HomeMy WebLinkAbout03/15/1989 CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills , California
MINUTES OF A REGULAR MEETING
Wednesday, March 15 , 1989
cc: Reel 200 , Tr. I , Side I , 650-end; Tr. I , Side II , 001-429
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, Planning Director Sally Zeff and City Clerk
Pat Dowd
Planning
Comm: Edward Emling
Press: Mary Fortney, Peninsula Times Tribune; Don Brignolo, San
Jose Mercury
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to add the following two items to the agenda as
urgency items :
1. Consideration of resolution from the Intergovernmental Council
supporting a comprehensive drought response program
2. Request from Congressman Tom Campbell to use Council Chambers for
a community meeting on May 6 , 1989 .
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Casey and
passed unanimously to authorize the use of Council Chambers by
Congressman Campbell for a community meeting on May 6 , 1989 .
B. REPORT FROM THE PLANNING COMMISSION:
Commissioner Emling reported that the three Planning Commission items
IOW on the Consent Calendar were approved at the 3/8/89 meeting. In
addition they recommended April 13 , 1989 as the date for the Joint
Meeting with the City Council .
B. REPORT FROM THE PLANNING COMMISSION: (continued) :
Johnson suggested that the Joint Meeting with the Planning Commission
be postponed until the new City Manager was in place. Council
concurred with this recommendation.
van Tamelen asked for and received clarification of the easement on
Lands of Adkisson.
C. CONSENT CALENDAR:
Items Removed: C .1 (City Clerk) ; C. 3 .c) (City Manager) ; C.3 .d) , C. 3 .e)
and C. 5 (van Tamelen)
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed unanimously to approve the balance of the Consent Calendar,
specifically:
2 . Approval of Warrants : $29 ,011. 63 (3/10/89)
3 . Resolutions for Adoption:
a) Resolution #37-89 further amending the Town Budget for the
(kir fiscal year 1988-89
b) Resolution #38-89 accepting as completed the work of con-
struction of improvements in Sewer Assessment District No.
11 , authorizing final payment concerning such work and
directing the City Clerk to file notice of completion
f) Resolution #39-89 approving a grant application for an
Urban Stream Restoration Grant, and authorizing execution
and submission thereof
g) Resolution #40-89 approving and authorizing execution of an
encroachment permit agreement between the Town of Los Altos
Hills and Rifaat A. Dayem and Beate Dayem
h) Resolution #41-89 accepting a certain easement deed (Lands
of Sakamoto - Sherlock Road)
i) Resolution #42-89 approving and authorizing execution of an
encroachment permit agreement between the Town of Los Altos
Hills and Gordon Snedigar Construction, Inc. (Concepcion
Road)
j ) Resolution #43-89 accepting a certain executor ' s deed
( (Estate of Irma Goldsmith - Elena Road)
4 . Request for approval to close Town Hall on 3/23/89 and half day on
3/27/89 for Emergency Preparedness Training of Staff
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lir C. CONSENT CALENDAR: (continued) :
6) Actions of the Planning Commission: approved the following:
a) LANDS OF DOOCY, FILE VAR #1-89 , 2060 Old Page Mill Road ,
request for a variance to allow 2 horses on less than one
acre
b) LANDS OF ADKISSON, FILE PM #9-88 , 27673 Lupine Road,
request for a lot line adjustment
c) LANDS OF LISAC, FILE VAR #28-88, 13850 Templeton Place,
request for a variance in height and site development
permit
7) Monthly Financial Report: Informational Item
Items Removed:
1 . Approval of Minutes : March 1 , 1989
The City Clerk asked that this item be continued to the next meeting
as the minutes had not been available for Council review.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
11W passed unanimously to continue approval of the March 1, 1989 Council
minutes to the next meeting.
