HomeMy WebLinkAbout10/05/1983CITY COUNCIL
TOM OF IAS ALTOS HILLS
26379 Fremont Iniad
Ins Altos Hills, California
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Wednesday, October 5, 1983
cc: Reel 148, Tr. I, Side II, 353 -end, Tr. II, Side I, 001-474
mayor van Tamelen called the Regular meeting of the City Council to order at 7:35 p.m.
in the Council Chambers at Town Hall.
(INSIM * PAGE FOUR - XMCED By COUNCIL 10/19/83)
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor van Tamelen and OouncihTembe*s Allison and Perkins
Absent: Councilmembers Hillestad and Proft
Staff: City Manager Ann Hinshaw, City Attorney Frank Gillio, City Planner
John Carlson and City Clerk Pat Dowd
Planning
Cm m: Judith Carico
Press: John Dorrance, Los Altos Tam Crier; Mary DueMald, Peninsula Times
Tribune and Ed Hering, San Jose Mercury
4W B. MATADERO CREEK SUBDIVISION - RELATED MATTERS:
1. Resolution # appointing fifth member of the Architectural Review
Committee for Matadero Creek Subdivision
Council was advised that the property owners at Matadero Creek Subdivision had
chosen James Viso as their representative on the above mentioned mmuittee, with
Richard Ellinger chosen as alternate.
MOTION SENFIDED AND CARRIED: Moved by Allison, seconded by Perkins and passed
unanimously by all members present to adopt Resolution #1587 appointing fifth
member of the Architectural Camuittee for Matadero Creek Subdivision
2. Letter from Mr. Kapoor dated 9/26/83 - Int #11
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed
unanimously by all members present to direct staff to prepare a report on Mr.
Kapoor's request and to schedule this item for the nest Council meeting.
Mr. Kapoor, 967 Cherrystone Drive - Los Gatos, expressed his disappointment to
Coumcr3 concerning the delay in deciding on his request. He felt that his
request and the corresponding materials had been submitted in sufficient time to
be considered at this meeting. Mr. Kapoor was also concerned about the winter
rains and his childreus' schooling if his project was delayed for any length of
time. Mr. Kapoor also crnmented that he hoped the same building formulas were
applied to all of the lots at Matadero Creek.
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CITY COUCIL MIIRNES - October 5, 1983
(( C. CONSENT CAI.ESIDAR:
4r Items Removed: C.1, C.2 and C.4a) (Allison); C.4.b) and C.4.c) (Mr. Groswith -
applicant) and C.S.a) (resident)
MOTION SEODMED AND CARRIED: Moved by Perkins, seconded by Allison and passed
rmaninnnsly by all members present to approve the balance of the Consent Calendar,
specifically:
3. Notion for Adoption: Motion setting a public hearing date of October 19, 1983
for IdiND.4 OF COCHRAN, File 7M #1-82 (Request for approval of Tentative Map
and Negative Declaration)
5. Resolutions for Adoption:
b) Resolution #1588 approving and authorizing execution of a variance agree-
nent between the City of the Town of Los Altos Hills and Bernard Marcus
and Nally Marcus, and ordering recordation thereof.
Items Removed:
1. Approval of Minutes: September 21, 1983
mnoN sBmm D AND CAimim: Moved by Perkins, seconded by Allison and passed
unanimously by all members present to approve the September 21, 1983 minutes with
the following amendments: Page 4, Item E.2a), last paragraph, second sentence
should read: "Mrs. Wood was assured that paving would only be authorized for the
Town's public streets."; Page 6, Item F.3.a), third paragraph, last sentence should
read: "the additional two conditions: 1) inspections of property by Town and 2)
specific use of the proposed development as stated by Mrs. Ersepke at 9/21/83 meeting.'
