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HomeMy WebLinkAbout12/01/1982CITY COUNCIL TOWN OF LOS ALTOS HILTC 26379 Fremont Road Los Altos Hills, California IN • -+or is Wednesday, December 1, 1982 cc: Feel 140, Tr. I, Side I, 001 -end, Tr. I, Side II, 001-434 Mayor Perkins called the Regular Meeting of the City Council to order at 7:35 p.m. in the Council Chambers of Town Hall. a• eu� y aha • aeirdA;roq Present: Mayor Perkins and Councilnembers Allison, Proft and van Tamelen Absent: Councilwman Hillestad Staff: Acting City Manager Marty Tarshes, City Planner John Carlson, Assistant City Attorney William Hughes, Assistant Planner Pat Wetb, Planning Carnmission Representative Judith Carico and City Clerk Pat Dotal Press: Florence Pallakoff, Los Altos Town Crier; Mary Duenwald, Peninsula Times Tribune Presentation of Certificate to Eagle Scout Reith Van Duzer 40 Mayor Perkins presented a Certificate of Appreciation to Reith Van Duzer for his achievements as an Eagle Scout. Mr. Van Dozer has earned 35 merit badges and his most recent project was the installation of a directional sign at Loyola School. Matadero Creek Subdivision - Offers on Lots; Lot #20 - Lot Review Committee Report The City Planner reported that on 11/29/82 the Lot Review Committee had met to review lot #20 and had mace the following reco endations: 1) approval of site development plan with conditions marked on the plans; and 2) approval of residence extending beyond building site circle based on site plan. The lot Review Ca mittee reomue ded denial of the request to increase the NIDA from 7,900 square feet to 8,450 square feet. Alan Lambert, 141 First Street, Los Altos, addressed the Council on behalf of the purchasers of Lot #20. He explained the type of house they wanted to build, their reasons for requesting an increase in the NIDA, and the level of the lard at Lot #20. Mayor Perkins, in response to a question from van Tanelen, explained the exceptional circumstances which would otherwise deprive the applicant of the full use of his lard, i.e., location of house on lot. MOTION SECONDED AND CARRIED: Moved by Perkins, seconded by Allison and passed by the following roll call vote to adopt Resolution #1502 anrzrling the CC&Rs to increase the NIDA for Lot #20 from 7,900 to 8,450 square feet and directing the City Attorney to prepare an amenchent to the CC&Rs extracting the NIDA limits for the lots. AYES: Mayor Perkins and Councilnembers Allison and Proft NOES: Councilwoman van Tauelen ABSENT: Councilwoman Hillestad A. ROLL GALL AND PLEDGE OF ALLEGIANCE: Matadero Creek Subdivision (continued): M =CN SECONDED AND CARRIED: Moved by Allison, seconded by Proft and passed unani- ncusly by all members present to approve the following recomexdations of the Lot Review Crnmittee: 1) approval of site development plan with conditions marked on the plans; and 2) approval of residence extending beyond building site circle based on site plan. Items Removed: B.2 (resident); B.6.b) (van Tamelen) MOTION SECONDED AMID CARFUED: Moved by Proft, seconded by Allison and passed unani- mcusly by all mmbers present to approve the balance of the Consent Calendar, specifically: 1. Approval of Minutes: Novenber 3, 1982, Novmber 8, 1982, Novenber 15, 1982, November 18, 1982 and Novenber 22, 1982 3. Resolutions for Adaption: a) Resolution #1503 repealing Resolutions #1479, #1480, #1481, #1482 and #1483 b) Resolution #1504 setting a Public Hearing date of January 5, 1982 for easem nt abandonment, Lands of Farber 4. Time Extension Request: a) Request for extension of Tentative Map to December 9, 1982, LANDS OF SCHWARZ, File 7M #9-81 5. Actions of the Planning Crnmission: recocmeded granting of the following: a) LANDS OF Mim INVFSTKWTS, File VAR #8-82 6. Motions for Adoption: a) Motion setting Decanber 15, 1982 as the Public Hearing date for the issue of recycling in Los Altos Hills Itens Removed: 2. Approval of Warrants: $139,908.64 Alma Mood, 12151 Storebrook Drive, questioned warrants #8907, 8916 and 8929. Concerning PG&E, it was explained that the PG&E bill for the Barn also included the traffic signals in Tuan which accounted for the fact that it was higher than the PG&E bill for Tann Hall. