HomeMy WebLinkAbout12/07/1983TOWN OF IAS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
u uw • • ar i is
Wednesday, Decenber 7, 1983
cc: Reel 150, Tr. I, Side I, 155 -end; Tr. I, Side II, 001-294
Mayor van Tamelen called the Regular Meeting of the City Council to order at 7:30 p.m.
in the Council Chambers at Town Hall. The Mayor expressed the sorrow of the Council
and staff over the death of Pearl Croy, City Treasurer and stated that the meeting would
be adjourned in Pearl's memory.
Mayor van Tamelen also stated that due to a staff error an item had been inadvertently
omitted from the agenda. Therefore, the following matter would be placed on the agenda
between Item D.2 and D.3: 'Presentation, Certification and Consideration of Initiative
Petition regarding rc roofing ordinance'. (AMDMED BY COUNCIL 12/21/83)
A. ROLL CALL AM PLEDGE OF ALLEGIANCE:
Present: Mayor van Tamelen and Counrcilmembers 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
Camra: Michael Stewart
Press: Tuck Shepherd, Los Altos Town Crier; Ed Hering, San Jose Mercury
B. CONSENT CALENDAR:
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Proft and passed unanimously
to approve the Consent Calendar, specifically:
1. Approval of Minutes: November 10, 1983, November 16, 1983 and November 22, 1983
2. Approval of Warrants: $19,803.79
3. Actions of the Planing Catmission: Recommended granting of the following:
a) LVOS OF GO1T•LIM, File VAR #7-83
4. Resolutions for Adoption:
a) Resolution #1606 approving and authorizing execution of an agreement
between the City of the Town of Los Altos Hills and Security General
for security alarm services at 26379 Fremont Road
b) Resolution #1607 approving and authorizing execution of an agreement
l between the City of the Town of Los Altos Hills and Security General
%W for security alarm services at 27400 Purissima Road
C) Resolution #1608 approving and authorizing execution of an agreement
between the City of the Torn of los Altos Hills and Dataaam Systems Corp.
CITY COUNCIL MRWTES - December 7, 1983
B. CoMagr CALFDIDAR (continued): Item 4. Resolutions for Adoption
d) Resolution #1609 appointing Ann Hinshaw as Acting City Treasurer of
the City of the Town of Ios Altos Hills
e) Resolution #1610 appointing a menber of the architectural committee
for Matadero Creek Subdivision
Coimci]m ember Allison abstained frau voting on the minutes of November 16 and 22
as he was not present at those meetings and Councilmenber Hillestad abstained from
voting on the minutes of November 10 as she was not present at that meeting.
C. PRFS=ATIONS F%]M THE FLOOR: none
u �w
1. Public Hearings:
a) Ordinance # anending Chapter 5 entitled "Zoning" of the Los Altos
Hills Municipal Code by amending Sections 9-5.217 and 9-5.703 concerning
secondary dwellings and Section 9-5.601 concerning required parking spaces
(FIRST READING)
Council discussed the ordinance before them with particular emphasis on the square
footage limit, attached versus detached units, and recent State legislation, i.e.
SB 1534. In response to a question from Councilman Perkins concerning analysis of
secondary dwellings in other cities the City Planner reported that there were no
specific analysis; rather the 1980 census and information obtained from the Building
Official were used as reference sources.
Mildred Gallo, 25720 IaLanne Court, suggested that adoption of this ordinance would
be in violation of the Town's zoning ordinance and would invite an increased number
of rentals in Town.
Charles Anderson, 26810 Ortega, reported that San Jose had recently turned dawn
adoption of the ordnance before Council and Oscar Sobel, 28266 Christophers Lore,
suggested that if the ordinance were adopted the majority o in the Town would
have secondary dwellings.
Doni Hubbard, 25228 Ia Icun, consented that she was in favor of secondary dwellings;
or exmpa they were qurte advantageous for senior citizens. Mrs. Hubbard also
asked if there would be a section in the ordinance requiring the two structures to
be similar, i.e. not appearing as two separate units.
