, 1983 and September 7, 1983 2. Approval of Warrants: $29,506.33 3. Time Extension Request: a) Request for three-month extension for Tentative Map Approval, IMDS OF HANSEN, 26131 Elena Road 4. Actions of the Planning Camiission: recon ended granting of the following: b) LANDS OF MANUGIAN, File SA #3-83 CITY 0DWCIL MINUTES - September 21, 1983 G C. ODNSRNT CAIMMAR (continued) : 4r+ hems Removed: Actions of the Planning Crnmission: recamwnded granting of the following: a) LANDS OF MARCUS, File VAR #6-83 Perkins commuted that the property in question had sustained severe damage during last winter's storms and he was concerned about the future stability of the lot and possible legal ramifications if there sere future problems. The City Attorney noted that an agreement could be prepared between the Town and the owner of the lot in question which could clearly define the legal responsibilities. Proft was Con- cerned about the 39' encxoachment into the setback; he wanted clarification that this was the only possible location for the house. Mr. Bernie Marcus, applicant, stated that he too would prefer the house to be Placed in its original ocatwn;75,evar, it was the advice of his experts that this course of action not be followed. Mr. Marcus also stated that he would sign an agreement with the Tuan concerning future legal responsibilities. Mr. Rex Upp, soils engineer, presented slides of the Marcus property and explained reasons orfne proposed location of the house. In his opinion there was no other practical site for the house. MOTION SECONDED AND WITHORAWN: Moved by Proft, seconded by Hillestad and withdrawn to set a public hearing for Lands of Marcus at the 10/5/83 Council Meeting. MOTION SEOONDED AND CARRIED: Moved by Allison, seconded by Hillestad and passed unanimously to approve the variance request for Lands of Marcos subject to the mutual approval of a variance agreement. 5. Resolution for Adoption: a) Resolution # approving and authorizing execution of an agreenleat between the City of the Town of Los Altos Hills and A.R. Woolworth and Penny M. Woolworth The City Manager requested that this item be continued pending receipt of certain plans and specifications. MOTION SEOOMED AND CARRIED; Moved by Perkins, seconded by Allison and passed unani- nmusly to continue Item C.5.a) to the next Council Meeting. s�� 1. Reports from Standing Committees: a) Camanity Relations Committee: Edward Barnes, Chairman - Ccnvm pity Relations C=Uttee, reported that a joint OWMI ne o wi Ins toe to won on a mncheon honoring outstanding residents of Los Altos and Los Altos Hills. The luncheon was scheduled for 11/18/83 at Shoup Park in Los Altos and letters had been sent to organizations in both Los Altos and Los Altos Hills asking for nominations of citizens who had contributed to the cacmunities. Award pins will be presented at the luncheon. G'i CITY COUNCIL MINUTES - September 21, 1983 ( D. SP1'rTAT REPORTS (continued): 1.a) Camnmity Relations Ommittee (continued) aw chairman Barnes also took the opportunity to thank the members of his wcmittee for their significant contributions to several important projects and the Mayor thanked Mr. Barnes for doing an outstanding job as chairman Of the cuumittee. MOTION SECONDED AND CAFdUM: Moved by Perkins, seconded by Allison and passed unani- mously to approve payment of $200 (seed money) to the Cammmity Relations Camuittee for initial costs related to the 11/18/83 awards luncheon. 2. Reports from Ad Hoc Canuittees: none 3. Reports from the Planning Commission: Planning Camnissioner Dodmahl reported that at the 9/14/83 Planning Cmmission meeting a status report was presented on PT&T's use of squirrel guards in Town. Basically, PT&T had completed the work being done in Town and if additional work was scheduled they would discuss it with the Town before work began. 4. Comments frau the Council: a) Mayor van Tamelen - anrouncenent of October 1, 1983 as 'National Day of Unity Against Domestic Violence' b) Mayor van Tamelen - announcement of October 2, 1983 as 'Childress' Health Council Day MDTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Perkins and passed unanuuously to approve annoumcenent of 'National Day of Unity Against Danestic Violence' and 'Children' Health Council Day'. c) Mayor Pro Tem Allison - Solid Waste Management Board Allison presented a brief update on the 9/21/83 Board Meeting. It was noted that the Citizen' Advisory CawLittec had requested more time to revi.ea the report and it was agreed that no decision would be made on the report prior to the January Board Meeting. d) Councilman Proft - Transportation C mmittee (no report) 5. Presentation from the Floor: Mrs. Rosalie Alvarez LaPaloma Road, asked for Council's assistance regarding a red r health problem. Specifically, Mrs. Alvarez noted that a neighbor had a large number of a variety of animals and they were creating a real health hazard. Apparently efforts bad been made by staff and the Health Department to have the resident clean up the property but to date the problan had not been solved and was getting worse. MOTION S MNDED AND CARRIED: Moved by Perkins, seconded by Hillestad and passed umani- musly by all nKnbers present to direct the City Attorney to begin processing the paperwork as soon as possible which would initiate legal action to have this nuisance on La Paloma Road abated. -3- CM WONCII. MINums - September 21, 1983 •• til Y D .