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed by the following roll call vote to remove warrant #8907 from the warrant list. kw AYES: Mayor Perkins and Councileti�ers Allison and van Tanelen NOES: None ABSENT: councilmmber Hillestad PRESENT: Council.meiber Proft -2- CITY COUNCIL MINUTES - December 1, 1982 B. CONSENT CALUMAR: (continued) MOTION SEOCNUED AMID CARRIED: Moved by Allison, seconded by Proft and passed unani- mously by all ffEnbers present to approve the balance of the warrant list, specifically: $139,436.45. 6. Motions for Adoption: b) Motion setting Decen-ber 15, 1982 as the Public Hearing Date for the Hazardous Materials Storage Permit Ordinance van Tamelen asked that the public hearing be postponed on the above ordinance since discussions were still being held and changes might be made for consideration. PASSED BY CONSENSUS: To place the Hazardous Materials Storage Permit Ordinance on the next agenda for a report but not for a public hearing. C. SPECIAL REPORTS: 1. Reports from Standing Committees: none 2. Reports from Ad Hoc Camnittees: a) Pd Hoc Committee to Review Committees - Committee Appointments van Tamelen referred to a 12/1/82 report before Council which listed the newly - structured committees, the number of vacancies and a list of applicants. Allison objected to the appointment of the President of the Little League, Martin Wank, to the Environmental Design, Parks and Recreation Committee. However, van Tamelen noted that it had been agreed to have representation frau the Little League on this c ourni.ttee. MOTION SEODNDED AMD CARRIED: Moved by van Tamelen, seconded by Proft and passed by the following roll call vote to make the following appointments to the Town's committees: Pathways: Lee Duley Environmental Design, Parks and Recreation: Peter Wallace, George Dai, Martin Wank, Edward Emling and Mrs. John Fondahl Safety: Rodger Barkoff, Walter Schulze, George Pfeiffer, William Siegel, Nevin Hiester, Robert Morgan, J. Robert Johnson, John Cranston, Marc Kaufman, Andrew Cochran Community Relations: Ann Throop, Edward Barnes, Doni Hubbard, Tim Sandia and Marianne Beck. AYES: Mayor Perkins and Councilmen -hers Proft and van Tamelen NOES: Ccuncilnienber Allison ABSENT: Councilnmrber Hillestad 3. Reports from the Planning Cmmission: none 4. Presentations from the Floor: 46, Oscar Sobel 28266 Chris hers lane, eny>hasized that regarding expenditures made Council, approval should be attained Fran the Council prior to the expenditure and reports should be on the meeting, trip, etc. involved. -3- CITY COUNCIL MINUTES - December 1, 1982 L C. SPECIAL REPORTS: 4. Presentations from the Floor (continued) 4r Irma Goldsmith, President/Historical Society, presented to the Council a booklet she had prepared on the September 2, 1982 Staff Appreciation Picnic. Mrs. Goldsmith noted what a success the event had been and thanked Council for all their hard work. Doni Hubbard, 25228 IaLaia, reminded Council that the Los Altos Hills Horsenens' Association and Westwind Barn were sponsoring an open House on December 12, 1982 fran 2-5 p.m. at Westwind. Contributions dere requested of canned goods and/or unwrapped gifts for reedy families. Fran Stevenson, 26989 Beaver Lane, reported that IH% had an excellent movie on earthquake preparedness. There was no charge for this movie and Mrs. Stevenson suggested that it be scheduled for showing at some future date and proper publicity be announced so residents could attend. It was suggested Mrs. Stevenson contact members of the safety cmmittee to discuss this matter. Marc Kaufman, 14100 Donelson Place, reported that he would be attending a County- wide disaster preparedness meeting on December 2, 1982. It V` 'Iml• � •J •� " '� I� it M ` 11 I • Mi'Ip�' 1. City Manages Reports: The Acting City Manager noted that there was a reed for Council to schedule a meeting to hold a closed session for litigation. PASSED BY CONSENSUS: To adjourn to an Adjourned Regular Meeting on Thursday, December 9, 1982 at 4:00 p.m. 2. Storm Damage Proft asked what, if any, storm damage the Town had incurred during the recent heavy rains. The City Engineer responded that other than some trees which had cane dawn and debris on the roads, there had been no serious damage. �� 1. Ordinance #278 of the City of the Town of Ins Altos Hills amending sections 5-1.02(j) and 5-1.21 of Chapter 1 entitled "Litter" of Title 5 of the Los Altos Hills Municipal Code concerning the posting and removal of election signs. (SE()CID