HomeMy WebLinkAbout12/21/1983 (2)CITY COUNCIL
T0WN OF IAS ALTOS HILTS
26379 Fremont Road
Los Altos Hills, California
MINUTES CF A REGULAR MEETINS,
Wednesday, December 21, 1983
Feel 151, Side I, Tract I, 006 -End; Side LI, Tract I, 000-021
Mayor van Tamelen called the Regular Meeting of the City Council to order at
7:30 p.m. in the Council Chambers of the Town Hall.
Mayor van Tamelen stated that the Agenda be amended on Item B.S. to read as
follows: "Recommend Denial of Claim - Helen Wait"
A. ROLL CALL AND PLEDGE OF ALLB3IANCE:
Present: Mayor van Tamelen and Councilmembers Allison, Perkins and Proft
Absent: Councilwoman Hillestad
Staff: City Manager Ann Hinshaw, City Attorney Frank Gillio, City Engineer/
Planner John A. Carlson, Secretary Leslie Mullins
Planning
Corm: Judith Carico
Items Removed: B.1. (van Tamelen) and B.3. (Carlson) (to be discussed under
unfinished business, Item E.)
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
unanimously by all members present to approve the balance of the Consent
Calendar, specifically:
B.2. Approval of Warrants: $80,285.15
B.4. MOTION FOR ADOPTION: Motion setting January 18, 1984 as the Public
Hearing date for the following tentative map application: LANDS OF
EHNERT, FILE #TM 4-83, Hillview Drive
B. 5. Recommend Denial of Claim - Helen Wait
C. PRESLNTATICNS FROM THE FLOOR:
1. Representatives from Cfm.ARE
Mr. Sidney Mitchell 1565 Hone 'a
Place Los Altos; Mr. Cari Ota, iLLS via
Huerta. Los Altos; Mr. Jahn O'Rourke, 2477 Porterfield, Dnuntain View; Lyman
to use Bryan Canyon as a dump site, noting there are alternative sites which
should be looked at that would not create as many problems as associated with
err the Bryan Canyon site, i.e., I 280 interchange, noise, fumes, geologic faults,
etc., asking Council to petition that S AA look at other alternatives before
making a firm decision on the Bryan Canyon site. A booklet of letters.
research and petitions were handed out to each City Council menber for their
City'Council Minutes - December 21, 1963
'Page ri�
C. PRESENTATIONS FROM THE FLOOR:(continued)
1. Representatives from CROAKS
review, prepared by CROAKE. City Council thanked CROAKE for their presentation.
2. Mr. Fishley, 26008 'Todd Lane, questioned City Council on the proposed
ordinance relating to second units, mainly concerned Over access, noting the
proposed ordinance indicates access be from one driveway; stating his property
has an upper and lower level and this would not be feasible on this lot, asking
that a provision be made for lots such as his.
City Council informed Mr. Fishley the ordinance as proposed eliminates
properties with 2 access points, which has been a problem with some properties
in the Town in the past, noting as the Town must act on this ordinance within
a certain amount of time, which the clock is running out, if the Town does not
adopt this ordinance we would need to follow state laws set forth in the
legislation.
1. Ordinance #282 amending Section 9-5.1110 of Chapter 5 of Title 9 of the Los
Altos Hills Municipal Code (concerning procedures for variances and
conditional use permits) SECOND READING
MOTIIN SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and
passed unanimously to continue this item to January 18, 1984 City Council
` Agenda.
2. 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 parking spaces
SECOND READING
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and
passed unanimously to waive further reading.
Councilman_ Perkins expressed concern over access as Mr. Fishley indicated
earlier, making a motion proposing to add "wherever possible", as there
was no second motion failed.
Council and staff reviewed the proposed ordinance and state legislation
with regard to size of living area, definition of second units, rentals
to be allowed.
Mr. Oscar Sobel, 28266 Christophera Iane, asked Council not to pass this
ordinance in a hurry, wait and see what other cities are doing with this
state legislation.
Councilman Allison, opposed to passing this ordinance because the state
legislation says if we fail to adopt we're required to grant permits for
attached units 108 less of living area, furthermore, in as march it is
the intent of state legislation to encourage rentals and by passing this
ordinance for no rentals we're only looking for opposition.
City Council Minutes - December 21, 1983
Page Three
D. SPECIAL ORDERS: (continued)
2. Ordinance #283 (continued)
Councilman Proft indicated the proposed ordinance is in keeping with the
Town's existing zoning and by not enacting this ordinance we'll have a
wedge for rentals.
MOTION SECONDED AND FAILED: Moved by Proft, seconded by Perkins and failed
by the following roll call vote to adopt Ordinance 4283
ROLL CALL:
AYES: Councilnembers Perkins and Proft
NOES: Mayor van Tamelen and Councilman Allison
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
unanimously to limit debate on this proposed ordinance to 9:05 p.m.