�6 �.4MAulti�16'ii 1. City Manager: a) Sheriff's Contract MOTION SECONDED AMID CARRIED: Moved by Allison, seconded by Proft and passed unani- mmsly to approve, on a working basis, the Law Enforcement Services Contract, Plan of Execution for 1983-84, subject to ongoing cunmudcations with the Sheriff's Department. 2. City Engineer: a) 1983 Street Patching Project - request for change order MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Rillestad and passed unanimowly to approve the following changes to the 1983 Street Maintenance Project Contract: 1) Add 131 square feet at the intersection of Moody Road and Altamont Road at an increased contract cost of $360.25; 2) Add 1,500 square feet on Moody Road between Altamont Road and Elena Road at an increased contract cost of $4,125; 3) Add 4,333 square feet on Stonebrook Court at an increased cost of $11,915.75. Regarding the additional work to be done on Stonebrock, Council directed staff to ask Ford Country Day School if they would be willing to financially assist in the repair of the street since sane of the problems were a result of traffic to the school. Alma N7ood, 12151 Stonebrook, asked for clarification regarding Stonebrock Court - �mrwas it a private or public road.^'f ' H ` " P Mrs. Wood was assured that paving would only be authorized for the Town's public streets. (AMENDED By COUNCIL 10/5/83) b) Recamierdation regarding BASS Task Force Resolution The City Engineer referred to the 9/16/83 staff report which included an evaluation of the 5/6/83 Intergovernmental Council Referral of the Building Application Sinplifi- cation and Standardization (BASS) Task Ebrce Report. The evaluation included the following statements: 1) the Town already performs a majority of the reo=meided actions and 2) the remaining suggestions are regulated by State Law or effect the devemopyent policies of the Town. It was the staff's recamendation that this analysis be sent to IGC for their information. Mr. Marvin Bomb re resentative of the BASS Task Force, had reviewed the staff report t 9 6 83. Re noted that while he would like to discuss same of the iters in the report with the city Engineer, he also agreed that the analysis should be sent to IGC as soon as possible. MOTION SECONDED AND CAIU=: Moved by Perkins, seconded by Proft and passed unani- mously to approve transmittal of the 9/16/83 staff evaluation regarding the BASS Task Force Resolution to IGC. c) Request for authorization to negotiate informal bids on storm damage construction projects. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed unani- mously to authorize staff to negotiate informal bids on stone damage construction projects. -4- C1Ty CODICIL NIINUIBS - September 21, 1983 F. SPECIAL. ORDERS: 1. Request for Final Map Approval, L 4DS OF HUM, File FM #3-80 MOTION SEOCNDED AND CARRIED: Moved by Hillestad, seconded by Perkins and passed unanimously to adopt Resolution #1586 approving final subdivision agreement and approving and authorizing execution of subdivision agreement. 2. Request for Final Map Approval, LANDS OF SCHPUM, File FM #9-81 WTION SECIMED AND CARRIED: Moved by Proft, seconded by Hillestad and passed unanimously to continue consideration of request for final map approval for Lards of Schwarz to the next Council Meeting. Public Hearings: a) Appeal of Site Develcpmnt Denial - LANDS OF ERSEPFE, 25740 Josefa lane The City Attorney referred to his 9/15/83 staff report which included background information on the Lards of Ersepke, the requirements needed for a site develop- ment permit and the options open to Council. Anthony Iagorio attornev for Mr. and Mrs. Ersepke, submitted 17 pictures of the propertyin question for the record. He stated that his clients wanted the addition to house horses and trucks and they bad no objection to inspections of property made by the Town. Mr. Iagorio further caniented that the pothole in the driveway should definitely be repaired by the Ersepkes and a mutual road maintenance agreement could be established for Josefa. Mrs. Paula Machicao, 25825 Josefa lane, asked for clarification of the road main- tenance under discussion. Richard Hansen attornev for Mr. and Mrs. Coupe, submitted 10 pictures of the