HomeMy WebLinkAbout02/15/1989 (2) CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
Wednesday, February 15 , 1989
cc: Reel 199 , Tr. II , Side I , 082-end, Tr. II , Side II , 001-201
Mayor Johnson called the Regular Meeting of the City Council to order
at 7 : 15 p.m. in the Council Chambers at Town Hall .
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present : Mayor Johnson and Councilmembers Casey, Siegel , Tryon
and van Tamelen
Absent: None
Staff: Acting City Manager Bill Ekern, City Attorney Frank
Gillio, Engineering Consultant Sam Nash, Planning
Director Sally Lyn Zeff and City Clerk Pat Dowd
Press : Don Brignolo, San Jose Mercury; Mary Fortney, Peninsula
Times Tribune
B. APPOINTMENT TO SAFETY COMMITTEE AND TO ENVIRONMENTAL DESIGN AND
PROTECTION COMMITTEE: �—
Council had before them one application for the Safety Committee and
one for the Environmental Design and Protection Committee . A
discussion took place as to whether or not there was actually a
vacancy on the Environmental Design and Protection Committee although
one had been advertised. It was noted that the size of this committee
had been increased at one time but with the notation that the increase
would only be in effect until a new vacancy occurred. The resolution
establishing the committees had not been amended.
Mr. William Stahl , 26900 Alejandro Drive , addressed the Council and
noted his interest in becoming involved in local government by serving
on the Safety Committee.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to appoint William Stahl to the Safety
Committee for a two year term.
Mrs. Edwina Comiso, 27933 Briones Way, commented that she had attended
City Council and Site Development Meetings and was interested in the
Environmental Design and Protection Committee. Mrs . Comiso also noted
Olt that she had the time to devote to serving on this committee.
B. APPOINTMENT TO ENVIRONMENTAL DESIGN AND PROTECTION COMMITTEE -
(continued) :
Mrs. Ruth Buneman, member - Environmental Design and Protection
Committee , noted that while the committee had their monthly meetings
in the evening, they also attended Site Development Meetings which
were held during the day and took field trips .
PASSED BY CONSENSUS: To continue this item to the next meeting to
allow for comment by the Chairman of the Environmental Design and
Protection Committee on the structure of the committee.
C. REPORT FROM THE PLANNING COMMISSION:
Commissioner Carico reported that the following items were discussed at
the 2/8/89 Planning Commission Meeting: 1) Lands of Chan - request for
a variance withdrawn by applicant; 2) Lands of Shadan - conditional
development permit and site development permit granted; and 3)
recommendations made regarding road right-of-way.
D. CONSENT CALENDAR:
Item Removed: D. 1 (12/20/88 and 1/9/89 minutes) (Tryon)
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to approve the balance of the Consent Calendar,
specifically:
1. Approval of Minutes : February 1 , 1989 (Regular Meeting)
2 . Approval of Warrants: $50, 958.04
3. Resolutions for Adoption:
a) Resolution #23-89 establishing the position of Youth
Commissioner for the Town of Los Altos Hills
b) Resolution #24-89 approving final parcel map and
approving and authorizing execution of subdivision
agreement for the Lands of Lotus Investors
c) Resolution #25-89 accepting a certain deed (Purissima
and Concepcion)
d) Resolution #26-89 rescinding award of contract for con-
struction of miscellaneous storm drains , and approving
settlement and authorizing execution of ' Release and
Exoneration of Performance Bond' and exonerating and
discharging faithful performance bond
_2_ 2/15/89
D. CONSENT CALENDAR (continued) :
e) Resolution #27-89 determining that the work required to
complete construction of miscellaneous storm drains needs
to be performed immediately on an emergency basis , and
authorizing the entering into of a contract therefor
(Vick' s Pipeline, Inc. )
f) Resolution #28-89 approving and authorizing execution of
a sewer agreement between the Town of Los Altos Hills
and Jack F. Elmberg and Carol A. Elmberg and ordering
recordation thereof
g) Resolution #29-89 stating support of the uniform toxic
gas ordinance as proposed by the Intergovernmental Council
Item Removed:
1. Approval of Minutes : December 20 , 1988 and January 9 , 1989
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to approve the minutes of the December 20 , 1988
meeting with the following corrections : page 2 , second paragraph,
third sentence should read: ' Tryon stated that she had visited the
411100 site not in the company of the developer . . . ' ; page 5 , first
paragraph, second line, the words ' heard about ' should be replaced by
' proposed' and to approve the minutes of the January 9 , 1989 meeting
with the following correction: page four, fourth paragraph, the word
'done' in the second sentence should be changed to ' required' .
