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HomeMy WebLinkAbout11/15/1989 (2) Minutes of a Regular Meeting Town of Los Altos Hills City Council Meeting Wednesday, November 15 , 1989, 7:15 P.M. Council Chambers, 26379 Fremont Road cc: Ree1206, Tr. I, Side II, 77-end, Tr. II, Side I, 001-353 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, Siegel, Tryon and van Tamelen Absent: None Staff: City Manager Thomas Frutchey; Acting City Attorney Charles Sellner; Director of Public Works Bill Ekern; Planning Director Ann Jamison; and City Clerk Pat Dowd Press: Mary Fortney, Peninsula Times Tribune 2. APPOINTMENTS AND PRESENTATIONS 2.1 Committee Appointments: Community Relations Committee: (2 openings) Environmental Design & Protection (1 opening) Pathways Recreation and Parks (1 opening) Council had received one application for the Community Relations Committee from Cheryl Aymerich, one application for the Pathways Recreation and Parks Committee from Mark Burhenne and two applications for the Environmental Design and Protection Committee from Stephen Gaither and Jean Struthers..* Presently there were two vacancies on the Community Relations Committee, and one vacancy on each of tar the other committees noted above. "Mr. Gaither had removed his name frau consideration. (AMENDED BY MUNCH, 1/17/90) November 15, 1989 1 Mrs. Cheryl Aymerich, 27801 Edgerton and Mr. Mark Burhenne, 13571 Hill Way, each addressed the Council expressing their interest in the Town and willingness to contribute to the community by serving on one of the Town's committees. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint Cheryl Aymerich to the Community Relations Committee for a term of two years. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to appoint Jean Struthers to the Environmental Design and Protection Committee for a term of two years. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to appoint Mark Burhenne to the Pathways Recreation and Parks Committee for a term of two years. 2.2. Recycling Update (John Angin, Los Altos Garbage Company) frOW John Angin, General Manager - Los Altos Garbage Company, commented that Bob Nelson, Operations Manager, was also present at tonight's meeting. Mr. Angin referred to his 11/13/89 letter to the City Manager which included a status report on the survey sent out by the garbage company on recycling. The letter included certain conclusions which had been drawn from the survey: 1) There was an interest in a household recyling program in the Town.; 2) Most residents were not willing to pay for such a program.; 3) There was a definite correlation between the cost of the program and its perceived desirability among the population. and 4) There still existed a degree of ignorance among residents about recycling and solid waste collection in general. To date there had been approximately a 40% response and it appeared centralized drop-off locations was the favored option. Mr. Angin stated that it was obviously very important to continue to educate the residents regarding recycling . They were still in the process of analyzing the results of the survey and would be reporting back at a later date to the Council with the results. van Tamelen commented that she did not believe the survey adequately portrayed the recycling situation and also noted the importance of education in this area. Tryon inquired about the citizens committee and the City Manager responded that about 25 residents had answered the questionnaire in the newsletter. One meeting of this ji group had already taken place and another one would be scheduled to discuss the !r November 15, 1989 2 results of the survey. lbw Mrs. Jean Struthers, 13690 Robleda, commented on the success of both the People Who Care Recycling Center in Los Altos and the Recycling Site at Foothill College. It was agreed that Mrs. Struthers' name would be added to the list of the citizens committee on recycling. 3. REPORT FROM THE PLANNING COMMISSION Planning Commissioner Noel reported that a public hearing on the Lands of Wong was held at the 11/8/89 Planning Commisison Meeting. Their request for a site development permit for a new residence was approved. In addition the Planning Commission recommended approval of the draft full disclosure policy. Commissioner Noel also noted that the Planning Director would be reporting back on the Commission's work program. 