property in question for the record. He stated on behalf of his clients that the Ersepkes should have plenty of roan for the horses and the trucks if the area was not being used for storage of business materials. Mr. and Mrs. Walter Coupe, 25775 Josefa lane, stated that they felt the Council's ag was not in correct order regarding the Lards of Ersepke: the possible violation of the home occupation ordinance should be considered before the appeal of the site development denial. Mr. Coupe also referred to his 8/26/83 letter to the Council which included a verbatim transcription of Mrs. Ersepke's convents at the 7/27/83 Planning Canrission Meeting. Mr. Arthur Sobel 26066 Duval Way, also suggested that the two items before Council regarding the Lands of Ersepke could not really be separated. He further noted that he did not object to the proposed structure per se but ratter he objected to its use. Mrs. Ere oke, 25740 Josefa lane, explained what was proposed for the development use o property, namely, the new barn (including a new garage) would house three private vehicles, 2 horses, 6 tons of hay and a tack roan: the extension of the old barn would house two work trucks. Alma Flood 12151 Stonebrook, asked for clarification of the acreage involved and suggested Council consider haw they would feel if such activity were taking plane on their streets. -5- CTPY CDUNCIL MINUPES - September 21, 1983 F. SPECIAL ORDERS (continued): Item 3.a) Lands of Ersepke (continued); LIt was noted for the record that the following residents had submitted letters (on file at Tuan Hall) objecting to any further development on the Lands of Ersepke: Mr. and Mrs. Robert Johansen, 25915 Elena Road; Mr. and Mrs. Gerald Steinacher, 25755 Josefa; Mr. and Mrs. Mario Machicao, 25825 Josefa Lane; Mr. and Mrs. Ottmar Natick, 25911 Elena Road; Mr. and Mrs. Walter Coupe, 25750 Josefa; Mr. and Mrs. Arthur Sobel, 26066 Duval Way. A letter was also on file from Mr. and Mrs. Al Jackson, 26088 Duval Way, which was in favor of granting the site development permit for the Lands of Ersepke. Council then reviewed the City Planner's 9/20/83 staff report on the site develop- ment appeal which included the reamrendation that if Council approved the request for the site developmaT1t permit, the following conditions be stipulated: 1) Grading for the building cannot start until the building permit is issued; 2) a landscape plan shall be approved try the Site Development Cmmnittee prior to final inspection of the proposed construction. The plantings required by the Site Development Committee shall be installed prior to the final inspection of the proposed construction; 3) any additional conditions reoamierded by the City Attorney and/or City Council shall be part of this permit; and 4) this permit shall not terminate upon completion of the specified work. Council also discussed an additional condition which would allow the Tann the right to inspect the property in question for compliance with appropriate uses. MmON SECOMED AND CARRIED: Moved by Allison, seconded by Perkins and passed by the following roll call vote to grant a site development permit for Lands of Ersepke, subject to the preparation and execution of a site development agreement which would include the recmmndations as stated in the 9/20/83 staff report and. the additional ceaAskie and`2 eetiapretser P-extY-.5y ,,tc �puent a: 11 and�b - t. ns of p y Town and 2 fic use o£ the Popo '3", ve went as state Mr Er eat 21/3 mazentditc. I ED B�(1pU[9CIL il�i5 tad and Perkins AYES: r van ame en uncr s son, fir es NDES: Councilman Proft b) Consideration of possible violation of hone occupation ordinance - Lands of Ersepke, 25740 Josefa lane The City Attorney referred to his 9/15/83 staff report which explained the Town's zoning regulations. The report also listed the conditions to which lane occupations are required to amply: 1) the use must be entirely subordinate to the primary use as the hone of the family; 2) retail sales are not allaed; 3) advertising visible from off premises is not allowed; 4) parking more than normally required for a residence is not allowed; and 5) not over one assistant outside of the family unit may be employed and 6) evidence of business from off premises is not allated. (AbEMEC By COUNCM 10/5/83) Richard Hansen, attorney for Mr. and Mrs. Coupe referred to Mrs. Ersepke's cments at UZ 7/27/83 Planning Commission Meeting. Mr. Hansen also submitted examples of receipts and newspaper advertising (on file at Town Hall) and commented that there was visual evidence of fabrication on the property, excessive parking of vehicles and retail sales being conducted. Mr. Frank DeWitt, 26122 Duval, eamented that there was evidence of business being c du— on tBe property which included excessive traffic. Mr. Arthur Sobel, 26066 Duval