Page 6, Item F.3.b) first paragraph, add the following: "arid 6) evidence of business
from off promises is not allowed". Page 7, Item F.3.b), fourth paragraph, first
sentence should be amended to read: "Planning Commissioner Joseph Doduiahl reported
that the ........ and the following sentence should be added: "Planning Commissioner
Michael Stewart commented that while the Commission had taken the action of derrying
without prejudice the Site Development request until Council made a ruling relating
to the business operations, the Commission dial not have the authority to take such
action."; Page 7, Item G.1, first motion should be amended to read: MOTION MADE
AND SECD=: Moved by Allison, seconded by Proft to direct the City Manages to
obtain a survey of the sections of Lands of Lynch which eacroachod onto Town's
property thereby abating said nuisance."
2. Approval of Warrants: $115,873.58
van Tamelen requested an additional warrant be added to the list before Council,
specifically a $7,000 driveway permit reimbursement to Mr. Brian Hollins. Allison
asked for clarification of warrants 09684 and 9692. The City Manager responded
that hopefully both issues, Town's radios and Pacific Telephone circuit charges to
Purissima Water District, would be addressed before she left on vacation.
MMON SECCMED AND CARRIED: Moved by Allison, seconded by Perkins and passed
unanimously by all members present to approve the warrant list with the addition
of the $7,000 warrant, bringing the total to $122,873.58.
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CITY COUNCII. M]NUrM - October 5, 1983
C. CONS= CAiEmAR: Items Rar ved (continued):
4. Actions of the Planning Comnission: recmrended granting of the following:
a) IAISW OF PEWAIDOD SCWOL, File CUP #8014-76
Allison questioned the Planning Commission's addition of a coalition to the CUP
for Pinewood School and asked if Pine CCd had been advised of this addition and
were they in agreement. The City Planner noted that Pinewood was in agreement
with the additional condition.
NOTION sBa=ED AND CAP=: Moved by Allison, seconded by van Tamelen and passed
unanimously by all menders present to approve the Coalitional Use Permit for Lands
of Pinewood School, File COP #8014-76 as reoaanended by the Planning Co mission.
b) LAIW OF GRDSWFM, File SA #1-83
C) LANDS OF GROSWITH, File SA #2-83
Mr. Terry Gmswith, applicant, requested ODuncil to reconsider and amend two
conditions of approval for the above mentioned Site Approvals which had been
approved by the Planning Commission on 9/28/83.
MXION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Allison and passed
unanimously by all members present to continue LANDS OF GROS'WITH, Files SA #1-83
and #2-83 to the 10/19/83 Council Meeting for a public hearing.
5. Resolutions for Adoption:
a) Resolution # approving and authorizing execution of an agreement
between the City of the Toon of Los Altos Hills and A.R. Woolworth and
Penny M. wbolworth
Dr. Aaron Fink, 26157 Altadena Drive, addressed the Council with several questions
concerning the proposed Resolution and associated Improvement Plan Map. Specifically,
Dr. Fink asked the following questions: 1) Is Kingsley Road a public or a private
street?; 2) Who shall maintain mad in the future?; 3) Who shall accept liability
in event of injury? 4) Have any provisions been made for erosion control? 5) Are
the provisions for proper drainage adequate?; 6) Is thecross-sectional geometric
road section adequate? 7) Is the single turn circle provision at the start of the
mad adequate?; 8) Will the deleterious material lying upon and near the sub -base
be reoved?; 9) Will there be a limitation of adjacent lots numbers 5 and 6 access
to the road? and 10) Will there be a terporary winter access using gravel?
MOTION FAILED DUE TO LACK OF A SECOND: Moved by Allison to continue this item to
the next Oouncil meeting.
Mr. Harold Edmenson 111 Pepper Drive, Ios Altos, stated that he was a property
owner in the area under discussion and he was very concerned about the postponement
of this agreement. Mr. Eemenson was particularly concerned about the winter rains
and also noted that the agreement had been carefully worked out and Dr. Fink's
questions had been addressed.
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(( C. CONSERr CALENDAR: Items Removed - 5.a) continued:
`I Mrs. Louise E rt 271 Black mountain ad, asked why the road in question
was not new built to 143Fu
8 feet ana who would be responsible for the possible future
cost of widening the road? The City Manager responded that the Town would pay the
cost and that an in lieu fee structure had been proposed for five years to deter -
mire if the road would need to be widened.
Mr. Frank Saul, 27977 Via Ventana, asked why the agreement was between the Town
and the Woolworths rather than the property owners involved and why the Town's
specifications were not being met?
