HomeMy WebLinkAbout01/17/1990 4a„ Minutes of a Regular Meeting
Town of Los Altos Hills
City Council Meeting
Wednesday, January 17, 1990, 7:15 P.M.
Council Chambers, 26379 Fremont Road
cc: Reel 208,Tr. I, Side I, 001-729
Mayor Casey called the Regular Meeting of the City Council to order at 7:15 p.m. in the
Council Chambers at Town Hall.
1. CALL TO ORDER,ROLL CALL AND PLEDGE OF ALLEGIANCE
Present: Mayor Casey and Councilmembers Johnson, and Tryon
Absent: Mayor Pro Tern Siegel and Councilmember van Tamelen
Staff: City Manager Thomas Frutchey; City Attorney Frank Gillio;
Director of Public Works Bill Ekern; Planning Director Arm Jamison; and
City Clerk Pat Dowd
Press: Margo Foster, Los Altos Town Crier
Mayor Casey pointed out that Council had just been informed that Mayor Pro Tern
Siegel was unable to attend this Council meeting due to illness. Since Johnson steps
down from discussions on the Lands of Clausen due to a possible conflict of interest,
there would not be a quorum present at this meeting to hold the public hearing on the
Lands of Clausen.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and passed
unanimously by all members present to continue the public hearing on the Lands of
Clausen to the February 7, 1990 Council meeting.
Ro Taylor, Los Altos, asked if there would be any discussion at all at this meeting on the
subject of the Lands of Clausen. She was advised that the issue would not be discussed
at this meeting
January 17, 1990
1
2. APPOINTMENTS AND PRESENTATIONS
2.1 Spartan Engineering--Presentation of Proposed Sound System for
Chambers and Consideration of Recommended Contract -- Resolution
Mr. Stan Hultgren, Spartan Engineering, explained the proposed sound system to the
Council. He noted that similar systems were in place at Oakland's City Hall and the
Union City School District, to mention just a couple of places. Mr. Hultgren noted that
once a decision was made, it would take approximately two weeks to have the system
installed in the Chambers.
Casey suggested that other places where the same sound system was in place be
contacted for reference and Tryon asked that Council be provided a list of the places
where the same sound system was being used.
PASSED BY CONSENSUS: To agendize the proposed sound system for Chambers and
consideration of a recommended contract for the next Council meeting and to contact
other places where the same sound system was in place.
fir
3. REPORT FROM THE PLANNING COMMISSION
Planning Commissoner Jones reported that at their 1/10/90 meeting, the Planning
Commission denied the request for a variance for Lands of Paulnock for construction of
a 6' chain link fence within the setback. There was also a discussion the Lands of
Quarry Hills application and earlier on Wednesday, the 10th a field trip had been
conducted to the Quarry.
4. CONSENT CALENDAR
Items Removed: 4.1 (November 15 and January 3 Regular Meeting Minutes) -- Tryon
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed unanimously by all members present to approve balance of the Consent
Calendar, specifically:
January 17, 1990
2
L 4.1 Approval of Minutes: November 29, 1989 (Adjourned Regular Meeting)
December 20, 1989 (Special Meeting)
January 3, 1990 (Adjourned Regular Meeting)
4.2 Approval of Warrants: $121.030.80 (12/29/89)
$133,732.84(1/4/90)
4.3 Monthly Financial Reports for October and November
4.4 Approval of Final Map, Lands of MacHale -- Resolution #2-90
4.5. Initiating Reorganization Proceedings for Annexation of Certain Inhabited
Territory known as the Lands of Finn and Setting the Time and Date of
Public Hearing -- Resolution #3-90
4.6 Easement Dedication, Lands of Earl, Byrd Lane -- Resolution #4-90
4.7 Easement Dedication, Lands of Hau, Burke Lane -- Resolution #5-90
4.8 Proclamation Declaring 1990 the "Year of the Horse" and Approval of Request
to Organize an American-Vietnamese Flag-Raising Ceremony at Town Hall
4.9 Proclamations Honoring the Men and Women of the Armed Services Following
the October 17, 1990 Earthquake
4.10 Status Report on Intersection of Purissima and Concepcion -- file Director of
Public Works staff report dated 1/17/90
4.11 One-Hundred-and-Eighty-Day Extension of Regulations for Earthquake Damage
Reconstruction -- Resolution #6-90
Casey asked that letters be sent to all those on the earthquake damage list notifying
them of this extension and Tryon asked that Council receive a copy of the earthquake
damage list.