Council and staff discussed the rental concerns, square footage requirements
on attached and detached units.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
by the following roll call vote to adopt 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 parking spaces
ROTI, CALL:
AYES: Mayor van Tamelen and Councilmerbers Perkins and Proft
NOES: Councilman Allison
3. Ordinance #284 amending Title 4 of the Ins Altos Hills Municipal Code
by adding thereto Chapter 13 entitled "Hazardous Materials Storage"
(SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
unaninnusly to waive further reading
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
unani ously to adopt Ordinance #284 amending Title 4 of the Lens Altos Hills
Municipal Code by adding thereto Chapter 13 entitled "Hazardous Materials
Storage"
4. Ordinance # of the City of the Town of Ins Altos Hills amending Chapter
6 entitled "Sales and Use Tax" of Title 3 of the Los Altos Hills Municipal
Code (FIRST READING)
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously to waive further reading.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Perkins and passed
unanimously to introduce Ordinance #2wof the City of the Town of Los Altos Hills
rending Chapter 6 entitled "Sales auT-Use Tax" of Title 3 of the Los Altos
i Hills Municipal. Code
City Council Minutes - Decanber 21, 1983
Page Four
D. SPECIAL ORDERS: (continued)
5. Resolution #1617 setting certain policies applicable to candidates in
the April 10, 1984 election
MOTION SECONDED AND CARRIED: Moved by Allison, seconded by Perkins and passed
by the following roll call vote to adopt Resolution #1617 setting certain
policies applicable to candidates in the April 10, 1984 election
ROLL CALL:
AYES: Mayor van Tamelen, Councilmenbers Allison and Perkins
NOES: Councilman Proft
6. Resolution # 1618 approving and authorizing execution of an agreement between
the City of the Town of Los Altos Hills and West Coast Fence, Inc.
City Manager informed City Council this Resolution is for installation of a
redwood retaining wall on E1 Monte Road near Foothill College entrance, noting
this was included in the Capital Improvement Program.
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed
unanimously to adopt Resolution #1618 approving and authorizing execution of
an agreement between the City of the Town of Los Altos Hills and West Coast
Fence, Inc.
7. Resolution #1619 approving and authorizing execution of addendum to
agreement between the City of the Ton of Los Altos Hills and Harris &
(� Associates, Inc.
�+ City Manager indicated the original contract with Harris & Associates for
Edith Avenue Bridge it was provided Harris be paid the end of each stage,
now they are asking for progress paynents during the 3rd stage or work,
staff concurs.
MOTION SECCNDED AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously to adopt Resolution #1619 approving and authorizing execution
of addendum to agreemant between n—City of the Tbwn of Los Altos Hills
and Harris & Associates, Inc.
8. Award of construction contract for Moody Road slide and read repair with
Keyco Construction, Company
City Manager informed City Council staff is in negotiations with Cal Trans
and request this item be continued to next meeting and if necessary call a
special meeting to award this contract if information is provided by Cal
Trans earlier than next scheduled meeting. Noting as all projects of this
type need to be approved by Cal Trans prior to Town awarding contracts,
Cal Trans is expediting our request and we hope to hear no later than three
weeks.
V02ION SECONDED AND CARRIED: Nerved by Perkins, seconded by Proft and passed
unanimously to continue award of contract, Keyes Construction Caipany to
next scheduled meeting.
City Council Minutes - December 21, 1983
Page Five
E. UNFINISHED BUSINESS:
C 1. lands of Lynch, 25701 Lanita Linda Court
` City Manager indicated the setback information has not yet been obtained
and requested this item be continued to next meeting.
NMION SEOWDED AND CARRIED: Moved by Perkins, seconded by Allison and
passed unanimously to continue Lands of Lynch to next scheduled meeting.
2. Item B.1. (van Tamelen)
Mayor van Tamelen requested the minutes of December 7, 1983 be amended as
follows: Page 1, 2nd paragraph removed "re" before roofing.
Page 3, Agenda item 43, remove "re" before roofing.
On Page 6, Item #2, first paragraph, third line add the following:
after granted..."present fence encroadment is 15' into road right of way"...
On Page 7, 7th paragraph, third line add the following to the motion:
after within..."15' of road...
MOTION SBCONDED AND CARRIED: Moved by Perkins, seconded by Proft and passed
unanim usly to approve minutes of December 7, 1983 as auended.
3. Item B.3. (Carlson)
Mr. Carlson referred to Item B.3.a) asking that this item be continued to
next scheduled meeting as the Roads & Drainage Committee indicated there
may be drainage problems on the subject lot. This would enable staff, appli-
cant and Roads & Drainage Committee to meet prior to Council approval/denial.