2 . Resolution # approving and authorizing execution of an agree-
ment providing for the allocation of capacities at the Recyclery-
Newby Island Landfill between the County of Santa Clara and the
cities of Cupertino and Los Altos and the Town of Los Altos Hills
The Acting City Manager stated that he removed this item from the
Consent Calendar in order to clarify the current position with the
County. There had been a misunderstanding between the parties involved
and the County believes it should be a signatore on the agreement with
BFI . Therefore in addition to the above agreement, the agreement with
BFI which had been approved at the 3/1/89 meeting would be brought
back to Council with an addendum to include the County as a signatore.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and
passed unanimously to adopt Resolution #44-89 approving and
authorizing execution of an agreement providing for the allocation of
capacities at the Recyclery-Newby Island Landfill between the County
of Santa Clara and the cities of Cupertino and Los Altos and the Town
of Los Altos Hills .
3 . Resolution # approving and authorizing execution of third
addendum to agreement between the Town of Los Altos Hills and Nancy
` Alexander
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C. CONSENT CALENDAR: (continued) :
van Tamelen inquired about the charges for the open-ended questions
and the amount of time billed by the consultant for time spent on the
senior housing question which Council had decided would not be included
in the questionnaire. She stated that if a contract were going to be
amended, she believed it should be brought back to the Council for
approval .
The Acting City Manager responded that there had been no additional
charges for the senior housing questions but the contract was not
specific on the issue of open-ended questions.
Casey stated that she believed the consultant went beyond the scope of
her contract . For example she attended Council meetings and did not
charge the Town for her time at these meetings . Tryon did not believe
this was a large issue before the Council but she also had not
realized that the contract would have to be amended.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed by the following roll call vote to adopt Resolution #45-89
approving and authorizing execution of third addendum to agreement
between the Town of Los Altos Hills and Nancy Alexander
AYES: Mayor Johnson and Councilmembers Casey, Siegel and Tryon
NOES: Councilmember van Tamelen
4. Resolution #46-89 exonerating and releasing landscaping bond in
connection with Lands of Tod Properties , Tract No. 8043 , ' South
Fork'
van Tamelen inquired about the maintenance of landscaping and was
advised this would be covered by a bond with the Town.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon
and passed unanimously to adopt Resolution #46-89 exonerating and
releasing landscaping bond in connection with Lands of Tod Properties ,
Tract No. 8043 , ' South Fork'
5. Request from Dr. Collinson for waiver of fees for a variance and
zoning and site development permit application (Edgerton Road)
Council had before them the Planning Director ' s staff report dated
3/7/89 which included background information on Dr . Collinson' s
application. In 1987 he was granted a variance for a carport. However ,
upon building a garage in place of the carport, his building permit
was rescinded in 1987 . Dr. Collinson had obtained a demolition permit
to remove the unapproved sections of the structure but now he wished
to apply again for a variance to allow the garage structure to remain.
4110
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C. CONSENT CALENDAR: (continued) :
A similar request had been denied by the Planning Commission in 1987
and by the Council in 1988 . It was staff ' s recommendation that the
applicant be required to pay the fees. Although the City Council , at
their meeting on 3/2/88 , had agreed to waive fees for submittal by Dr.
Collinson of an amended variance application, the variance application
being submitted by Dr . Collinson was not an amended one, but rather
the same one he applied for before.
Dr . Collinson, applicant, explained the history of his project to the
Council . He believed that he had attempted to work within the Town' s
regulations but did acknowledge some misunderstandings on his part . He
noted that when he went back to the Planning Commission with his plans
to enclose the area by putting in windows to replace the open space,
his application was turned down in part because it was visually
obtrusive to the neighbors. Dr. Collinson reported now that a
petition had been signed by the neighbors asking that the garage be
allowed to remain as it provided a screen for the debris of garbage
cans , etc.
Mr . Miguel Aymerich, 27801 Edgerton, stated that he was a neighbor of
Dr. Collinson' s and he was also an architect. He expressed his support
for the approval of the application for a garage.
MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Tryon and
passed by the following roll call vote to waive the $150 fee for Dr .
Collinson' s variance application.
AYES: Mayor Johnson and Councilmembers Casey and Tryon
NOES: Councilmembers Siegel and van Tamelen
D. PRESENTATIONS FROM THE FLOOR:
Mr. Jed Kaplan, 27950 Roble Alto, thanked the Council for putting a
stop sign at Arastradero and Purissima. He was both a bicyclist and a
driver and in both cases he believed the stop sign provided a much
safer intersection. Council noted that this stop sign had been agreed
upon for a six month period of time and at the end of this period of
time its placement would be reevaluated. Council suggested Mr. Kaplan
also express his support at that time for the permanent placement of
the stop sign.