Mr. Lewis Throon, 27272 Byrne Park Tana, asked if it was a driveway or a street?
Perkins responded that it was a recognized public mad, serving a very few lots.
Mr. Michael Northcutt, 25769 Elena Road, co mented that Dr. Fink's questions
actually seemed to relate to the ainage issue.
Commissioner Carico commented that several streets in Town were less than 18 feet
wide. The important issue was that there was good drainage on these streets.
The City Manager stated that the proposed agreement had been worked out quite
carefully with the Woolworths. The street will be built to Town's specifications
and the plans meet Tann requirements. The City Engineer gave a brief history of
the area under discussion and addressed the questions raised by Dr. Fink. The
City Attorney cemented that Kingsley was a public road and the proposed agreement
provided for a surety bond of $26,000 and a $1 million insurance policy.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Perkins and passed
unanimously by all members present to adopt Resolution #1589 approving and authorizing
execution of an agmanent between the City of the Town of Los Altos Hills and A.R.
Woolworth and Penny M. Woolworth.
MIjrICN SECONDED AmID CARRIED: Moved by Perkins, seconded by van Tamel.enand passed
unanimously by all members present to direct staff to review the irrprovanent plans
with Dr. Fink within the next five days, to address each of his questions and to
ascertain that Dr. Pink's concerns are addressed.
* PASSED BY CONSENSUS: Council agreed to hear Itan H.5 - Resolution # approving
and authorizing execution of a Site Development agreement between the City of the
Tom of Los Altos Hills and Robert Ersepke and Patricia Ersepke and ordering
recordation thereof - after discussion of Item C had been Meted. (PLACE THIS
PARAGRAPH AT BBsINNIW OF MINUTES - AMENDED BY COUNCIL 10/19/83)
D.1 Resolution # approving and authorizing execution of a Site Development Agree-
ment between the City of the Town of Los Altos Hills and Robert Ersepke and Patricia
Ersepke and ordering recordation thereof.
Mr. Anthom Lawrio attorney for Mr. and Mrs. Emepke, Mr. Richard Hansen, attorney
or Mr. Mrs. CUupe ani Frank Gillio, City Attorney discussed proposed changes
to the agreement before cauncil. The following changes were incorporated into the
agreement for Council's consideration: Page 2, c. was amended to read: "Ersepke
shall use the Inpmvaients solely for the purpose of housing personal vehicles (as
distinguished from vehicle used in Ersepke's business), horsesand hay. Ersepke shall
use the existing building being improved for housing business vehicles." Page 2, f.
the hours of possible inspections was changed to between 8:00 a.m. and 8:00 p.m.
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CITY ODONCIL MINurES - October 5, 1983
D.1
17sepke and onlering recordation thermf (continued)
Mrs. Ersepke, 25790 Josefa Lane, reiterated the proposed development uses as follows:
newthe ew 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.
Mr. Michael Northcutt, 25769 Elena Road, asked where the trucks were going to be
stored? It was stated t the camercial trucks would be stored in the barn.
Commissioner Carico asked how many vehicles could be stored in the structure; the
response was two.
NOTION SECtlfIDID AND CARRIED: moved by Allison, seconded by Perkins and passed
unanimously by all members present to adopt Resolution #1590 approving and authorizing
execution of a Site Development Agreement between the City of the Tonin of Los Altos
Hills and Robert Ersepke and Patricia Ersepke and ordering recordation thereof,
as amended by Council.
D.2 CONSIDERATION OF POSSIBLE VIOUMON OF HOME O=ATION ORDINANCE - LAMS OF ERSEPM'
25740 Josefa Lane (continued from September 21, 1983 neetrng
Council discussed the evidence which had been presented at previous meetings relating
to the possible violation of the hone occupation ordinance on the Lands of Ersepke.
In addition to photographs and testimony there was also the clear, regular and
admitted transportation of materials, particularly door openers and door panels.