E. PRESENTATIONS FROM THE FLOOR:
Brad Lyman, President of the Little League , presented a proposal to
the Council asking the Town to financially assist the Little League in
the repair and maintenance of the fields . Because of the Little
League ' s schedule which was due to start soon, he was asking the
Council to give this request immediate consideration.
Councilmembers noted that they did not believe this matter should be
added to the agenda as an urgency item. Background information was
needed and careful consideration should be given to the request for
such a financial obligation on the part of the Town.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to agendize the request from the Little League for
financial assistance on the March 1 , 1989 agenda.
IMI
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E. PRESENTATIONS FROM THE FLOOR: (continued) :
Dr . Howard Martin, 11666 Dawson Drive, addressed the Council
concerning the 2/2/89 County Meeting on the Reclamation Plan for Neary
Quarry. The negative declaration was discussed at that meeting and was
continued to the 3/2/89 meeting to determine the groundrules . Dr .
Martin reported that on 2/14/89 a group in Los Altos had filed a suit
requesting that the negative declaration be reconsidered and Green
Foothills and the Sierra Club had both filed complaints . In addition
Senator Morgan had stated that due to the drought situation there was
no way the State could allow the appropriation of the water for the
lake. Dr . Martin strongly suggested that the Town be represented at
the 3/2/89 meeting. Dr . Martin also stated that the bypass of water
around the Quarry was not working and he asked that this matter be
agendized for the March 1st meeting.
PASSED BY CONSENSUS: The Mayor and Acting City Manager will attend the
3/2/89 County Meeting.
F. PUBLIC HEARING:
1. LANDS OF ESHNER, FILE TM #8-88 , Altamont Road, request
for approval of tentative map and negative declaration -
Resolution approving tentative map
Council had before them the Planning Director ' s report dated 2/7/89 .
Regarding the conditions of approval for the tentative map, the
Planning Director noted that condition #5 should read as follows to
correctly reflect the recommendations of the Planning Commispion: ' The
applicant shall dedicate to the Town of Los Altos Hills a 15-wide
pathway easement from the end of Eshner Court along the northern
boundary of Parcel 1, along the 40 ' contour , to the western boundary
of Parcel 1, to connect with the existing pathway easement on the
Lands of Quilici. The Final Map shall reflect this easement. This
dedication shall be accepted by the Town only when Parcel 3 is sold. '
Paul Nowack, applicant ' s engineer, commented that there were certain
conditions they were not in complete agreement with, specifically
regarding the public road, the conservation easement and the pathway.
For security reasons they wanted all of the three lots on a private
road and for privacy reasons they did not want the path on parcel one
as recommended. The requirement for a conservation easement was not
equitable in their opinion.
Marc Kaufman, Chairman - Planning Commission, commented on the
recommendation of requiring the dedication of the pathway but not
using it while the current owner was living on the property. He also
noted that the Town did not support secured enclosures . While he
understood the need for privacy in the near term, he believed that
41, when the third lot was built , it should be public.
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F. PUBLIC HEARING: (continued) :
/00
Bob Stutz , member - Pathways , Recreation and Parks Committee; Mary
Stutz , Planning Commissioner; Dot Schreiner, Chairman - Pathways ,
Recreation and Parks Committee and Jean Struthers , 13690 Robleda each
addressed the Council regarding the location of the pathway. It was
noted that access to Chaparrel would be difficult because it was
private. It was also noted that this pathway was an important
connection in the Town' s pathway system and the owners of land in the
area were aware of such a path when they purchased the property. Dr.
Philip Dauber, member - Pathways, Recreation and Parks Committee,
stated that he believed it was quite important to connect the two cul-
de-sacs . It was critical to the circulation in the Town and important
for the children to be able to use such a connection.