Planning Commissioner Stewart asked for clarification of the State law's statement
concerning attached or detached units and was informed that the State law included
both. Commissioner Stewart further suggested including the State's policy of
limiting expansion for a second unit to 10% of the existing living area.
MOTION SBCONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed unanimously
to approve the Negative Declaration.
-2-
CITY COUNCIL MIM7T!<S - December 7, 1983
D. SPECIAL ORDERS: Itan D.la) continued:
M ON SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed by
the following roll call vote to waive further reading of Ordinance.
AYES: Mayor van Tamelen and Councilmanbers Perkins and Proft
NOES: OownciLmanbers Allison and Hillestad
MDTI0N SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Proft and passed
unanimously to place the following second sentence under Section 9-5.217 in Section
9-5.703 as a subsection under (k): 'Such secondary dwelling shall be subordinate to
the primary dwelling and shall have a gross floor area not to exceed 1,000 square
feet if detached or 600 square feet if attached to the primary dwelling.'
MOTION SECCNDED AMID CARRIED: Moved by van Tamelen, seconded by Allison and passed
unanimously to amend the original second sentence of Section 9-5.217 as follows:
'Such secondary dwelling shall be subordinate to and architecturally wnnpatible with
the primary dwelling and shall have a ..........
PASSED BY CONSENSUS: to amend the first sentence of Section 9-5.217 to read as
follows: " 'Secondary dwelling' shall mean an attached or detached living writ
intended for occupancy by caretakers or ranpaying guests or relatives of the property
owners, which living unit shall be erected or maintained on land in one ownership
upon which land has been erected or maintained a primary dwelling."
MOTION FAILED DUE TO LACK OF A SECOND: Motion made by Allison and not seconded to
include a statement limiting expansion for a second unit to 108 of the existing
living area with a maximum square footage of 1,000.
MOTION SEC LADED AMID CARRIED: Moved by Proft, seconded by Perkins and passed by the
following roll call vote to introduce Ordinance #283 amending Chapter 5 entitled
"Zoning" of the Los Altos Hills Municipal Code by amending Sections 9-5.217 and
9-5.703 concerning secondary dwellings and Section 9-5.601 concerning required
panting spaces, as anended by Council.
AYES: Mayor van Tamelen and Conmcilmenbers Perkins and Proft
NOES: oouncilnemUers Allison and Hillestad
2. Resolution # ordering and calling a general municipal election to be held
on April 10, 1984, and providing for giving notice thereof.
MOTION SECONDED AMID CARRIED: Moved by Hillestad, seconded by Allison and passed
unanimously to adopt Resolution #1611 ordering and calling a general municipal
election to be held on April 10, 1984, and providing for giving notice thereof.
3. Presentation, certification and consideration of initiative petition regarding
r,—roofing ordinance (AMENDED BY COUNCIL. - 12/21/83)
The City Clerk reported that on November 3, 1983 an initiative petition had been
received in the Clerk's office. Of the 1,100 signatures on the petition, the
Registrar of Voters had certified that 1,025 were those of registered voters in the
Tann of Los Altos Hills. The verified signatures totaled 19.38 of the Town's total
/, number of registered voters. The City Attorney stated that Council had the alterna-
tive
tive of either introducing and adopting the proposed ordinance or of sutmittinng it
to the voters at the April 10, 1984 municipal election.
-3-
` D. SPECIAL ORDERS: Item D.3 - Initiative Petition (continued):
NOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed by
the following roll call vote not to adopt the proposed ordinance regarding re-
roofing.
AYES: Mayor van Tanelen and Councilmembers Allison, Perkins and Proft
NOES: Councilmeuduer Hillestad
Mr. Robert Morgan, 13201 LaCresta; Oscar Sobel, 28266 Mstophers Lane; Mildred
Oma , 25720 LaLanne Court; William Eckert, 13671 Old Altos; and Lawrence Weber,
2896 Viscairo addressed the Council in support of the initiative petition. They
reoamerxled Council consider the support the petition had received in Town, change
the ordinance at this time and not place it on the April ballot.
Mayor van Tmelen stated that her concern was for the safety of the Town's residents.