Way, stated that he had seen a delivery of equipment s past weekend. Mrs. Alma Wood, 12151 Stonnebrook, suggested the Ersepkes consider enlarging their ca ron rather than in the Hills. N CITY COUNCIL NIINUPE5 - September 21, 1983 F. SPECIAL ORDERS (continued): Item 3.b) Lands of Ersepke (continued): Mr. Walter Coupe 25775 Josefa Lane, referred to the decision made by the Planning Cm scion and to the moments made by Mrs. Ersepke at the 7/27/83 Planning Cmutission meeting. Mr. Anthony Lager io attorney for Mr. and Mrs. ExsePke, referred to the Town's ordinance on have ooc�ations and also noted the Monte Vista location of the Ersepke's garage door business. Mrs Paula Machicao 1 25825 Josefa Lane, noted that the Ersepke property had sloven considerable inprovemaat during the past six months but the neighbors were concerned that if the business activity increased it may get even worse in the future. Planning Crn ssioner4 Joseph Dochnahl arid -l4 fi'itewert reported that the Planning Ca ssion had taken the following two actions: 1) recd miended to the Council that the business conducted at 25740 Josefa Lane was in violation of current ordinances relating to have occupations; and 2) denied without prejudice the Site Development request until Council made a ruling relating to the business operations. *See page 8 for additional sentence. AMENDED By COUNCIL 10/5/83) Mr. Ersepke, 25740 Josefa Lane, denied that a delivery had been made the past weekencl. Council then discussed the matter of the possible violation of the have occupation ordinance on the Lands of Ersepke. Perkins and Proft comronted that merchandise was being noved around and there was evidence that business activity was taking place. Hillestad noted that it was obvious a business was being conducted which appeared to be out of line with the Town's ordinance. Allison ccarented that there was evidence of violations in the past but not current violations. van Tamelen noted that she agreed with Allison but eomuented that these was same evidence of business activity visible from off-site. Perkins stated that maintenance of inven- tory was the issue. He suggested that the Council, the Ersepkes and the neighbors all meet to try and arrive at a mutally agreeable solution to the problem. Proft suggested giving the Ersepkes a certain period of time to abate the problem and get rid of the inventory. MOTION SEOD= ASID CARRIED: Moved by Allison, seconded by Perkins and passed unaniurously to go past the lour of adjournnnent and continue the meeting to 12:30 a.m. NOTION SEODNDED AMID CARRIED: Moved by Proft, seconded by Hillestad and passed unanimously to continue consideration of possible violation of home occupation ordinance - Lands of Ersepke, 25740 Josefa Lane to the next Council Meeting. G. GENERAL, ORDERS AND UNFINISHED BUSINESS: 1. Lands of Lynch - matter of fence within street right-of-way MADE AND SECONDED: MOTION -PSB;`[&"®: Moved by Allison, seconded by Proft-and-pas-sea a+ni— rgu ly to direct the City Manager to obtain a survey of the sections of Lands of Lynch which encroached onto Town's property thereby abating said nuisance. C MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani- mously to table the above motion regarding the Lards of Lynch to the next Council meeting. -7- CITY COUNCIL MINUTES - September 21, 1983 H. NEW BUSINESS: kw 1. Appointment to Flood Control Zone Advisory CUMRUttee PASSED By CDNSENSUS: To appoint John Carlson representative and William Perkins alternate to the Flood Control Zone Advisory C,,rdttee for a term ending October 1, 1984. 2. Approval of salary increases MOTION SIDED AND CAF&IED: Moved by Hillestad, seconded by Allison and passed unanimously by all mamdoers Present to continue consideration of approval of salary increases to the next Council meeting. 3. Authorization for Mayor van Tamelen to attend ABAG meeting on 10/21/83 PASSED By CONSENSUS: To authorize the Mayor to attend the 10/21 ABAG meeting at an approximate cost to the Tuan of $55. 4. City Selection Committee van Tamelen noted that the was an opening on the Lafco Board which the City es Selection Committee oOuld be agendizing in the near future. If Council had any suggestions concerning this vacancy they should let the Mayor kn . I. CLOSED SESSION: The City Council then adjourned to Closed Session for Personnel at 12:15 a.m, and reconvened at 12:30 a.m. J. ADJOURP' M: There being no farther nen or old business to discuss, the City Council adjourned at 12:30 a.m. Respectfully sdtmitted, Patricia Dowel, City Clerk *Planning Ccmnissiones Michael Stewart earented that while the Carmission bad taker the action of denying without prejudice the Site Develolment reg`est until Council made a ruling relating to the business operations, the Carmission did not have the authority to take such action.