4. CONSENT CALENDAR Items Removed: 4.2 (Tryon), 4.4. (van Tamelen) and 4.5 (van Tamelen MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to approve the balance of the Consent Calendar, specifically: 4.1 Approval of Minutes: November 1, 1989 4.3 Certficiate of Appreciation: Nancy Perakis - Environmental Design and Protection Committee 4,6 Approval of Final Map, Lands of Ridgeview Estates, Prospect Road - Resolution #126-89 approving final parcel map and approving and authorizing execution of subdivision agreement for Lands of Ridgeview Estates Items Removed: 4.2 Approval of Warrants: $133,356.37 (10/27/89) Tryon noted that there was a charge on the warrant list for $20,610.85 to Apple Computer, Inc. and she asked the City Manager for a report on the status of the computer system at Town Hall. November 15, 1989 3 MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the 10/27/89 warrant list in the amount of $133,356.37. 4.4 Adoption of Lease between the Town and Friends of Westwind -- Resolution #_ Several issues were raised by Council including the length of the lease, the amount of the rent, noise and drainage. In addition it was pointed out that perhaps the neighbors should be notified of this agenda item to allow them the opportunity to voice any concerns. Noelene Byars, President - Friends of Westwind, noted that a preference for residents of Los Altos Hills to stable their horses was stated in the lease. She also noted that although the lease proposed was for ten years, the rent could be negotiated each year. Mrs. Byars commented that a ten-year lease gave them the opportunity to do some long-range planning. Mrs. Betsy Bertram, 11854 Page Mill Road, commented on the noise issue and noted that the problems with the loudspeakers and the tractor had been resolved and there had been no recent complaints about noise. MOTION FAILED DUE TO LACK OF A SECOND: Moved by Casey to approve a five year lease with Friends of Westwind. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to authorize a sixty-day extension of the current lease with Friends of Westwind and to agendize a public hearing on the adoption of a lease with Friends of Westwind for December 20, 1989 and to notify the neighbors of said public hearing. 4.5 Approval of Rate Adjustment Agreement with Traffic Signal Maintenance -- Resolution # van Tamelen commented that the light at Stonebrook was not timed properly and suggested this be looked into by Traffic Signal Maintenance. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to adopt Resolution #127-89 approving and authorizing execution of agreement for a rate adjustment between the Town of Los Altos Hills and Traffic Signal Maintenance, Inc. November 15, 1989 4 5. PRESENTATIONS FROM THE FLOOR Mrs. Carol Phy, 25616 Moody Road, read a letter which had been sent to the Editor of the Peninsula Times Tribune. The letter addressed the Hills Watch Organization, its purposes, concerns, leadership and connection to local government. (A copy of this letter is on file at Town Hall.) Ms. Dru Anderson, 27820 Saddle Court, stated that they had waited a half hour for the Sheriff to respond to a reported incident and she believed the issue of police services should be discussed. 6. PUBLIC HEARINGS 6.1 Abandonment of Fire Access and Pathway Easement, Lands of Sullivan, Adobe Lane MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to adopt Resolution #128-89 ordering the vacation and abandonment of a certain pathway easement and a certain emergency access easement in the Town of Los Altos Hills under the provisions of the 'Public Streets, Highways and Service Easements Vacation Law' 6.2 Lands of Purissima Hills Water District, LaCresta, Requests for Variances and Site Development Permit for Construction of a Mobile Telephone Structure The Planning Director's staff report dated 11/7/89 included the notation that this request for variances and a site development permit had been referred to the City Council with no recommendation from the Planning Commission, as they could not arrive at a majority decision on the requests. The City Manager reported that he had spoken with Bill McCann, General Manager - Purissima Hills Water District, and it was not clear at this time whether or not they would rebuild the water tank on the site under discussion with GTE that had been damaged in the earthquake. The City Manager also reported that Sun Country Cable was not considering this site for a headend even if the tank were not rebuilt. Johnson disclosed that he had received a phone call from David Self, attorney for GTE, November 15, 1989 5 who had inquired how Mr. Johnson felt about the project. Johnson responded that he had not read the minutes of the Planning Commission meeting and had made no decision on the issue. Tryon commented that she had also received a similar phone cal' ancl-M asked the Acting City Attorney if t1 b eas a conflict of interest for her as she