The Ordinance now in effect had the support of the Los Altos Fire Department and
los Altos Fire Protection District ubumnissioners.
4. Resolution # ordering an initiative ordinance submitted to the voters at
the next regular municipal election
NOTION SECONDED AND CARRIED: Moved by Hillestad, seconded by Proft and passed unani-
musly to adopt Resolution #1612 ordering an initiative ordinance submitted to the
voters at the next regular municipal election
5. 1984 Election - Rebuttal Arg m is
The City Attorney reported that Council should make the determination whether to
allow rebuttal arguments in connection with the 1984 Municipal Election
MOTION SEEDNIDED AND CARRIED: Moved by Allison, seconded by Perkins and passed unani-
mously to adopt the rebuttal argument provision for the 1984 Municipal Election.
6. Resolution # setting certain policies applicable to candidates in the
April 10, 1984 election
NOTION SECONDED AND CARRIED: Moved by Proft, seconded by Hillestad and passed by
the following roll call vote to continue consideration of this resolution to the
next Council meeting, pending a report fron staff on the cost of preparation and
mailing of candidate's statements.
AYES: Mayor van Tanelen and Councilnembers Hillestad, Perkins and Proft
NOES: 0ouncilme nber Allison
Resolution # requesting the registrar of voters of Santa Clara County
to render specified election services pursuant to Section 22003
The City Clerk reported that John Molchan, Assistant Registrar of Voters, had stated
the the County could also be responsible for the Town's absentee voting process in
the April 1984 election. Therefore, this service should be added to Exhibit A of
the Resolution before Council.
MOTION SECONDED ASID CARRIED: Moved by Proft, seconded by Hillestad and passed unani-
mously to adopt Resolution #1613 requesting the registrar of voters of Santa Clara
County to render specified election services pursuant to Section 22003 of the election
code as amended,
-4-
CITY COUNCIL MINUTES - Decarber 7, 1983
D. SPECIAL. ORDERS: continued
`r 8. Ordinance # _amending Title 4 of the Ics Altos Hills Muncipal Code by
adding thereto Chapter 13 entitled "Hazardous Materials Storage"
kw
The City Attorney reported that the 'Sher Bill' which becomes effective January 1,
1984 added detailed regulations concerning storage of hazardous substances in under-
ground tanks. The City Attorney further noted that the Tuan is exert from the
provisions of the Sher Bill only if it elects to assure local jurisdiction by
adoption of an ordinance prior to January 1, 1984 providing for double containment,
underground tank monitoring and issuance of permits.
PASSED BY CONSENSUS: to amend the ordinance on Hazardous Materials Storage as
follows: Page 2, section (f) - change the word part to article in the first sentence
and delete the second sentence; Page 8, section d. - change 25 to 100 in the last
line.
MOTION SECONDED AMID CARu=: Moved by Perkins, seconded by Proft and passed unani-
mously to waive further reading of ordinance.
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Hillestad and passed
unanimously to introduce Ordinance #284 amending Title 4 of the Los Altos Hills
Municipal Code by adding thereto Chapter 13 entitled "Hazardous Materials Storage"
as amended by Council.
9. Resolution # awarding contracts for Page Mill Road at Story Hill Road;
Moody Road at Franceront Road storm damage projects
The City Manager reported that the contract concerning Moody Road at Francenont Road
was still under review and could be continued for Council's decision.
MOTION SECONDED AMID CARRIED: Moved by Perkins, seconded by Hillestad and passed
unanimously to adopt Resolution 41614 approving and authorizing execution of an
agreement between the City of the Town of We Altos Hills and Keyco Engineering
Corporation for an amount of $72,622.
10. E1 Monte Road - installation of guard rail
MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Perkins and passed unani-
mously to adopt Resolution #1615 approving and authorizing execution of an agreement
between the City of the Tuan of Los Altos Hills and West Coast Fence, Inc. for an
amount of $9,835.
E. UNFINISHED BUSINESS:
Notification process for City Council meetings:
Council discussed the following matters regarding the process of notification:
placement of the posting boards, mailing list for agendas and minutes and related
costs and cost of placing agendas in local newspapers. Council had before then a
report which stated the approximate cost of placement in the local papers could be
$5,300.