MOTION SECONDED AND CARRIED: Moved by Perkins, seceded by Allison and passed unani-
mously by all members present that the City Council finds and determines that a
violation of the zoning chapter has occurred and specifically that in connection
with the home occupation on the Ersepke property. That it is being conducted in a
mannerso that the prohibition against evidence of a business from off premises is
being violated and that in addition to the violation of the Section in question that
the actions resulting constitute a public nuisance and must be abated and that a
period of time of sixty (60) days be given. A notice to be given to Ude property
owners to comply with the Council's order. Council finds that there is evidence of
a business from off the premises. Sixty days will be given to property owners to
cease and desist.
1. Reports from Standing Committees:
a) Safety Committee:
Andrew Cochran, Acting Chairman, reported on the following items: 1) for Council's
information, the cost of 90 hours of extra patrol time in Town per month would be
$20,000/year; no recommendation on this item at this time; 2) Neighborhood Watch
Programs - one in place and two scheduled for the near future; 3) no report from
Ude Disaster Planning Sub -Committee; 9) Town radar report and recommendations dated
9/20/83 - recommendations include returning present radar to factory to be fixed
properly and purchasing new radar for the Town; and 5) Committee will undertake a
comparable study with other Ttrwns of types of police service, cost and service.
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cTTy COUNCIL MINUPES - October 5, 1983
E. SPECIAL REPORTS (continued):
Reports: from Ad Hoc Committees:
Perkins reported that the Historical Agricultural Park Cb mittee had had two
meetings and a third meeting was being planned.
Comments fxan the Council:
Allison reported on the possibility of Palo Alto and Sunnyvale withdrawing from
the Solid Waste JPA and suggested Council consider alternatives for the Town other
than participation in the JPA. He further noted that the JPA's General Manager's
(Tan Henderson) recent amrent that if Sunnyvale and Palo Alto withdrew from the
JPA, the other cities involved would have to pay more was "hogwash".
Santa Clara County and
PASSED BY CONSENSUS: To direct the City Manager to contact/the City Managers of
Iros Altos and Cupertino to schedule a meeting to determine interest in locating
a joint alternative disposal site for garbage in the event the Solid Waste JPA
should not acmmrodate the needs of the three cities. (XMMED By COUNCIL 10/19/83)
4. Presentations from the Floor:
Frank Saul, 27977 Via Ventana, addressed the Council on the following two issues:
TT-m-ise causeci by large trucks at the Matadem Creek Subdivision - were there
enforcable rules concerning the hours these trucks could work at the subdivision?;
2) the sewer and water nein disruption at Matadero Creek and Page Mill. Mr. Saul
understood that the Town was new undertaking termporary repairs rather than final
repairs. He wanted to put the Council on notice that both he and Peter Wallace deny
any further responsibility for soils instability on the lots in question. Regarding
the question of access to his lot, Mr. Saul noted that he was not necessarily
denying access but did question the need for a soils report when one was originally
done on the property and is on file.
The City Manager reported that the soils work needed to be finished before work
began; these had been a delay with the soils engineer. The attorneys were working
with the property owners concerning access to the property and the work would be
done as soon as possible.
Alma Mood, 12151 Stonnebrook, addressed the private/public road issue on Stonebrook
Court. She questioned the fact that if it indeed it was public, why had it been
resurfaced in the early seventies as a private mad and paid for by the residents?
In addition, the sign at Ford Country Day which read "private road" should be
corrected.
'4N.9N N9Y '• Isol M • 10 • M51m1
City Attorney:
a) Draft policy statement regarding work done on private property
PASSED BY CONSENSUS: To continue this item to the next Council Meeting to give
Council the opportunity to review the draft resolution.
b) Status report on property located at 13831 La Paloma
The City Attorney reported that a omplaint had been filed in the Palo Alto branch
of the Superior Court and a court date had been scheduled for October 24, 1983.
The owners had served an eviction notice on the renters and some of the animals
had already been removed.
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CITY COUNCIL MINUTES - October 5, 1983
G. SPECIAL ORDERS:
1. Request for Final Map Approval, LANDS OF SCHWARZ, File FM #9-81
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed
by the following roll call vote to adopt Resolution #1591 approving final parcel
map and approving and authorizing execution of subdivision agreement.