READING) MOTION SECCNDED AND CARRIPD: Moved by van Tamelen, seconded by Allison and passed unanimously by all members present to waive further reading of Ordinance #278. MOTION SECONDED AND CARRIED: Moved by van Tenelen, seconded by Proft and passed unanimously by all members present to adopt Ordinance #278. -4- CITY COUNCIL MINUITES - Decerber 1, 1982 E. SPECIAL ORDERS (continued): `, 2. Request for Final Map Approval, LANDS OF TOKHEIM & GREEN, File FM #2-82 MOTION SECONDED ASID CARRIED: Moved by Allison, seconded by Proft and passed unani- musly by all members present to adopt lbsolution #1505 approving final parcel map and approving and authorizing execution of subdivision agreement. 3. Public Hearings: a) Williamson Act Contract - petition requesting cancellation of Kinkead Williamson Act Contract (continued to Deceober 15, 1982 Council meeting at request of applicant MOTION SECONDED AND CARRIED: Moved by Proft, seconded by van Tamelen and passed unanvmcoly by all nembers present to continue request for cancellation of Williamson Act Contract, Lands of Kinkead. b) LANDS OF IORTION, 26030 Versailles Court: proposed changes and amendments to the subarea plan element for the Chaparral Way subarea of the General Plan, and adoption of a proposed negative declaration Due to a possible conflict of interest, Proft removed him.elf from consideration of this matter. Proft staled that his property was located within the subarea plan under review and he had also removed himself from discussion when the subarea plan was originally being considered. The City Planmier presented a staff report dated 12/1/82 which recom nded the following four mitigating measures to the proposed Negative Declaration: 1) The possibility of increased soil instability due to private sewer systems and surface flaw of water can be addressed by an engineering analysis of the areas involved. 2) The possibility of increased soil erosion due to surface flaw of water can be addressed by a soil erosion plan. 3) The possibility of increased surface water flowing onto adjacent lands can be addressed by a storm drainage plan which provides for the transporation of water to a point that would not be detrimental to adjacent properties or to the master drainage plan. 4) The possibility of transporting storm waters to an adjacent drainage basin can be addressed by a storm drainage plan which provides only the temporary transportation of storm craters to an adjacent drainage basin if this basin can accept the additional water. David Proft. 26271 Mboiv Roadgave a brief history of the subarea plan noting that several years ago it Was observed that there were drainage problems in this area and instability of soils on certain properties. Proft co Trented that, in his opinion, the mitigating measures were not complete; they did not specifically require a study of the surrounding properties and how the proposed changes would affect all the properties in the subarea plan or haw the proposed changes would affect the storm drainage system now in effect. Ube Assistant City Attorney stated that regarding this issue, Council could discuss the proposed amnaxents to the subarea plan and the Negative Declaration at the same time. If Council changed the proposed anendmsnt before them from the, Planning Comnission, it would be necessary to send the changed amendmnt back to the Planning Co mtission for a report. i pM CITY COUNCIL MINUTES - December 1, 1982 E. SPECIAL ORDERS: Item 3b) subarea Plan/Chaparral Way/General Plan (continued): Tim Sandia, applicant's engineer, stated that in his opinion the mitigating measures were not needed; the conditions were already required by State Law and by the Tam's Ordinances. Ton McReynolds, 26045 Moody Road, asked that the Council proceed with caution. He expressed concerns that proposed changes were being considered which appeared to relate only to one lot and that no specific study appeared to have been done. The City Planner referred to the 11/23/82 planning commission report which included their recomiendation to add Standard #13 as follows: "In the event that any current or future owner of an existing property within this subarea, as of this date, shall apply to the Town for Site Development Approval, as permitted by Zoning regulations in Section 9-5., of the Los Altos Hills Municipal Code, not