G.=
CITY COUNCIL MINUTES - December 7, 1983
E. UNFINISHED BUSINESS: Item 1 (continued)
Regarding the subscription rates for agendas and minutes ($8/yr. for agendas and
$19/yr for minutes and $20/yr. for both), Council agreed that this mount should
ruin the same and that the Mayor and Councilman Proft would review and update the
list of those who receive omplimentary copies.
Regarding the placement of agendas in the local papers, Tuck Shepherd of the Los
Altos Town Crier generously offered to place the Town's agenda in the Crier at no
charge.
Alma Wood, 12151 Stonebmok, expressed the opinion that placement of the agenda in
the Town Crier was net sufficient and ads should be placed in the local papers for
oertain important public hearings.
Ed Barnes, 23750 Ravensbury, and Richard Swan, 12779 Leander, thanked Tuck Shepherd
for her generous offer and noted that they felt the Tann Crier was an excellent
source of local information.
It was suggested regarding the local posting places in Town that consideration be
given to moving then to more accessible locations.
Jean Struthers, 13690 Robleda, suggested moving the posting board near Town Hall
next to the mailbox.
Edward Barnes, Chairman - Coaounity Relations Committee, offered on behalf of his
axttee to look into the placement of the posting boards and report back to Council
at the next meeting.
MOTION SECONDED AND CARRIED: Moved by Pmft, seconded by Hillestad and passed unani-
mously to accept the offer of the Town Crier to place the Town's agendas in the Crier
at no charge and to thank then for this generous offer. In addition Council agreed
to continue use of the posting boards in Town.
Encoadment Permit, Lards of Lynch, 25701 Lanita Linda Court
The City Engineer presented his report dated 12/2/83 which in addition to background
included staff's reo mendation that an enncroaclv�ent permit for a fence encroaching
five feet into the right of way line be granted/with the provision that the fence
be renoved within 30 days after a request by the Town. In addition the City Engineer
reported on the survey ompleted by John Riley on subject pmperty which showed the
extent of the fence encroachment now existing and a staff sketch which showed the
fence in relation to the Town limits, mad, existing tree and telephone pole.
*(present fence encroachment is 15' into road right of way) AMENDED BY COUNCIL 12/21/83
Council discussed the overall issue of the Lards of Lynch which included other
matters such as status of building permits, setbacks and drainage.
MOTION SECONDED APED WITHDRAWN: Moved by Hillestad, seconded by van Tamelen and with-
drawn to continue consideration of encmachnnent permit for the Lands of Lynch until the
next Council meeting for a omplete report on all related issues.
MOTION FAILED DUE TO LACK OF A SECOM: Moved by van Tamelen to continue consideration
of the encroachment permit for the Lands of Lynch until the next Council meeting for
a Clete report on all related issues.
ma
C1Ty COUNCIL bMKnT9 - December 7, 1983
E. LwiNiSHED BUSINESS: Item 2 (continued) :
Fdcward Barnes, 23750 Ravensbury, suggested this item be continued and all of the
nerg rs ro r e commented that it seemed the applicant's request
for an encroachment permit was after the fact since the fence was in place.
JanesReynolds, 23750 Ravenssbury, �nnented that several residents in the neighbor -
were oo ng into sower rooKup and there were drainage matters related to the
Lands of Lynch which should be addressed.
Planning Commissioner Stewart asked about the property stakes related to the
building permits for the tennis court and the caboose and questioned how the fence
was placed originally outside the boundary.
Tan Lynch applicant, commented that the building inspector had recently inspected
s property and everything was in order, i.e. tennis court, caboose, dish antenna,
etc. He questioned why the issue before Council might be continued.
William Antoneli, attorney for the applicant, asked that Council either address
the request for an encroactment permit only or continue the matter if other aspects
of the property were going to affect the discussion. He stated that his client was
prepared to sign an agreement and post a bond guaranteeing that the fence could be
removed within thirty days after a request by the Town to remove it and that he
would also sign a hold harmless agreement with the Town.