AYES: Councidmanbers Allison and Perkins
ABSENT: Councilmembers Hillestad and Proft
ABSTAIN: Mayor van Tamelen
van Tamelen noted that she abstained from voting on this resolution because of
the grading on the Lands of Schwarz.
NOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed
unanimously by all members present to adopt Resolution #1592 approving and author-
izing execution of private road maintenance agreement between Karl E. Schwarz and
Martha A. Schwarz, and the City of the Torn of Los Altos Hills and authorizing
recordation thereof.
2. Public Hearings:
a) Request for trail easement abandonnant, Tract 6297 - Saddle Mountain
Estates, Lot #26
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed
unanimously by all members present to adopt Resolution #1593 ordering the vacation
and abandon ent of a portion of a certain trail easement located in the City of the
Town of Los Altos Hills under the provisions of the "Public Streets, Highways and
Service Easements vacation Law," Section 8300, et sag., of the Streets and Highways
Code.
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed unani-
mously to adopt Resolution #1594 accepting trail easement deed and authorizing
recordation thereof.
b) Consideration of Budget for fiscal year 1983-84
Council noted that they had not had an opportunity to review and study certain
budget information which had just been made available to than earlier in the day.
NOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed
unanimously by all mmenbers present to continue consideration of the 1983-84 budget
to the November 2, 1983 Council meeting.
1. Lands of Lynch - matter of fence within street right-of-way
Mr. Janes Reynolds, 23750 Ravensbury Avenue, stated that the fence was clearly
in the right of uray and in his opinion the 'Town's ordinance concerning this should
( be enforced.
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CITY COUNCIL MIMuTES - October 5, 1983
H. GENERAL ORDERS AND UNFINISHED BUSINESS: Item 1 (continued):
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed
unanimously by all menders present to direct the City Manager to obtain a survey
of the Lynch property (fence in right-of-way) as soon as possible.
2. Status Report on Ordinance aTending Section 9-5.1110 of Chapter 5 0£ Title 9
of the Los Altos Hills Municipal Code (relating to procedures regarding variances
and conditional use permits)
It was noted that the Planning Canmission had continued this item for further con-
sideration.
PASSED BY CONSENSUS: To continue Council's consideration of above mentioned item
until report was received from Planning Comni.ssion.
Approval of salary increases
MOTION SE(DDIDID AND CARRIED: Moved by Perkins,. seconded by van Tamelen and passed
unanimously by all numbers present to approve a 68 salary increase for all employees
other than City Manager, retroactive to July 1, 1983.
MDTIDN SECONDED AND CARRIED: Moved by Perkins, seconded by van Tamelen and passed
unanimously by all members present to adopt Resolution #1595 approving and authorizing
execution of addendum to agreement between the City of the Town of Los Altos Hills
and Frank Gillio.
4. Resolution # approving and authorizing execution of addendum to agreement
between City of the Town of Los Altos Hills and G.L. Pang, doing business as
Pang and Associates.
PASSED BY CONSENSUS: To continue this item to the next Council Meeting.
I. NEW BUSINESS:
Nomination to LAFCO Board:
PASSED By CONSENSUS: To recamend Councilwoman Barbara Winkler of Monte Sereno
for the vacancy on the I.AFOD Board.
2. 'No Parking on Pathway' signs at Dawson Subdivision
PASSED BY CONSENSUS: To direct Mayor to write a letter to the Pathways Committee
asking for their reconuendation of placement of 'no parking on pathway' signs at
Dawson including request for reeannendation of more advantageous placement of signs.
3. Council Agendas
Allison suggested a policy regarding receipt of agenda materials prior to a meeting.
It was agreed that all materials would be available the Friday prior to the meeting
date, unless an emergency delayed receipt of materials.
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CITY COUNCIL MINUPES - October 5, 1983
J. CLOSED SESSION:
The City Council then adjourned to Closed Session at 11:25 p.m. and reconvened
at 12:15 a.m.
K. ADJOURNb=:
There being no further new or old business to discuss, the City Council adjourned
at 12:15 a.m.
Respectfully sulmitted,
Patricia Dowd, City Clerk
M