4.12 Matadero Creek Subdivision -- Setting public hearing on changes to conditions
of approval — Resolution #7-9
January 17, 1990
3
L
Items Removed:
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to approve the minutes of the November
15, 1989 Council meeting with the following corrections: page 1, last paragraph, insert
the following sentence before the last sentence: 'Mr. Gaither removed his name from
consideration.'; page 6, first paragraph, third sentence should read: Tryon commented
that she had also received a similar phone call. She asked the City Attorney if there was
a conflict '; and page 8, item 7.3, first paragraph, 9/20/898 should be corrected to
9/20/89.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to approve the minutes of the January 3,
1990 regular meeting with the following corrections: page 5. first paragraph, fifth
sentence should read: She noted her concerns about the variance finding clause which
referred to location '• page 7, Item 8.1, second paragraph, first sentence should read:
and noted that the County purchased such a system at great expense which was
not reliable.'; page 10, item 11.3, last paragraph should be corrected as follows: line one,
4110 change 'eight' to 'many', sentence four should read: ' County other than the City of
San Jose endorsed this proposal at this time and some of them had already retracted
this endorsement pending further review.'; and page 11, third paragraph, first sentence
should read: 'Tryon stated that she was meeting regularly with McKenna, Beall,
O'Toole and others to reach a consensus proposal and asked the Councilmembers to
withdraw their endorsements.'
5. PRESENTATIONS FROM THE FLOOR
Mrs. Shari Emling, 11853 Murietta Lane, referred to a flyer being distributed by the
League of Women Voters on a panel discussion of the County General Plan Review
with emphasis on Hillside Development. The panel discussion was scheduled for
January 25th at 7:30 p.m. at the Los Gatos Neighborhood Center. Mrs. Emling also
reported that a huge semi truck was parking every night under the freeway near El
Monte towards Moody. In addition other cars were now parking there and she
suggested the placement of 'no parking' signs.
taile January 17, 1990
4
1111/
Mrs. Betsy Bertram, 11854 Page Mill Road, reported that with the rains last weekend,
the drainage ditch under her driveway became full of silt which had been washed down
from the upper properties. She asked the Town to talk with Palo Alto and have them
address the drainage flow issue on the side of the hill and the part of Page Mill Road
which was in Palo Alto. Mrs. Bertram also noted that that a portion of Page Mill Road
was in the County and needed to be repaired. On another subject, Mrs. Bertram
reported that a neighbor was selling their home which had had a four-car garage built
on the property. It was being advertised as having a guest apartment and does not have
all the required permits. Mrs. Bertram asked if staff was going to do anything about this
property.
Mr. Les Earnest, 12769 Dianne Drive, referred to the article in the morning edition of
the 1/17/90 San Jose Mercury on the houses in the Town. The home pictured on the
front page had been built to full development and some development had been done
on the property without permit. This matter had been reported to the City Manager;
however, no action had been taken.
Tryon asked what the procedure was when an issue of code enforcement was reported
`, to the Town. The City Manager responded that someone goes out to investigate the
complaint, the owner is contacted and the attorney is notified.
Mr. Edward Emling, 11853 Murietta Lane, commented on several issues. First, he too
commented on the semi truck parking as one exits off 280 from the north and he
believed this was a safety issue. Second, he thanked staff for the letter regarding the
duplexes on the neighboring property but he still did not know how they could stay
there. Third, a full disclosure policy had been adopted and the Planning
Commissioners made their disclosure statements before each public hearing. Mr.
Emling stated that he would appreciate Councilmembers doing the same. He also
reported that at the last meeting Mr. Paulnock had been denied a variance for a fence.
After his hearing, Mayor Casey had followed him out of Chambers. Mayor Casey stated
that she simply explained the appeal process to Mr. Paulnock and believed it was
appropriate to do so. Mr. Emling, however, noted that he had explained the appeal
process to Mr. Paulnock during the meeting. Mayor Casey also stated that she would
not be stepping down from discussion of the Lands of Clausen because her children go
to school at St. Nicholas. The City Attorney had advised the Mayor that it was her
decision to make.
January 17, 1990
5
`, Tryon referred to the notes from the team building session and suggested that perhaps
they should be agendized for a future Council Meeting.
Mrs. Betsy Bertram, 11854 Page Mill Road, stated that she was appalled at the Mayor's
actions at the last Planning Commission Meeting. She stated that staff was superb and
applicants could find out information about appeals, etc. from staff.
6. PUBLIC HEARINGS
6.1 Determination of Final Design of the Intersection at El Monte and Voorhees,
Lands of Clausen, File TM #9-88
This public hearing was continued to the February 7, 1990 Council meeting due to lack
of a quorum.