requiring further sub- division of the property, then the proposed development shall be exempt from the following standards: 7, 8, and 10. If further subdivision is required then such exemption shall not apply." The City Planner then referred to the 12/1/82 staff report which recauenled the addition of standard #13 to read as follows: "In the event that any current or future owner of an existing property within this subarea, as of this date, shall apply to the Tom for site Development Approval, as permitted by Zoning regulations in Section 9-5., of the Los Altos Hills Municipal Code, not requiring further sub- division of the property, then the Planning Ccnmission may exenpt the proposed development from the following standards: 7, 8 and 10. If further subdivision is required then such exemption shall not apply. " The following was also included in the staff reccmTendations: "If a proposed developx t is exempt, the following items must be completed prior to issuance of any permits: 1) An assurance by a Soils Engineer that the proposed development will not cause unstable soils conditions. 2) A storm drainage and erosion control plan to insure increased surface water or sediment will not occur on downstream properties. and 3) An Agreement, recorded with the Santa Clara County Clerk, that requires the owner to connect to and par- ticipate financially in storm drain and sewer facilities when they are installed." Tim Sardis, applicant's engineer, gave a brief history of the Horton's attempts to develop their land and requested Council to approve the Planning Commission recommendation before then. Planning Conudssion Fa presentative Carico explained the amend ants to the General Plan which were required before Horton development could proceed and Michael Stewart, Planning Commissioner, noted that the Site Development for the Horton property had gone before the full Planning Commission and they were recommending to Council that the subarea plan be an�nied. Council then held a discussion on the recommendations before them and the following issues were addressed: possibility of an assessment district; drainage - water should flow in natural course to natural basin; possibility of allowing the Horton to proceed with their plans while the subarea plan was being corrected and/or better defined. Allison also requested staff to report on who was hooked up to the sewer lines in the Tanglewood Subdivision and haw much had been paid. van Tamelen noted that conservation easements which were called for were not on the site development e plans and asked the Planning Camussion to look into this. 1112 CITY CODNCIL MII= - Deconber 1, 1982 E. SPECIAL ORDERS: Item 3b) Subarea Plan/Chaparral Way/General Plan (continued): 46 MOTION SECONDED AMID CARRIED: Moved by Perkins, seconded by van Tamelen and passed by thefollowing roll call vote to arend the reccnnendation for standard #13 as received by the Planning Commission by changing the word "shall" to "may". AYES: Mayor Perkins and Councilwoman van Tamelen NOES: Councilman Allison ABSENT: Councilcaaman Hillestad ABSTAIN: Councilman Proft Allison stated that be was against this change which, in his opinion, would add unnecessary flexibility to the standard in question. NOTION SECONDED AMID CARRIED: Moved by van Tamelen, seconded by Perkins and passed by the following roll call vote to approve the proposed amendment to the subarea plan as follows: "STANDARD #13 - In the event that any current or future owner of an existing property within this subarea, as of this date, shall apply to the Town for Site Development Approval, as permitted by Zoning regulations in Section 9-5., of the Los Altos hills Municipal Code, not requiring further subdivision of the property, then the Planning Commission may exempt the proposed development from the following standards. 7, 8 and 10. If further subdivision is required then such exemption shall not apply." AYES: Mayor Perkins and Councilwoman van Tamelen NOES: Councilman Allison ABSENT: Councilwoman Hillestad hr ABSTAIN: Councilman Proft It was noted that this matter would go back to the Planning Commission for a report on the change to the amerdxent as approved by Council. Consideration of the negative declaration and the proposed ammenfinent would be agendized for the next Council "uneeting Council reviewed the status report on the Town Booklet which noted that to date costs of $1,560.22 had been incurred; however, it would cost an approximate $9,000 to couplets this project. Council agreed that completion of this project would be deferred until additional funds were available. MOTION SECONDED AMID CARRIED: Moved by Proft, seconded by Allison and passed unani- mously by all ms ers present to approve payment of $1,560.22 for expenses: incurred in preparation of Town Booklet. 