Mr. Leo Quilici, 27350 Julietta Lane, referred to his letter dated
2/13/89 to the Council in which he expressed his concerns and that of
his neighbors , the Spohrs, to the proposed extension of the pathway
through the Eshner property to connect with Altamont Road. He
explained to the Council his reasons for his request that the pathway
currently in place between the Quilici and Spohr properties not be
extended further through the Eshner property. His reasons were
privacy, security and safety.
Mr. Richard McGowan, applicant ' s attorney, addressed the Council on
the recommended conditions of approval which were of concern to his
client. Specifically, the issues were privacy and safety. Council had
received a letter from his client in which she referred to her
handicap and her great concerns for her privacy and security. She had
lived on the property for thirty five years and this was not a sixteen
lot subdivision before Council . It was a three lot subdivision with
the possibility of six additional lots with the remaining land
remaining untouched. Regarding the proposed pathway, he believed there
should be a balance between the right of the owner and the purpose of
the pathway system. In response to a suggestion that his client simply
fence off Lot #3 on which she lived, he responded that she did not
want to do that for reasons of personal safety and security. Mr.
McGowan reiterated the engineer ' s comments that he did not believe the
conservation easement was necessary particularly in view of the Town' s
comprehensive landscape policy.
Mr. Peter Anewello, Carmel , stated that he had been involved in
arbitration regarding the Eshner estate and the applicant had asked
that he speak on her behalf at this meeting. He emphasized the
applicant ' s objection to the conditions regarding a public road, a
conservation easement and a pathway. He further stressed how strongly
she felt about her privacy and security.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen,
and passed unanimously to approve the negative declaration for Lands
of Eshner.
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LF. PUBLIC HEARING: (continued) :
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen,
and passed by the following roll call vote to adopt Resolution #30-89
approving tentative map of Lands of Julie Eshner, et al subject to the
conditions of approval as recommended by the Planning Commission.
AYES: Mayor Johnson and Councilmembers Siegel and van Tamelen
NOES: Mayor Pro Tem Casey and Councilmember Tryon
G. OLD BUSINESS:
1. Report and Recommendation on Road Right-of-Way Policy
Council had before them the report dated 2/15/89 from the Acting City
Manager which included the recommendation that Council adopt the
policy statement included in the report which was modified by the
Planning Commission at their meeting on February 8th. The report also
included the recommendation that the Council adopt as a policy exhibit
the Town Map labeled 'Major Roads ' .
Marc Kaufman, Chairman - Planning Commission, explained the rationale
behind their recommendations . He also commented on the few streets,
such as Moon Lane, which had a 40 ' right-of-way and had subdividable
lots at the end.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to adopt the policy statement as outlined in
the Acting City Manager' s 2/15/89 staff report with the following
change: #4 should read as follows: 'A subdivision of land, a new
residence on an existing lot or a major remodel on an existing lot
that fronts on an existing local street or short cul-de-sac shall
dedicate a half-street equal to the dedication that now exists for the
majority of the lots on the street. In no event shall the dedicated
right-of-way width be less than a 20 foot half street . '
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to adopt the Town Map labeled ' Major Roads ' as
a policy exhibit with the following additions : Chapin and Burke will
be added as major connectors .
It was noted that the City Attorney would prepare the appropriate
ordinances to reflect this policy statement. Presently the report and
the map were on file at Town Hall .
2 . Possible censure of Planning Commissioner Edward Emling ' s alleged
violation of the Town' s Land Use Voting Policy
Commissioner Emling had requested that this matter be continued to the
March 1, 1989 Council Meeting.
1600
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11100 G. OLD BUSINESS : (continued) :
3 . Procedures and Policies for Councilmembers and Commissioners
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to continue both items G. 2 and G. 3 to the March
1, 1989 Council Meeting.
H. NEW BUSINESS:
1 . Formulation of rules for contacts by Planning Commissioners and
Council-appointed Committees with outside agencies and motion to
adopt rules
Mayor Johnson referred to his memo dated 2/6/89 which included the
following proposed motion: The Planning Commission and Council-
appointed committees may not write letters , make telephone calls or
send representatives to outside agencies without prior approval of the
Council If they do any of the above they are prohibited from
claiming, directly or by implication, that they represent the Council ,
the Planning Commission, the Town staff or any Town-appointed
committee. . . Mayor Johnson referred to Commissioner Patmore' s
attendance at the 2/3/89 County Meeting on the Neary Quarry
Reclamation Plan and her reading of a letter which had been sent by
41110 the Town to the County on this issue. Mayor Johnson stated his
concerns and believed the motion before Council clearly stated the
Council ' s policy.