7. UNFINISHED BUSINESS
7.1 Addendum to Contract for Landscape and Entryway Master Plan Consulting,
Wolfe/Mason Associates -- Resolution #
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to continue consideration of the
addendum to the contract with Wolfe/Mason Associates for landscape and entryway
master plan consulting to the next meeting and to authorize Wolfe/Mason to proceed
with the preparation of plans for the fourth option. vary-'amelea also suggested that
Burke be included in the entrances to Town. Tryon (AMENDED BY COUNCIL 2/7/90)
7.2 Planning Periods and Procedures
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to retain the appeal period of ten days after
the decision, direct the City Attorney to draft code modifications eliminating the
requirement that an applicant tubmit a listing of property owners within 300/500 feet as
part of the appeal or other land use/zoning application process and clarifying that the
Councilmembers and Commissioners are exempt from fees when appealing a decision.
*rather than staff (AMENDED BY muNCIL 2/7/90)
January 17, 1990
�+ 6
8. NEW BUSINESS
8.1 Funding Request for FY 1990-91 for Hazardous Waste Management Plan
Implementation
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to support funding for the Hazardous
Waste Management Plan Implementation for fiscal year 1990-91 in the amount of
$6,600.
8.2 Request from Supervisor Dianne McKenna for Support of AB939 Cleanup
Legislation (reorganization of state solid waste management and planning
practices)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to direct staff to write a letter supporting
the cleanup legislation for AB 939.
8.3 June 5, 1990 General Municipal Election
lw
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to adopt Resolution #8-90 ordering and
calling a General Municipal Election to be held in the Town of Los Altos Hills on June
5, 1990; Requesting the Services of the Registrar of Voters; Requesting Consolidation of
Elections and Specifying Certain Policies and Procedures for the Consolidated Election,
and providing for giving notice of election.
8.4 Records Management Proposal
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to adopt Resolution #9-90 approving and
authorizing execution of an agreement with Records Systems Associates to initiate a
multiphase records management program for the Town.
January 17, 1990
�✓ 7
8.5 Restructuring of the Intergovernmental Council
PASSED BY CONSENSUS: To continue this item to the February 7, 1990 Council
meeting and to ask Mayor Pro Tem Siegel for a recommendation on the restructuring
of the IGC.
9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES
9.1 Annual Report from the Safety Committee
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously by all members present to accept the Safety Committee Report
dated 12/1/89 (on file at Town Hall).
9.2 Finance Committee
9.2.1 Report on 1989 Town Audit
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
{, passed unanimously by all members present to acknowledge and accept the 1989 Town
Audit and to thank everyone involved who worked on it.
9.2.2 Recommendation on Travel Authorization and Expense
Reimbursement Policy
Council had before them a policy proposed by the Finance Committee on travel
authorization and expense reimbursement.
Planning Commissioner Jones commented that he believed some of the expenses such
as mileage should be actual expenses incurred.
Mrs. Betsy Bertram, 11854 Page Mill Road, believed that a full Council should be
present before taking a vote on such an important issue.
January 17, 1990
8
\r
Mrs. Shari Emling, 11853 Murietta Lane, stated that she thought the policy should be as
clean as possible and not at all complicated. For that reason, she did not agree with
Commissioner Jones' suggestion of actual expenses for something like mileage which
would include insurance costs, wear and tear on car, etc.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and
passed by the following roll call vote to adopt Resolution #10-90 adopting a travel
authorization and expense reimbursement policy.
AYES: Mayor Casey and Councilmember Johnson
NOES: None
ABSENT: Mayor Pro Tem Siegel and Councilmember van Tamelen
ABSTAIN: Councilmember Tryon
Tryon stated that she thought it was a shame that the Town had to include in an
expense reimbursement policy that childrens' meals would not be included and she
4111, also Etiztram-a-gewirairagSpenlirmirtraWraaiciaatlay had other concerns with
the adoption of this policy. (PITMDDD BY CotiN01.2/ /90)
9.3 Report from Library Commission (Elayne Dauber)
Mrs. Elayne Dauber, Los Altos Library Commission, reported that the Woodland
Library had been expanded and painted and a new sign had been installed. Circulation
at the Woodland Library was increased. An architect had been hired to prepare
conceptual plans for the expansion to the library. The Santa Clara County Library was
paying for the preparation of these plans, the issue would go to the voters for funding
and presently they were educating the public on the needs of the library.
9.4Ad Hoc Pathway Committee -- Status of pathway master planning efforts and
call for volunteers to walk all Town paths.