had been a longtime customer of GTE. The Acting City Attorney responded that it was not a conflict of interest. (AMENDED BY ODI1NCIL 1/17/90) Mr. David Self, attorney for GTE, stated that they leased the land from Purissima Hills Water District and that there was no intereference with any electrical radio waves in the area. Mr. Timothy Fincham, representing GTE, commented on the low power output from the structure. van Tamelen asked why the Planning Commission could not reach a decision on this request. Commissioner Noel responded that a certain number of the Commissioners felt this application was very similar to another application heard at the same meeting and that application had been denied. Therefore, they believed it only fair to also deny this application. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to approve the request for variances to the setback requirement, maximum floor area and maximum developable area allowing construction of the mobile telephone structure within the 30 foot setback on the basis of the findings listed in the 11/7/89 Planning Directors's staff report and to approve a site development permit for the structure and antenna, subject to the following conditions: 1) All equipment, antenna and structures to be placed on site shall be of nonreflective materials and will be painted to blend in with the natural environment and/or the existing tanks. Mesh antenna may be required.; 2) All existing trees on site must be preserved. Any trees destroyed or damaged will be required to be replaced with speciman trees.; 3) All wires and transmission lines will be buried.; 4) No antenna on site will be taller than the shorter of the existing water tanks.; 5) No interference with local TV or Radio reception will be allowed. Interference resulting from the development of these facilities on this site will be considered grounds for revocation of the site development permit.; 6) The top of the equipment structure shall not be taller than the embankment as it exists today.; 7) A landscape plan to be approved by staff shall be required. Landscaping to adequately mitigate this site from adjancent properties and the community shall be required.; 8) Any modification of natural drainage patterns and quantities resulting from this construction must be dealt kar with in a manner acceptable to the Director of Public Works.; and 9) It is recommended November 15, 1989 6 that perimeter fencing be retained on this site for safety reasons. 7. OLD BUSINESS 7.1 Status Report on October 17, 1989 Earthquake The Director of Public Works reported that a total of nine houses in the Hills were uninhabitable and he displayed a map showing the fault lines. van Tamelen asked for a listing of the details of each of the nine uninhabitable houses to use as a learning tool for the future. Tryon suggested an analysis be made of the the construction and geologic data for the damaged homes. It was also suggested that fissure information be induded in the next newsletter. Betsy Bertram, 11854 Page Mill Road, asked if a resident had a fissure could they grade to correct it and suggested information on this be included in the newsletter. She also suggested that it be recommended that residents talk to staff about construction, repairs, what to look for, etc. Mrs. Bertram further commented that it was her understanding that the deadline for FEMA was the end of December. The City Manager reported that one resident had expressed concerns about the Town not picking up demolition costs. Council noted that these requests should be considered on a case-by-case basis. Mrs. Theresa McDaniel, 10417 Lone Oak Lane, asked if structural engineers signed off on the drainage of a project and she was advised that they do. 7.2 Rescission of Requirement for Pathway Dedication, Lands of Carse, Taaffe Road, Request for Reconsideration of Item by Applicant Mrs. Sandy Carse, applicant, stated that she believed having a pathway on three sides of their property was an invasion of privacy. They had not accepted the condition and believed it was an issue of cost and liability. She asked that Council reconsider this matter. Mrs. Dot Schreiner, Chairman - Pathway Parks and Recreation Committee, showed the Council a map with the path on it and explained why it was an important path to the Town. Mrs. Betsy Bertram, 11854 Page Mill Road, commented that if it was dedicated pathway, 1► November 15, 1989 7 the owner was not liable, nor was the Town. One used the paths at their own risk. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by van Tamelen and passed unanimously to accept the staff's recommendation to defer this item until the full analysis of the pathway system was completed; to allow the Carses to continue with their projects with the understanding that no release of final building deposits would occur until a decision had been reached regarding the easement requirement; to to request a legal opinion from the City Attorney on offers of dedication on subdivisions; and to request a recommendation from the Pathways Sub-Committee. In addition, Council asked the City Attorney for an update on the issue of the Town's liability. 7.3 Tentative Map Extension, Lands of McCulloch, Tentative Map #4-88, Stonebrook Avenue, Prospect Council had before them the Planning Director's staff reports dated 10/27/89 and 11/14/89. Included in this material was the notation that Council had considered a time extension request on the Lands of McCulloch at their 9/20/898 meeting and had referred this item to the Planning Commission for reexamination of the tentative map and conditions of approval. An ad hoc committee had been established to review this law matter and the reports included certain added and amended conditions by both the Commission and staff. (AMENDED BY WUNe1L 1/17/90) Mr. Robert Saxe, applicant's attorney, addressed these reports and noted that they had concerns about several of the proposed conditions particularly those addressing restrictions on maximum floor area and maximum developable area; height and the proposed wording of the deed restriction for lots 13/14. 17, 18, 19, 20, 21 and 26. Mr. Warren Whaley, applicant's engineer, addressed the building sites of certain of the lots and the difficulties imposed by certain of the proposed conditions. Dr. Ibrahim Saah, 12000 Stonebrook Road, referred to his letter dated 10/30/89 which asked for additional height restrictions on certain lots and also asked that the new subdivision road be constructed outside their recorded easement in the front of their property. Mrs. Betsy Bertram, 11854 Page Mill Road, asked if there were conditions, covenants and restrictions (CC&Rs) for this subdivision and, if so, could the Town receive a copy. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and November 15, 1989 8 passed unanimously to establish the expiration date of the tentative map for Lands of McCulloch as September 29, 1990. MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to approve the following additional conditions to the Lands of McCulloch tentative map: 5.a) The developer shall further dedicate a pathway easement within the panhandle of Lot #8 to provide pathway access between the pathway along I-280 and the bulb end of Priscilla Lane to the satisfaction of the Town's Pathway and Recreation Committee. Condition 40.6 was amended to read as follows: 40.6 In order to maintain and protect the environment, an inventory of all trees on this subdivision which are 20" circumference at 4' shall be made by a qualified tree surgeon and the need for trimming, cabling and other protective steps shall be reported to the Director of Public Works. Subdivider shall perform the work prior to recordation of the final map or bond to insure that this work is done. 43.b)The maximum elevation of any structure on Lot #17 shall not exceed elevation 531, as referenced to the tentative map. A deed restriction approved by the Town shall be recorded simultaneously with the final map noting this restriction, or a note shall be made on the final map that is acceptable to the surveyor. All other code requirements shall continue to apply. The maximum elevation of any structure on Lot #26 shall not exceed elevation 540, as referenced to the tentative map. A deed restriction approved by the Town shall be recorded simultaneously with the final map noting this restriction, or a note shall be made on the final map that is acceptable to the surveyor. All other code requirements shall continue to apply. 52 A deed restriction approved by the Town shall be recorded simultaneously with the Final Map noting that height restrictions have been placed on Lots 19 and 20. Specifically, the restrictions are that no portion of any structure shall measure more than ten (10') feet above the grade of the new subdivision road, as referenced to the centerline of that road. Alternatively, a note shall be made on kor the final map that is acceptable to the surveyor. All other code requirements November 15, 1989 9 lhavr shall continue to apply. This limit is subject to variance for exceptional circum- stances/design in accordance with the Town Zoning Ordinance. 