Marc Kaufman, Chairman - Planning Commission, commented on the Mayor ' s
proposed motion and stated that he believed a distinction should be
made between the Commissioners and Committeemembers. Regarding
Commissioner Patmore' s attendance at the County Meeting , he outlined
his understanding of what took place at that meeting and stated that
the only reading he could make of it was that there was some under the
table agreement between the Mayor and Mr. Vidovich to suppress the
letter to the County.
*See palow.
Tryon noted the hostility and recommended that this issue be continued
to the next meeting at which time the other issues regarding the
Planning Commission would be discussed.
PASSED BY CONSENSUS : To continue this item to the March 1 , 1989
Council Meeting .
2. Motion to place ballot initiative currently circulating in Town on
ballot, without waiting for initiative to qualify for ballot
Council had before them a request from Mr . Michael Wise that the
Council place the Wise/Moore/Marten initiative regarding the Neary
Quarry development on the ballot alongside the 'Citizens for
Reasonable Development ' initiative .
Mayor Johnson made the following statement: 'That is absolutely out of order. . .Mr.
Kaufman that is completely uncalled for, out of order and completely untrue and you
damn well know it. ' WENDED BY COUNCIL 3/1/89)
_7_ 2/15/89
H. NEW BUSINESS : (continued) :
Nancy Marten, 25690 Chapin Road, stated they were quite close to
obtaining the required number of signatures (close to 500 had been
received) and they planned to file the petition early next week. They
would appreciate the same consideration as that given to the
circulators of the other petition.
Council discussed the petition before them and Siegel expressed
concerns about certain legal ramifications of said petition. The
timing for placing issues on the June 6 , 1989 ballot was discussed and
the possibility of continuing this ballot initiative to the March 1st
meeting which would still be within the time period to get it on the
June 6th ballot.
Jean Struthers , 13690 Robleda, asked the status of their petition and
when it would come before the Council . She was advised that it had
been certified and would be on the March 1, 1989 Council agenda. She
commented on the apparent delay in scheduling this item and was
advised that it was being agendized within the appropriate timeframe.
Mrs. Ellen Wise, 24301 Elise Court, did not agree with the Council ' s
consideration of postponing this issue. By doing this she believed
they were making a political statement.
tit Mrs. Elaine Dauber, 27930 Roble Alto, commented on the reference to
' sensitive ridge ' in the petition currently being circulated in the
Town. In her opinion it was misleading to those who were signing the
petition.
PASSED BY CONSENSUS: To continue this item to the first meeting in
March and to also consider at that time the placement on the ballot of
an advisory measure by the Council .
3. Request from Russ Carter for a Special Meeting of the City Council
to approve Lands of McCulloch Final Map
Russ Carter, applicant, commented on estate requirements and the
bonding requirements and also on the coordination of efforts with
the improvements of the nearby subdivision. It would be a great help
if the Council would concur with their request for a special meeting
the following week so that their project could move ahead.
PASSED BY CONSENSUS: To schedule a Special Meeting for 5: 00 p.m. on
Tuesday, February 21, 1989 to discuss the following items from the
agenda before Council : Items H.3 , H. 4 and Item K.
ihr
_8_ 2/15/89
H. NEW BUSINESS: (continued) :
lir
4. Intercity cooperation in Santa Clara County: Request from Los Altos
Councilmember Penny Lave for Council comments on the following:
a) Should we , as county cities, work toward consolidating our
intercity cooperation efforts into one organization?
b) Are cities willing to provide financial support, in the
form of dues , to appropriately staff an organization?
This item was continued to the Special Meeting scheduled for February
21, 1989 .
I . OTHER BUSINESS:
1 . Reports from Standing Committees :
2 . Reports from Ad Hoc Committees:
It was noted that the following subcommittees had either recently met
or would be meeting in the near future and reports would be
forthcoming: Quarry Hills , Community Survey and Westwind Barn Land
Use .