E. PUBLIC HEARINGS:
F. OLD BUSINESS:
1. Presentation from Alexander and Associates on results of
Community Survey
411/
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4111/ F. OLD BUSINESS: (continued) :
Nancy Alexander, consultant , presented an overview for the Council of
the recently completed Community Opinion Survey. She commented on the
executive summary of the survey, the findings and the approach of the
survey. Ms. Alexander also highlighted some of the questions which
were asked in the survey, including the rural character of the Town,
the issue of open space, the size of the homes , the pathways and the
matter of architectural review by the Town. Ms . Alexander commented
that the survey had been very well received by the residents who were
well informed and interested in commenting on the various issues.
Mrs . Shari Emling, 11853 Murietta Lane, commented on the question
regarding bicycle paths and reported how dangerous Moody Road was
particularly on the weekends with bicyclists.
Mrs . Betsy Bertram, 11854 Page Mill Road , concurred with Mrs . Emling' s
comments and also added Page Mill , Altamont and Robleda to the list of
dangerous roads . Mrs . Bertram also noted that oftentimes the
recommendations from the Safety Committee concerning the safety of
joggers, bicyclists , etc . were not acted upon by the Council . Mrs.
Bertram inquired about the authorization to the consultant to continue
to ask the question on senior housing in the pretesting period, asked
for an explanation of certain of the appendices and requested that at
least one copy of the survey be made available as a reference copy.
Mr. Rob Hamilton, 26480 St . Francis , thanked the Council for
undertaking such a survey. He also asked how those under 18 years of
age would be treated in evaluating the results of the survey. While
those surveyed were 18 or older , Mr. Hamilton noted that many of those
using the pathways in Town were under 18 years of age.
Council thanked Ms . Alexander for her presentation and expressed their
interest in using the survey as a valuable tool for the Town. A
discussion took place on the appropriate distribution of the survey
and it was agreed that the sub-committee would review this and bring a
recommendation back to the Council at the next meeting. One of the
suggestions was the distribution to each resident of the three page
executive summary with a cover letter.
2. Los Altos Juvenile Alcohol Party Ordinance
a) Response from Captain Thomas - Sheriff ' s Department
Council had received a copy of a letter from Captain Thomas which
included the statement that he did not believe the Town also needed to
adopt a Juvenile Alcohol Party Ordinance.
van Tamelen noted that she had received comments from school officials
in Los Altos that the ordinance would not work in Los Altos if one
Lwere not adopted in Los Altos Hills .
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4111,1 F. OLD BUSINESS: (continued) :
Carol Gottlieb, 24290 Summerhill and Betsy Bertram, 11854 Page Mill
Road each addressed the Council on the seriousness of the problem of
teenage parties in the Town.
PASSED BY CONSENSUS: To send a copy of Captain Thomas ' letter to the
Safety Committee for their review and recommendation and to request
the Safety Committee to invite the following to attend the meeting at
which this matter is discussed: representatives from the Sheriff ' s
Department, the Los Altos Police Department, all of the schools in the
Town and neighboring high schools which are attended by residents of
the Town.
b) Request from Los Altos Councilmember Penny Lave for
Town representatives to attend a meeting to discuss
the feasibility of cooperative efforts by the
cities of Cupertino, Los Altos , Los Altos Hills ,
Mountain View and Palo Alto to encourage more youth
oriented events
PASSED BY CONSENSUS: To appoint Councilmember van Tamelen to represent
the Town at Councilmember Lave ' s meeting on 3/23/89 .
3 . Report from Town Historian Rosemary Meyerott on recommenda-
tions of names for the Town-owned preserve in the Dawson
subdivision
Rosemary Meyerott, Town Historian, referred to her report dated 2/4/89
on recommended names for the Town-owned preserve in the Dawson
subdivision. The suggestions included: Hale Creek Grove , Hale Creek
Preserve, Dawson Preserve and Juan Prado Mesa Preserve.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to name the Town-owned preserve in the Dawson
Subdivision the 'Juan Prado Mesa Preserve '
Council suggested that Rosemary be given a copy of the list of Town-
owned lands for future recommendations of names.