Council discussed the matter of the encroachment permit for the Lands of Lynch
G
and agreed that the following related issues would be agendized for the next
�+ Council meeting: statues of building permits, setback of satellite dish and drainage
issue on driveway at Ravensbury.
MOTION SECONDED AND CARRIED: moved by Perkins, seconded by Hillestad and passed by
the following roll call vote ;p approve an encroachment permit to maintain a 6 foot
chain link fence (61) within/right of way line with the provision that the fence
be ramved within 30 days after a request by the Town. The permit shall be prepared
by the City Attorney and shall be recorded; it shall also include a hold harmless
clause. It was further approved that the applicant could reimburse the Town for
the cost of the survey performed concerning the fence.
*15' of road (AMENDED BY COUNCIL 12/21/83)
AYES: Councilmembers Hillestad, Perkins and Proft
NOES: Mayor van Tamelen and Councilmen Allison
The Mayor stated that in her opinion the applicant had shown a blatant disregard
for property lines on his property.
F. SPECIAL REPORTS:
1. Reports from Standing Ccnmittees:
a) Environmental Design, Parks & Recreation
Julie Burian, Chairman, presented a report to the Council regarding the issue of
excessive gr m the Town. She further stated that the Town Booklet would be
ready in about six weeks and a report on Town -owned properties would be completed in
January.
Council thanked the Chairman for her report and agreed the report on grading could be
sent to the Site Development Committee for their information and review.
-7-
CITY COUNCIL MINUTES - December 7, 1983
F. SPECIAL ORDERS: (continued)
,%W 2. Reports from Pd Hoc Committees: none
3. Cements from the Council:
a) Mayor van Tamelen
1) Remmendations from minutes of Safety Committee and Roads and Drainage
Committee
PASSED BY CONSENSUS: To direct staff to consider the reca[mendations presented in
the minutes of the Safety and Roads and Drainage Committees.
2) Lands of Arastra
Council had received Mary Stutz' report on the public meeting in Palo Alto to
review preliminary park plans for the Palo Alto owned Arastra property Council
agreed that this report should be agendized for the 12/19/83 Planning Commission
meeting for their information.
3) Neary Quarry
The Mayor reported that on 11/30/83 Supervisor Rebecca Morgan had a meeting at
Town Hall on the subject of the quarry and on 12/6/83 another meeting had been
held which included the President of the quarry and neighbors. A committee bad
been formed and they were presently working with the neighbors.
G. STAFF - REPORTS, CDRRESPONDENCE ADID ANNOUNCEMENTS:
1. City Manager:
a) Status report on Town radio financing:
The City Manager reported that the loan request was still with the Bank of America's
Regional Office and hopefully these would be a response within the week.
b) Status report on dam at Rhus Ridge Road - Adobe Creek
The City Manager reported that the meeting with representatives from the Santa
Clara Valley Water District would take place before the next Council meeting.
c) Report on ABAG Housing Needs
The City Manager reported that the 10/28/83 deadline set by ABnG for responses was
firm; the matter would be referred to the Housing Element Consultant at the appropriate
time.
d) Report on Recycling
The City Manager reported that this matter was still under review and a report would
be made at the next meeting.
10
CITY COUNCIL MINUTES - December 7, 1983
G. STAFF - REPORTS, ODIMSPONDENCE AND ANNOUNC04VM: (continued)
1. City Manager (continued):
e) Status report on La Paloma Drainage Basin:
The City Manager reported that Travice Whitten was reviewing this project and
should have a report early the week of 12/12/83.
H. NEW BUSINESS:
None
I. CLISED SESSION•
The City Council then adjourned to Closed Session for personnel and litigation at
11:25 p.m. and reconvened at 12:15 a.m.
PASSED BY CONSENSUS: To adopt Resolution #1616 approving and authorizing execution
of an agreement between the City of the Town of Los Altos Hills and Max Meyer.
J. ADJOURD =:
There being no further new or old business to discuss, the City Council adjourned at
12:20 a.m.
Respectfully subnitted,
Patricia Dad, City Clerk
M