J. STAFF REPORTS:
1. City Manager:
a) Resolution # approving and authorizing execution of
agreement by and between the City of Palo Alto and the
Town of Los Altos Hills for the improvement of a portion
of Manuela Avenue
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen
and passed unanimously to adopt Resolution #31-89 approving and
authorizing execution of agreement by and between the City of Palo
Alto and the Town of Los Altos Hills for the improvement of a portion
of Manuela Avenue
2 . City Attorney:
Casey asked the City Attorney to send a letter to the Chairman of the
Community Relations Committee stating that it was permissible for the
Town to send newsletters due to a recent interpretation of Proposition
#73 . Casey also asked the City Attorney to contact the Fair Political
Practices Commission for an opinion on the possible conflict of
interest with a husband and wife serving on a Standing Committee and
the Planning Commission of the Town. The City Attorney stated that he
would report on this at the next meeting.
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J. STAFF REPORTS: (continued) :
3 . City Clerk: Report on Council Correspondence dated 2/10/89
van Tamelen asked if the letter received several weeks ago from Mr.
Sandis concerning traffic issues had been responded to and the City
Clerk responded that he had received a response from the Town.
4 . Council Business :
a) Set date for Joint Meeting with the Planning Commission
to discuss in part a Code of Ethics , Conflict of Interest
and the Brown Act
Planning Commissioner Patmore inquired whether it would be possible to
agendize other items of concern to both the Council and the Commission
for consideration at this Joint Meeting and Commissioner Carico
commented that she thought it was important for everyone to sit down
and discuss these issues .
PASSED BY CONSENSUS: To suggest the dates of April 11, 18 or 25 to the
Commissioners for a Joint Meeting and to agendize the scheduling of a
final date for the next meeting.
lir b) Authorization for Mayor to attend League of California
Cities meeting May 11-13 , 1989
van Tamelen stated that she was interested in attending the League
Meeting scheduled for April in Monterey.
PASSED BY CONSENSUS : To authorize the attendance by any Councilmember
to attend both the April and May League Conferences.
c) Casey: Resident Input
Casey commented that she had heard that a lot of residents felt left
out as they were not included the recent survey. She suggested the
Town be divided according to voting precincts and public hearings be
scheduled in each one to hear residents ' concerns, comments , etc.
Tryon suggested holding such a hearing in one location. The Planning
Director commented that the General Plan Update would be taking place
in the near future and as one of the first steps was the scheduling of
public hearings it might be a good forum for such comments , etc.
d) Casey: Community Relations : Spirit of the Hills
Casey reported that the Community Relations Committee had met and
discussed a community event for Spirit of the Hills and the tentative
date was set for September 1989 . Everyone was excited about it
ISW and details would be forthcoming.
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J. STAFF REPORTS : (continued) :
e) Tryon: Consideration of Los Altos Ordinance regarding
teenage parties
PASSED BY CONSENSUS : To send a copy of the Los Altos Ordinance
regarding teenage parties to Captain Thomas at the Sheriff ' s Office
and to ask him to review it and comment on its applicability to the
Town.
f) Tryon: Recognition of retiring Fire Chief Sanders and
incoming Chief Dawson
PASSED BY CONSENSUS: To make a presentation to Chief Sanders and to
introduce Chief Dawson at the March 1 , 1989 meeting.
g) Johnson: Santa Clara Valley Water District
Johnson noted that he would be attending a meeting of the Santa Clara
Valley Water District the following morning.
h) van Tamelen: Weed Abatement
van Tamelen noted that the City Attorney' s office had prepared an
excellent report on weed abatement and she would like to see this
4110 issue agendized for a future meeting .
i) Maintenance Concerns
Council asked that the debris from the Town Hall sign be removed , that
the flea market sign for Foothill College on Fremont Road be removed
and that the parking sign at the rear of Town Hall be changed to read
' Staff Parking Only' .
K. CLOSED SESSION: LITIGATION: Pursuant to Governement Code Section
54957 .8 :
This item was continued to the Special Meeting scheduled for Tuesday,
February 21, 1989 at 5 : 00 p.m.
L. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 11 : 00 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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