Council suggested a neem be included in that packet from Engineer regarding
issues of concern.
MOPION SEOJNDED AND CARRIED: Moved by Perkins, seconded by Allison and passed
unanimously to continue the lands of Rick Bell, File #SA 5-83 to next scheduled
meeting.
VW IN 144 2-441A W* *41Y IRE
1. Reports from Standing Camittees:
a) Comu'mity Relations Committee - report on placement of posting boards
It was requested this item be continued to next scheduled meeting.
b) Roads and Drainage Committee
Mr. Dannenberg, referring to Road and Drainage Committee Minutes reporting
on last years storms and damage that occurred, noting the 'Town needs to
look into setting up a more improved maintenance program; clearing and
monitoring drainage areas on a regular basis, not only when complaints
are received for clearing of materials blocking the flow. *Toting there
L are known areas that need careful looking after, which have repeated
ir history of problems that the Town should look into a wayof solving
these long tern problems, although they may be more expensive in the long
rum it will be very helpful. With regard to McCandless Report, the
City -Council Minutes - Decerber 21, 1983
Page Six
F. SPDCIAL REPORTS: (continued)
/ 1. b) Roads & Drainage (continued)
�I committee feels it is adequate for use today, although the new developrents
occurring within the Tom are not in accordance with their reccunendations
at the tim of writing, referring to run off figures. Giving an exanple
of an area that needs to be looked into, Mr. Dannenberg referred to Stone -
brook & Prospect Roads area, noting the water running don Irospect to
the storm drain is causing quite a bit of water on Priscilla Lane, keeping
it wet most of the time, recd ending areas such as this be included in
Capital ITrprovEments for creating an adequate storm drainage system.
Councilman Perkins suggested placing an article in the newsletter, letting
residents know they should check drains in their streets and keep clear
when possible, if the jobs too big, they can call 'lbws Hall and get help
from the City crew.
Councilman Allison indicated Planning Cotmussion should start looking into
the inpact of development on lots being currently built and subdivided.
Commissioner Caries reported she would bring this subject to the attention
of the Commission at their next meeting, with the possibility of having
Mr. Dannenberg appear and Hake his report to the Planning Commission at
a future meeting.
Council thanked Mr. Dannenberg for his thorough report.
aap�3 Council concurred that
City Manager suggested this report be forwarded to the Site Development
Candttee ,hlong with the LY�.vironmental Design Committee report on grading.
as well as the site Development ordinance Rewriting Camnittee (A14ENDED BY COUKIL
2. Cable TV 1/18/84)
Mayor van Tamelen indicated the report on Cable TV is available for City
Council review from Jim Reynolds.
3. Planning Commission Report
Cacaassioner Carico reported the Planning Camussion questioned the procedure
followsd on granting an encroachment permit on Lands of Lynch without going
through the Planning Comnission, Variance & Permit Process, noting it could
lead to diluting ordinances, policies and general plan and my encourage
after the fact permits.
Camiissioner Carico reported the Planning Commission reecmTended approval of
a tentative map with a condition rely!`inT-baSmvter -Ia VeAley
haavlitc�uctirsszor-'- , -meting {p
bight�t-pe�lieies € 'reyaisig-fiag�t-reAnb t,. Bess for tte-+nater'
&iat�- dedicating a creek maintenance casement to the Santa Clara valley Water Distric
noting the omnission would like to clarify Council policy on dedication of maintenance
4. Camients from Council easements to the Water District (AHESIDID BY
COLMIL
a) Councilman Proft informed Council on Transportation Comiittee's five 1/18/84)
year project, noting committee is questioning if we don't address the
rush hour traffic or do we look ahead to a traffic system to get people
out of cars and into public transportation.
City Council Minutes - December 21, 1983
'Page Seven
F. SPECIAL REPORTS: (continued)
4. Conments from Council (continued)
b) Councilman Allison expressed concern over the status of Solid Waste
Management Authority, indicating three of the larger numbers have
all passed Resolutions notifying SPkIA to withdraw effective June 30,
1984, Allison indicated that members must give notice prior to end
of the calendar year. Allison suggested that since Sunnyvale,
Cupertino and Palo Alto have announced to withdraw, that the City
Attorney prepare Resolutions. City Attorney informed Council the
Resolution to withdraw is being done as a pre -caution, noting that
Council could reconsider action after feasibility report is adopted.
MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison
and passed unanimously to adopt Resolution # 1620of the City of the
Town of Los Altos Hills withdrawing as a member of the North Santa
Clara County Solid Waste Management Authority.
Councilman Allison recom ended that the Council authorize him to
request that the S-vM assign the rights under Ferrari Contract to
individual members in the event the SRR terminates.