4. Request from Palo Alto for Mutual Plan/Development Review
Council had before them a request from Palo Alto for a mutual review
of plans and a land use review agreement . Reference was made to the
agreement Palo Alto had with Menlo Park and the benefit of sharing
information on land use applications of mutual concern.
PASSED BY CONSENSUS: To request the Chairman of the Planning
Commission, or his designee, and a staff member to attend such
neighboring meetings of mutual concern and to request the Mayor to
send a letter to both Palo Alto and Los Altos and the Chairman of the
Planning Commission concerning this issue and to report back to the
Council at a later meeting.
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G. NEW BUSINESS:
flew i. Consideration of suggested water use reduction guidelines
received from the Santa Clara Valley Water district
The Mayor referred to his memo dated 3/14/89 which commented on the
Santa Clara Valley Water Commission' s consideration of a model
ordinance for cities regarding the prohibition of certain water uses.
The next meeting was March 23rd and the Mayor asked Council for
direction concerning this proposed ordinance.
PASSED BY CONSENSUS: To concur with the adoption of an ordinance
prohibiting the following water uses : 1) water waste , including but
not limited to, flooding or runoff on sidewalks , streets or gutters;
2) cleaning of sidewalks , driveways, patios , parking lots , or other
paved or hard-surfaced areas; 3) use of water through a hose for
washing car , buses , boats , trailers , or other vehicles without a
positive automatic shutdown valve on the outlet end of the hose; 4)
operation of decorative fountains; 5) use of water for construction
purposes, such as consolidation of backfill , unless no other source of
water or other method can be used; 6) water waste due to broken or
defective plumbing, sprinkler, watering or irrigation systems; 7)
outside landscape irrigation during daylight hours; and 8) restaurant
water service unless upon request and to encourage positive
conservation measures .
van Tamelen noted that Dr . Perkins had suggested the formation of a
ihr citizens group on this subject and she also stated that he was an
excellent source of recommendations for water conservation. It was
agreed Dr . Perkins would be contacted after the results of the March
23rd meeting were known.
2 . Urgency Item: Resolution # supporting a comprehensive
drought response program
Council had before them a request from the Intergovernmental Council
that all the cities adopt a resolution supporting a comprehensive
drought response program as was adopted by the IGC.
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and
passed unanimously to adopt Resolution #47-89 supporting a
comprehensive drought response program.
Mrs . Betsy Bertram, 11854 Page Mill Road, introduced two exchange
students from Japan who were staying with her family for a month. The
Mayor welcomed the students . Mrs . Bertram also commended Bill Ekern
for the job he was doing as Acting City Manager and suggested he apply
for the job.
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4.,
H. OTHER BUSINESS:
1. Reports from Standing Committees :
a) Community Relations - Spirit of the Hills event
Casey reported that the Spirit of the Hills event was scheduled for
September 16th at St. Nicholas School . Historical themes were going to
be developed for each of the neighborhoods and the proceeds from the
event would be donated to the Community Services Agency Soup Kitchen.
2 . Reports from Ad Hoc Committees :
a) Quarry Hills
Tryon requested that she be replaced on the Quarry Hills Sub-
committee.
MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and
passed unanimously to appoint Mayor Pro Tem Casey to the Quarry Hills
sub-committee in place of Councilmember Tryon.
b) General Plan
`,. Siegel reported that the General Plan sub-committee had met and one of
the suggestions was the possibility of hiring a planner for one year
to work on the general plan issues . Casey asked that the committee
clearly evaluate exactly what the scope of work was for the General
Plan update .
I . STAFF REPORTS:
1. City Manager:
a) Report on Little League
The Acting City Manager reported that he had met with representatives
from the Little League before the Council Meeting. Mayor Pro Tem Casey
had also been present . He believed a general understanding had been
reached between the parties involved. A meeting was scheduled the next
day with a landscape contractor, additional garbage cans would be in
place and the drinking fountain would be fixed. The resurfacing of the
infields was a relatively inexpensive project and could be taken care
of. The Acting City Manager stated that he would continue to work with
the Little League in an effort to resolve the issues regarding the
little league fields .
