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HomeMy WebLinkAbout03/16/1988 'V CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, March 16, 1988 *Los Altos High School cc: Reel 191 , Tr. I , Side I , 001-end (AMENDED BY COUNCIL 4/6/88', Mayor Tryon called the Regular Meeting of the City Council to order a 7: 20 p.m. in the Council Chambers at Town Hall . Mayor Tryon referred to a press release the Council had received concerning theI' Main Street Singers . She congratulated this outstanding group for being chosen by the government of Israel from among 35 other U.S. choirs to be the only group to represent the United States at Israel ' s Independence Day Celebration on April 21, 1988 at Liberty Bell Garden in Jerusalem. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Tryon and Councilmembers Dronkert, Siegel and van Tamelen (Dronkert arrived at 7 : 30 p.m. ) Absent: Councilmember Plummer Staff: City Manager George Scarborough, City Attorney Frank Gillio, Director of Public Works Bill Ekern, Planning Director Sally Lyn Zeff and City Clerk Pat Dowd Planning Comm: Judith Carico Press : Daphne Wysham, Los Altos Town Crier; Charles Halleck (free-lance reporter) B. APPOINTMENT TO THE ENVIRONMENTAL DESIGN AND PROTECTION COMMITTEE: Council had before them two applications for the Environmental Design and Protection Committee. Brenda Butner , 14565 Harvard Court and Ruth Buneman, 12655 La Cresta each addressed the Council and stated their interest in serving on this committee. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously by all members present to appoint Brenda Butner and Ruth Buneman to the Environmental Design and Protection Committee each for a two year term and to increase the number of members serving on this committee from seven to eight until such time as the next Ihr vacancy occurs . C. CONSENT CALENDAR: Items Removed: C. 1 (Tryon) , C. 6 .a) (van Tamelen) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 2 . Approval of Warrants: $93 , 525 . 79 3 . Resolution for Adoption: a) Resolution #23-88 accepting as completed the work of con- struction of the Lupine Road Storm Drain and Slurry Seal , authorizing final payment concerning such work and directing City Clerk to file the Notice of Completion 4. Proclamation declaring April 1988 'California Earthquake Prepared- ness Month' 5 . Proclamation declaring May 22-28 , 1988 as 'California Traffic Safety Week ' Items Removed: 1. Approval of Minutes: March 2 , 1988 411/ MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed by the following roll call vote to approve the minutes of the March 2 , 1988 City Council Meeting with the following corrections: page 4 , first paragraph, the word ' variance ' should be ' garage ' and page 11, item 5) , title should read: 'Complaint received by Board of Supervisors from Mr. Parise regarding Sheriff ' s Department. ' AYES : Mayor Tryon and Councilmember Siegel NOES : None ABSENT: Councilmember Dronkert ABSTAIN: Councilmember van Tamelen Councilmember Dronkert arrived. 6 . Actions of the Planning Commission: approved the following: a) LANDS OF WILLIS, FILE VAR #1-88, 26970 Arastradero Road, variance request to construct a porch roof overhang a maximum of 13 1/2 ' high in setback area; overhang to encroach into setback by maximum of 6 ' Commissioner Carico raised the subject of the fees for this project and the Commission ' s recommendation that the $1 , 000 deposit be waived as it seemed to them an excessive charge for the project undertaken. -2- 3/16/88 ilw C. CONSENT CALENDAR (continued) : Planning Commissioners Jean Struthers and Lee Patmore each addressed the Council concerning this application noting that the fees did appear to be excessive in that the variance was actually for a small peaked portion of the roof, not for replacement of the existing porch. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously by all members present to concur with the Planning Commission' s approval of the Lands of Willis , File VAR #1-88, variance request to construct a porch roof overhang a maximum of 13 1/2 ' high in setback area and overhang to envroach into setback by a maximum of 6 ' and to concur with the Planning Commission' s recommendation that the $1,000 deposit be waived and this amount be returned to the applicant as soon as possible. D. PRESENTATIONS FROM THE FLOOR: Lee Patmore, 27650 Central Drive , requested the Council to hold a public hearing on the San Antonio Hills (west) annexation issue prior to the public hearing scheduled for April 13 , 1988 by the Local Agency Formation Commission. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to add the 411/ possible scheduling of a public hearing on the San Antonio Hills (west) annexation to the agenda under New Business as an urgency item. Ken Daniel , Video Engineering, introduced himself to the Council and stated that on this date he had submitted a proposal to the Town for a cable tv franchise. Mr . Daniel explained briefly why he felt the Town entering into an agreement with Sun Country would be a mistake, in part because they would not be building a State of the Art System, and urged the Council to give his proposal strong consideration. Alma Wood, 12151 Stonebrook, asked the Council to publicize the Council agendas in the local newspapers. Mrs. Wood stated that she felt the public should be aware of the issues before the Council . E. REPORT FROM THE PLANNING COMMISSION: Planning Commissioner Carico (SEE PAGE 11) F. PUBLIC HEARINGS: G. OLD BUSINESS: 1 . Establishment of format for Special City Council Meeting scheduled for Friday, March 25, 1988 INV -3- 3/16/88 G. OLD BUSINESS (continued) : ibr PASSED BY CONSENSUS: A staff report would be prepared by the City Manager and City Attorney addressing certain issues related to Measure B; Council would direct questions to staff and would then take statements from those in attendance who wished to speak on the subject. 