Mrs. Dot Schreiner, Chairman - Pathways, Recreation and Parks Committee, stated that
they were almost finished with the legal process of showing where the paths were
located in the Town. Presently they were being marked on an address map but would
be transferred to smaller working drawings. A public walk-around was going to be
January 17, 1990
9
Council and the Planning Commission, ad advertisement would be placed in the Town
Crier and a sign-up sheet would be placed at Town Hall.
10. STAFF REPORTS
10.1 City Manager
10.1.1 Cable TV
The City Manager reported that false information was being circulated that the Town
Hall Staff was holding up the issue of the headend site for Sun County Cable. He
wanted Council to know that staff was working with Sun Country Cable and the
locations for the headend had been narrowed down to three. The matter should be
brought back to the Council in four to five weeks.
Tryon stated her concerns about the delay. She noted that the sites were being discussed
and evaluated in early December and she did not know what was causing the delay.
She believed Sun Country Cable should make a presentation at the next Planning
Commission Meeting on the headend issue.
10.1.2 Appointment of Bill Ekern as Acting City Manager, February 7-9, 1990
and Adjustment of Dates for Upcoming Council Special Sessions
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to appoint Bill Ekern as Acting City
Manager from February 7 through February 9, 1990, to change the subject of the
executive session scheduled for February 7th at 6:00 p.m. from evaluation of Council
appointees to specific code enforcement actions that are currently pending in the Town
and to reschedule the executive session on evaluation of Council appointees to 6:00
p.m. on February 21st.
10.2 City Attorney
10.2.1 Report on Noticing of Ad Hoc Committee Meetings
In response to an inquiry from Tryon, the City Attorney reported that due to recent
interpretations of Brown Act Legislation, it was clear that ad hoc committees, in
addition to other committees and commissions appointed by the Council, should
11/411100 January 17, 1990
10
notice their meetings. Such agencies as the Community Health Awareness Council
and the Santa Clara Water District were also required to post notices of their meetings
and this legal information should be shared with those agencies.
10.3 City Clerk
10.3.1 Report on Council Correspondence dated January 11, 1990
10.3.2 Calendar of City Council Meetings for 1990
Council had before them the calendar of Council Meetings, both regularly scheduled
and joint meetings with the Commission, for 1990.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to cancel the July 4, 1990 Council Meeting.
PASSED BY CONSENSUS: To cancel the October 31, 1990 Joint Meeting and the
November 21, 1990 Regular Meeting.
(. Mrs. Betsy Bertram, 11854 Page Mill Road, asked if the Council meetings had to be on
�✓ Wednesday nights and was advised that scheduling meetings on other nights of the
week would conflict with other meetings.
11. COUNCIL-INITIATED ITEMS
11.1 Request for Support of Zip Code Legislation HR 2380 & S 1214
(Councilmember Tryon)
Tryon referred to pending legislation which would provide that zip code boundaries
may be redrawn so that they do not cross the boundaries of any unit of general local
government. She reported on the history of the Town trying to get its own zip code of
this request being turned down. However, recently a part of Los Altos, including part of
Los Altos Hills, was given a different zip code. Tryon asked Council to support this zip
code legislation.
Mr. Les Ernest, 12769 Dianne Drive, reported that recently a new zip code had been
given to the mailboxes at Stanford University (an area of approximately 500 square feet)
v January 17, 1990
11
Ihr
Mrs. Shari Emling, 11853 Murietta Lane, commented on a recent conversation with
someone from Boston who noted they believed in the integrity of their city and thus
had a separate zip code.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to state their support for zip code
legislation HR 2380 and S 1214.
11.2 Ad Hoc Committee to Review Zoning Ordinance #305 (Councilmember
Tryon)
Tryon noted that in September of 1986 a sub-committee of the Council had been
appointed to review ordinance #305 for certain inconsistencies, to receive public input
and to make a recommendation to the Council regarding the issue of maximum
development area. Councilmember Dronkert and Commissioner Carico were on this
sub-committee with Tryon. Tryon was concerned then and now about the status of
older homes in the Town and in view of recent applications before the Council, she
suggested that this sub-committee be re-established. Tryon asked that this issue be
agendized for the next Joint Meeting and that former Planning Director Nancy Lytle be
asked to attend the Council meeting at which it is discussed. On a related issue, Tryon
stated that contrary to comments made, she had agreed with Planning Director
Jamison's sta££-reper4 on the Lands of Ashman.
contents (Ammo] BY OJUNCIL 2/7/90)
Mrs. Elayne Dauber, 27930 Roble Alto, stated that she was disturbed about the homes
that used every square foot of allowed developable area. She wondered if this issue
could be addressed perhaps as a disclosure of sale of the property (the maximum
development and floor area allowed on the property).