2 . City Clerk: Report on Council Correspondence dated 3/10/89
van Tamelen asked that the letter received some time ago from Stephen
Sandis recommending a stop sign at Purissima and Concepcion be sent to
the Safety Committee for their recommendation.
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I . STAFF REPORTS: (continued) :
3 . City Attorney:
a) Report on Newsletters
The City Attorney reported that the Fair Political Practices
Commission was still in the process of interpreting the impact of
Proposition 73 on newsletters . However, recent decisions appeared to
allow the mailings of newsletters if certain legal requirements were
met . These included no pictures of councilmembers in such newsletters
and no listing of names . Although the passage of Proposition 73 was
still involved in litigation, the City Attorney at this time stated
that it was a matter of policy for Council to determine whether or not
they wanted a newsletter prepared.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casy and
passed by the following roll call vote to instruct the Chairman of the
Community Relations Committee to proceed with the preparation of a
Town Newsletter and to request the City Attorney to relay the legal
restrictions to the Chairman.
AYES: Mayor Johnson and Councilmembers Casey, Siegel and
van Tamelen
NOES: None
ABSTAIN: Tryon
It was also noted that Tryon and van Tamelen served on the Town
Newsletter sub-committee and the newsletter would be reviewed by said
sub-committee before it was printed.
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 (4/13/89
recommended date from the Planning Commission)
It was agreed to continue this item until the new City Manager was in
place .
b) Casey: Council attendance at Planning Commission
Meetings
Casey referred to a memo the Mayor had sent to the City Attorney on
the issue of Councilmembers attending Planning Commission Meetings .
Tryon stated that she understood it was voluntary on the Council ' s
part but she expressed her appreciation of the Commissioner ' s
attendance at Council Meetings . van Tamelen noted that the policy of a
Councilmember attending Planning Commission Meetings had been
411, established several years ago.
3/15/89
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I . STAFF REPORTS: (continued) :
PASSED BY CONSENSUS: To agendize Council attendance at Planning
Commission meetings for the next Council meeting.
c) Johnson: Quarry Hills Reclamation Plan
Johnson reported that he and the Acting City Manager had attended the
3/2/89 County Meeting on the Reclamation Plan. At that time he had
suggested the County adopt the recommended condition of approval as
agreed upon at the last Council Meeting. The Mayor was advised however
that if the Town annexed the Quarry, the Town would have complete
control of the reclamation plan and therefore the proposed condition
would be redundant .
d) van Tamelen: Board of Supervisors Meeting: 4/4/89
van Tamelen stated that the Board of Supervisors would be meeting on
4/4/89 and she believed the Town should be represented. It was noted
that they would be discussing the negative declaration at that
meeting, not the reclamation plan, and the Acting City Manager would
be attending. Casey also noted that the Board at that meeting would be
hearing the appeal of the County' s Planning Commission' s approval of
the house on Moody Road.
e) Appointment of Youth Commissioner
It was agreed that this appointment would be noted on the Agenda
Digest in the Town Crier and interested residents would be asked to
contact Town Hall for more information. It was further noted that the
age of the Youth Commissioner would be clarified as there was some
discussion that the Youth Commissioner would be a teenager. If this
were the case, the local schools would be notified.
f) Siegel : Quarry Hills Project
Siegel noted that the Quarry Hills Project should be agendized for the
next meeting as the 90-day continuation for this project would expire
before the second meeting in April .
g) Siegel : Cable TV
Siegel also noted that a report on cable tv from Sun Country Cable
should be on the next agenda.
h) van Tamelen: Peninsula Division Meeting
van Tamelen stated that she was unable to attend the Peninsula
Division Meeting on March 30th. Johnson stated that he planned to
attend.
v
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J. ADJOURNMENT:
There being no further new or old business to discuss , the City
Council adjourned at 10 : 00 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
lbw
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