53. The maximum elevation of any structure on Lot #18 shall not exceed elevation 540, as referenced on the tentative map. A deed restriction approved by the Town shall be recorded simultaneously with the final map noting this restriction, or a note shall be made on the final map that is acceptable to the surveyor. All other code requirements shall continue to apply. This limit is subject to variance for exceptional circumstances/design in accordance with the Town Zoning Ordinance. 54. A note shall be made on the final map and a deed restriction recorded to the satisfaction of the Town relating to Lots 13/14, 17, 18, 19, 20, 21 and 26 that says: "Town of Los Altos Hills ordinances and policies relating to preservation of natural land form, limits on grading and view/hillside preservation affect this lot. Maximum developable area and maximum floor area numerically allowed may be restricted by the Town through the Site Development process. The prospective property owner is encouraged to discuss the constraints on this parcel with the Town Planning Department and carefully consider them in all aspects of planning for the development of this lot." 55. A landscape screening plan shall be prepared to provide mitigation for any and all improvements related to the construction of noise mitigation measures. At a minimum, the plan shall include native trees, shrubs and groundcover designed such that there are plantings that will provide immediate visual relief while allowing for the long-term growth of mature trees and shrubs. The plan is to be reviewed and approved by the Town's Environmental Design and Protection Committee, who may require approval by the Planning Commission. 56. A letter must be submitted to the Town analyzing the impact of the October 17, 1989 earthquake on the soil and geotechnical conditions on this property. 57. All water lines in the development shall be looped to the satisfaction of the Fire Marshall. 7.4 Full Disclosure Policy MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to adopt Resolution #129-89 relating to disclosure of contacts November 15, 1989 10 with Councilmembers and Planning Commissioners and Information received bit outside of a public hearing. 7.5 Request for Extension of Tentative Map -- Lands of Quarry Hills Mrs. Betsy Bertram, 11854 Page Mill Road, asked what would happen to the application if the lawsuit concerning the creek was still going on in March? MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Casey and passed unanimously to approve a ninety day extension to March 6, 1990 for consideration of the tentative map for Lands of Quarry Hills 8. NEW BUSINESS 8.1 Reimbursement Agreement with Gerard and Lambert, Inc. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to continued consideration of this item to the next meeting as Mr. Lambert had been unable to attend tonight's meeting. lor 9. REPORTS FROM COMMITTEES AND SUB-COMMITTEES 9.1 Report on Current Chairmen of Standing Committees Council had received a report from the City Clerk which stated that the following committees had re-elected Chairmen: Community Relations -- Co-Chairmen Marcia Vincent and Ginger Summit; Environmental Design and Protection Committee -- Theresa McDaniel; Pathways Recreation Parks Committee -- Mrs. Dot Schreiner and Roads and Drainage Committee -- Mr. William Downey. The Finance and Safety Committees plan to schedule the appointment of a chairman at their next meetings. 9.2 Pathway Sub-Committee van Tamelen reported that the Pathway Sub-Committee had met the previous week and the work of the committee was progressing quite well. The next meeting was scheduled for November 21, 1989. 9.3 Town Hall Master Plan Sub-Committee i`„ Johnson reported on the recent meeting of this committee. It was pointed out that a November 15, 1989 11 new design was being worked on for Town Hall. Prior to the proposed plans going back to Wolfe Mason and the Council, input was being requested from a building expert. 10. STAFF REPORTS 10.1 City Manager 10.1 Setting Dates for Future Study Sessions, Special Meetings, etc. The City Manager noted that there were several issues which needed discussion and decision by the Council and he suggested that the most efficient method of doing this would be the scheduling of additional meetings, study sessions, etc. Some of these issues were: evaluation of Council appointees, code adherence, subdivision process and the presentation by Michael Freedman. The Council agreed to schedule a special meeting for 6:00 p.m. on January 3rd to discuss the prioritization of objectives and to schedule future meetings. It was further agreed that a special meeting would be held on January 17, 1990 before the regularly scheduled Council meeting to discuss the evaluation of Council appointees. 