2. Report on S -Cu ve including re -striping and installation of Bots -dots Council discussed the safety of the s -curve and several letters they had received requesting additional safety measures, i.e. re -striping and bots -dots. Allison cemented that he was against such ad hoc spending of funds. MOTION SECONDED AMID CARRIED: Moved by van Ta�elen, seconded by Perkins and passed unanimously by all members present authorize payment not to exceed $280 for re-stripin of S-curve and installation of Bots -lots. -7- CITY CODNCIL MINUTES - Deoenber 1, 1982 G. tM BUSINESS: MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed by the following roll call vote to go past the hour of adjournment and continue the meeting to 12:30 p.m. AYES: Mayor Perkins and Councilnenbers Allison and van Tanelen NOES: Councilman Proft ABSENT: Councilwv an Hillestad 1. Lands of Foster, Lot #3, Crescent lane, Appeal of Site Approval and Site Development Expiration The Assistant Planner presented a report dated 11/24/82 which included background information on the appeal for the Lands of Foster and the Planning Commission recommendation that the appeal be approved. Proft stated that he was against the granting of this appeal because he felt these procedures should be followed in a timely manner. MOTION SECONDED AND CARRIED: Moved by Allison, seconded by van Tamelen and passed by the following roll call vote to grant the appeal in regard to an extension of time to oamplete the application for Building Permit and extend the time to begin work under the Site Development so that the Site Development is also still valid with the proviso that the required Building Permit information will follow within thirty (30) days of City Council approval. AYES: Mayor Perkins and Councilnenbers Allison and van Tammelen NOES: Councilman Proft ABSENT: Councilwoman Hillestad 2. Lands of Hwang, 25313 La lama Drive, Appeal of Zoning and Site Development Denial for swimming pool and raquethall court. The City Engineer presented a staff report dated 11/29/82 which included background regarding the Lands of Hwang and an explanation of the procedure involved regarding an appeal of an administrative decision. Charles Reed, attorneyfor the applicant, addressed the Council and requested Council approval of the plans as originally submitted by the Hwangs. He noted that his clients had submitted and received approval for a site development plan in March of 1981. Mr. pL d further comented that it was not until after they had built their home that they realized the permit had expired and in:the meantime an ordinance had been passed which changed the limits of development area. Mr. Named showed slides which portrayed where the projects would be placed and what work had already been done. Council discussed the apparant difference of opinion as to what was originally approved on the site plans and the increase in development area which was being requested over what was now allowed. Michael Stewart, Planning Commissioner, suggested that it would be of benefit to the Council to actually see the lot in question. kw MOTION SEOW)ED AND CARRIED: Moved by Allison, seconded by Proft and passed unani- mously by all nenbers present to deny the appeal of the Zoning and Site Development Denial for the Lands of Hwang. U N CITY OOUgCIL MURITES - Decarther 1, 1982 G. NEW BUSINESS (continued): 3. Pacific Gas & Electric Ccnpany Allison asked the Acting City Manager to contact PG&E and request an explanation for the fact that several homes in Los Altos Hills had been without paver after the recent storm for several days. Did PG&E intend to take any action to correct this problem? H. ADJOUMUM: There being no further new or old business to discuss, the City Council adjourned at 12:35 a.m. to an Adjourned Regular Meeting on Thursday, December 9, 1982 at 4:00 p.m. ME Respectfully submitted, Patricia Dowd City Clerk