11.3 Status of Transportation/Congestion Management Issues
(Councilmember Tryon)
Tryon reported that presently three proposals were being reviewed most carefully. The
Transportation Commission had discussed this matter at their 1/10/90 meeting and the
issue would be discussed at their meeting on February 14, 1990. Tryon noted that this
would not be brought before the Los Altos Hills Council until probably March.
January 17, 1990
12
` 11.4 Reports on October 17, 1989 Earthquake
` Tryon reported on two excellent reports she had received from Mr. Malcolm Clarke, a
resident of the Town. Both were from the U.S. Geological Survey and one was entitled
'The Loma Prieta Earthquake of 10/17/89' and the other 'Lessons Learned from the
Loma Prieta California Earthquake of 10/17/89. Tryon asked that Mr. Clarke be
thanked for sending these reports and that copies be sent to members of the Council,
the Planning Commission and the Safety Committee. In addition, a copy should be
kept at Town Hall, in the Heritage House and at both branches of the library
11.5 Complaint from resident regarding Sheriff's response times.
Tryon asked that MrsrPr+r-Padersen-be-sent-aFapyof thesheri€Esaepw'4on-her.-
rnmplaint— the City Manager contact Mrs. Dna Anderson regarding this matter. (AMENDED
BY COUNCIL 2/7/90)
11.6 Council Policy on Correspondence and Outside Agencies
Tryon commented that she had discussed this matter with the City Manager in October
at which time it was suggested that certain invitations to individual Councilmembers
fir be copied to all Councilmembers as they pertained to issues of general interest to the
Council as a whole. Tryon noted that she would wait until there was a full Council
present at which discuss this policy.
11.7 Quarry Hills
Tryon noted that she had received a report from John Vidovich which addressed the
issue of the Midpeninsula Regional Open Space District and their non- compliance
with the Brown Act.
11.8 Adjournment in memory of Martin Taaffe, Jr.
Tryon asked that the meeting be adjourned in memory of Martin Taaffe, Jr. who had
recently passed away. The Taaffe family had made extensive contributions to the Town
over the years and were a tremendous help to the Town during the 1982 winter storms.
In addition, the Taaffe family had quite a history in the area and the family had played a
significant role in the history of Santa Clara County. For details of this history on the
Taaffe family, the Town Historian, Rosemary Meyerott, can be contacted.
January 17, 1990
13
11.9 Request for Appointment of a New Council Representative to the
Community Health Awareness Council (Councilmember Johnson)
Johnson reported that he had submitted his letter of resignation to the Community
Health Awareness Council as the Town's representative.
PASSED BY CONSENSUS: To direct the City Clerk to ask Councilmembers if they
would be willing to represent the Town on the Community Health Awareness Council
and to reagendize this matter for a future meeting.
*
Tryon commented that she had previously served onCHAC and although it was a
wonderful agency, she was unable to serve again at this time. *the Camamity support cnunittee
which raised funds for Ct7AC (AMENDED BY NUNCIL 2/7/90)
11.10 Recycling
Mrs. Betsy Bertram, 11854 Page Mill Road, commented they were recycling at home and
asked what the status of recycling was in the Town.
PASSED BY CONSENSUS: To agendize a report on recycling for the next Council
Meeting.
11.11 Santa Clara Valley Water District
Johnson reported that the Santa Clara Valley Water District Board had met last week
and had voted to wait until April to decide on whether or not to impose water
rationing policies.
11.12 Ad Hoc Committee on Water Issues
Johnson reported that a meeting had taken place with the representatives of the
Purissima Hills Water District and it was requested that a report on this meeting be
agendized for the next Council Meeting.
11.13 Request for Support of Los Altos Hills becoming a Global City and
payment of $500 fee (Councilmember van Tamelen)
January 17, 1990
14
gir MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to authorize Los Altos Hills becoming a
Global City, to authorize payment of$500 membership fee and to request a copy of the
organization's financial statement.
11.14 Joint Meeting Scheduled for January 31, 1990
Casey noted that Siegel and van Tamelen would not be available for the Joint Meeting
scheduled for the 31st and she suggested cancelling the meeting.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously by all members present to agendize the rescheduling of the joint
meeting for the next Council meeting.
12. ADJOURNMENT
There being no further new or old business to discuss, the meeting was adjourned in
memory of Martin Taaffe, Jr. at 9:25 p.m. to an Adjourned Regular Meeting at 6:00 p.m.
on Wednesday, February 7, 1990.
Respectfully submitted,
Patricia Dowd,City Clerk
` January 17, 1990
�/ 15