10.1.2 Sound System PASSED BY CONSENSUS: To appoint Bob Johnson to work with staff on the sound system for Council Chambers. 10.1.3 Historical Society MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to add the request from the Historical Society to use Council Chambers for a meeting as an urgency item. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to approve the request from the Historical Society to use the Council Chambers for a meeting on December 3, 1989. 10.1.4 Volunteer Awards Luncheon PASSED BY CONSENSUS: To authorize the payment of costs for any staff member November 15, 1989 12 who wished to attend the Volunteer Awards Luncheon on December 1st. 10.2 City Attorney 10.2.1 Status Report on Attorney Services for the Town The City Manager reported that Marc Hynes had been the Town's Acting City Attorney since Mr. Gillio's illness and David Schricker's law firm had been providing legal representation at the Council meetings. Mr. Gillio was doing quite well and may return to work in early December. 10.3 City Clerk 10.3.1 Report on Council Correspondence dated November 9, 1989 11. COUNCIL-INITIATED ITEMS 11.1 Report on the November 9 Council Study Session 4111/ Council noted that they had received the notes prepared by the City Manager on the team building session commented that they were quite well done. van Tamelen commented that she was confused about the team building session. She believed standards had been set and the Mayor should be judged by those standards. Regarding her motion concerning the Mayor which had been tabled at an earlier meeting, she inquired whether or not this motion would be reconsidered. Siegel stated that he thought the team building session had been productive. He would not change his earlier vote on the tabled motion nor would he support reconsideration. Tryon supported van Tamelen's statement. Several issues of concern had not been addressed at the team building session which was an open meeting rather than a closed session for matters of personnel. Mrs. Shari Emling, 11853 Murietta, stated that she thought it was a disgraceful era in the Town. The ceremonial title of Mayor was being misused and it was time to take reponsibility for either being accountable to the residents or not. L November 15, 1989 13 11.2 Creation of an Ad Hoc Committee on Trees (Mayor Pro Tern Siegel) PASSED BY CONSENSUS: To appoint Bob Johnson, William Siegel, Brenda Butner and Ruth Buneman (members of the Environmental Design and Protection Committee) to an Ad Hoc Committee on Trees. 11.3 Creation of a Heritage Sub-Committee (Councilmember van Tamelen) PASSED BY CONSENSUS: To appoint Dan Alexander, Elizabeth Peers (members of the Historical Society) and van Tamelen to a Heritage Sub-Committee to help Rosemary Meyerott, Town Historian, make decisions regarding the Town's historical collection and to make recommendations regarding the role of the Historical Society in such activities as helping to maintain Town files, holding office hours, circulating books, exhibiting material in the Council Chambers, and the possible establishment of an Historical Commission. 11.4 Proclamations for 'Adoption Week' and 'California Family Week' MOTION SECONDED AND CARRIED: Moved by Siegel, seconded by Johnson and passed unanimously to add the issuance of proclamations for Adoption Week and Ibv California Family Week to the agenda as an urgency item. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen and passed unanimously to proclaim the week of November 19-25, 1989 as both 'Adoption Week' and 'California Family Week'. 11.5 Thanksgiving Party It was noted that a Thanksgiving Party would be held November 21, 1989 at the Mayor's home for members of the Council, Planning Commission and staff. 11.6 Christmas Party The City Manager suggested having the first annual Town-wide Christmas Party on Thursday, December 21, 1989 at Town Hall. There would be the lighting the of the Town tree, refreshments, hayrides for the children and gift giving. van Tamelen noted that this event should not conflict with Westwind Barn's Christmas Party but Bob Stutz commented that that party was scheduled for December 10th. November 15, 1989 14 Dru Anderson, 27820 Saddle Court, endorsed the idea of a Christmas party. PASSED BY CONSENSUS: To authorize the City Manager to proceed with planning a Town Christmas Party and to work with the Community Relations Committee. 12. ADJOURNMENT There being no further new or old business to discuss, the City Council adjourned at 11:25 p.m. to an Adjourned Regular Meeting on Wednesday, November 29, 1989 at 5:00 p.m. in the Council Chambers. Respectfully submitted, 416, Patricia Dowd City Clerk November 15, 1989 15