MOTICN SMMED ASID CARRIED: Moved by Perkins, seconded by van Tamelen
and passed un sly to approve the request to the Solid Waste Managerent
Authority for assigrvernt of the rights under the present contract to the parties
of the authority as opposed to the authority itself, in the event the authority
ceases to exist or the parties withdraw.
c) Mayor van Tamelen referred to a letter from Mr. Deacon, noting staff is
going to look into erosion control on the property; Mr. Clement, Dianne
Drive has suggested some safety precautions on Dianne Drive, slow and
curve signs, stop light at O'Keefe lane and E1 Monte Road, noting this
item will be forwarded to the City Manager and onto Safety Connittee
if necessary. The Mayor reported some truckers at Neary Quarry are
reporting negligent truckers and some truckers have been turned away
from the quarry. Mayor reported the tree give away is a success, more
trees will be given away tomorrow.
Council moved Item H.1. in front of G.1.
cPiiwlagIUIRB1_y-'RE
1. Matadero Creek Subdivision - Iot #3 - request for change to CC&R's
and Conditions of Approval for the Tentative Map
Mr. Carlson referred to his staff report dated December 16, 1983, noting
Mr. Ellinger is requesting a change to the Conditions of Approval (noting
the CC&R's do not need to be amended) to allow two portions of proposed
residence to exceed maximums height limit of 475', i.e., chimney at
elevation 477 and entry roof at 479. Tlo actions could be taken: 1) Re-
design entry roof and chimney, and 2) lower the residence, indicating
City Council Minutes - December 21, 1983
Page Eight
H. NEW BUSINESS: (continued)
1. Matadero Creek (continued)
redesigning the house would change character of house and lowering the
house would increase the amount of overall grading and would increase
disturbance to the oak trees. Mr. Carlson reported the Architectural
Committee indicated the proposed development is in accordance with the
intent of CC&R's.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and
passed unanimously to amend Condition 7.B. of Conditions of Approval,
Tract #7187, Lot #3 to elevation 479 maximum.
Mr. Ellinger brought in a model of the proposed residence, indicating
the areas which exceeded the elevation.
G. STAFF - REPORTS, CORRESPCNDEICE AND ANNOUNCIIMEN15:
1. City Manager
a) Status Report on Town radio financing
city Manager reported Bank of America is still processing loan requests,
to pay in full radio lease purchase agreement. City Manager indicated
the bank is favorable in recwr ending approval.
b) Status Report on dam at Rhus Ridge Road - Adobe Creek
City Manager reported she met with John O'Hallaran and Dennis Eli of the
SCVWD, noting since the dam is private, neither Town or SCVWD has authority
to do anything. These is a meeting tentatively set for January 6, 1984,
with Mr. & Mrs. Lolmkan (owners of dam), SCVTvD and staff, asking if
sa[eone from City Council would meet with then also. Councilman Perkins
will be attending.
c) Report on Recycling
City Manager reported the los Altos vehicle is not currently available,
noting she has spoken with Los Altos, SDa7A and Los Altos Garbage, Co.,
and will have a reoommandation after further review with those parties.
Councilman Allison suggested City Manager look into private companies
willing to pick-up recycling as indicated by the CROAKE members.
City Manager indicated Mr. Renati from los Altos Garbage has offered to
put a dumpster at Foothill College and take to recycling center, although
there would be a need to have someone attending to the dumpster (volunteer
or paid) .
d) LOCO City Manager's Department Meeting - San Diego, February 8-10, 1984
City Manager reported the annual meeting of City Manager's Department is
to be held February 8-10 in San Diego. There are no conflicts with City
Council meetings and was approved in 83-84 budget, indicated City Manager,
asking Councils authorization to attend.
MOTION SECONDED AND CARRIED: Moved by Proft, seconded by Allison and passed
unanimously to approve City Manager attendance to LOCC meting February 8-10, 1984.
City'Coimcil Minutes - December 21, 1983
'14age Nine
H. NEW BUSTN SS:
two 2. "In Search of Excellence" - February 25, 1984 Workshop
Peninsula League of Cities is holding a program to be conducted on
Saturday, February 25, 1984, at Hewlett-Packard in Palo Alto.
MOTION SECQIDID AND CARRIED: Moved by Allison, seconded by Proft and
passed un mously to approve attendance to Workshop, "In Search of
Excellence" for Mayor van Tamelen, Councilman Allison and City Manager.
3. Meeting Cancellation
MXTON SECONDED AND, CARRED: Moved by Allison, seconded by van Tamrelen
and passed unanimously to cancel next scheduled City Commcil Meeting
of January 4, 1984, next regularly scheduled meeting will be January 18,
1984, 7:30 p.m.
There being no further new or old business, the meeting was adjourned
at 10:55 p.m.
Respectfully submitted,
Leslie Mmllins
Fngineering/Planang Secretary