2 . Ordinance # amending Chapter 5 entitled 'Flood Damage Prevention Ordinance ' of Title 7 of the Los Altos Hills Municipal Code. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously by all members present to adopt Ordinance #320 amending Chapter 5 entitled ' Flood Damage Prevention Ordinance ' of Title 7 of the Los Altos Hills Municipal Code. H. NEW BUSINESS: 1 . Dr . Howard Martin: report on changes to Hale Creek Dr. Howard Martin, 11666 Dawson Drive, presented a report to the Council on the changes of Hale Creek. This report included a brief history of Hale Creek and addressed the issue of riparian rights - authority and enforcement. Dr. Martin also presented a series of photographs which depicted the changes in Hale Creek. Dr. Martin stated his strong concerns about the changes to Hale Creek. In his opinion it was drying up and would indeed be lost if something was not done to correct the situation. It was a question of ' riparian rights ' and the enforcement of those rights. In part Dr. Martin noted that the State of California Department of Fish and Game addressed activities which alter stream flows and/or create contamination and the State of California Water Resources Control Board, Division of Water Rights, addressed the impounding and use of creeks and streams . This agency usually superceded local jurisdictions and referred uncorrected problems to the State Attorney General for prosecution. While noting that the County, and not the Town, was the lead agency for the quarry' s reclamation plan, Dr. Martin did state that if a complaint was filed with the California Water Resources Control Board, they would be obligated to follow up and investigate the complaint and could refer it to the Attorney General ' s office if necessary. Dr. Martin strongly suggested that anyone with concerns contact the appropriate State agency. -4- 3/16/88 H. NEW BUSINESS (continued) : John Vidovich, DeAnza Properties, stated that he purchased the quarry property about one year ago and does not think that anything is being done any differently now than it has been for the last twenty years. A reclamation plan has been filed with the County and a lake management report has been prepared. Mr. Vidovich commented that it had been a very dry year and he certainly wanted to cooperate with the Town. He had recently met with Dr. Martin and they had walked the quarry property and Hale Creek area and had discussed their concerns. Mr. Harry Emerzian, 11670 Dawson Drive; Mr. Alan Brauner, 11623 Dawson Drive and Roman Rycerz, 11665 Dawson Drive each addressed the Council stating their concerns about the changes to Hale Creek and the lack of water in the creek. Mr. Rycerz stated he would like to see a pumping schedule from the quarry. Mr. David Proft, 26271 Moody Road, commented that he had been on the Council when the Dawson subdivision was approved and the Town had a responsibility to see that the Town-owned open space (as required in that subdivision agreement) was preserved. Mr. Doug Gordon, Los Altos , asked how the level of the lake would be maintained in the future and stated his concerns for the residents downstream. C Siegel thanked Dr. Martin for his detailed report on Hale Creek and noted that indeed Mr. Vidovich was responsible to correct the situation as part of the reclamation plan. van Tamelen reminded those concerned that the Town was not the lead agency and concerns should be addressed to the appropriate agencies. **(ShE BELOW) 2 . Presentation of Revised 1987-88 Budget The City Manager noted that the revised 1987-88 budget was being reviewed by the Finance Committee and he recommended continuing this matter until comments had been received from this committee. Alma Wood, 12151 Stonebrook, commented that the Senior Center may want to submit a request for financial support and questioned if this was time to make such a request. The City Manager noted that this was a revised 1987-88 budget and that the Senior Center could request financial support from next ydar ' s budget by submitting a letter to the Town. PASSED BY CONSENSUS : To continue consideration of the revised 1987-88 budget to the next Council Meeting. ** PASSED BY Q7NSENSUS: To designate Bill Ekern, Director of Public Works, to represent the Thum and to meet with Mr. Vidovich and other appropriate persons to discuss potential plans for the quarry. (AMENDED BY EDUNCIL 916/88) -5- 3/16/88 H. NEW BUSINESS (continued) : 16110 3 . San Antonio Hills (West) Annexation Lee Patmore, 27650 Central Drive, expressed concern that there would not be a public hearing held prior to the 4/13/88 hearing scheduled by the Local Agency Formation Commission (LAFCO) . She referred to the reference in the City Manager ' s report to a 'different zoning district ' and stated that there was no opportunity for public input on this important issue. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously by all members present to schedule a public hearing for Wednesday, April 6 , 1988 at the Regular City Council Meeting to discuss the San Antonio Hills (West) Annexation and to place an ad in the Town Crier to inform residents of this hearing. I . OTHER BUSINESS: 1 . Reports from Standing Committees : a) Safety 1) Recommendation regarding pedestrian crossing at Arastradero/Purissima 41111, 2) Recommendation regarding traffic speeding on Robleda between Chapin and Fremont Council had before them the minutes of the 2/23/88 Safety Committee Meeting which included the recommendations that the Sheriff ' s Department be requested to sample vehicle speed at Arastradero and Purissima (between 7: 45 and 8 : 30 a .m. ) and on Robleda between Chapin and Fremont (between 11: 30 a .m. and 12 : 30 p.m. ) Mrs . Elaine Dauber, 27930 Roble Alto, stated that her daughter had been hit by a car while using the crossing at Arastradero and in her opinion the problem was not so much speeding traffic as non-ending traffic . PASSED BY CONSENSUS: Additional attention will be paid to the area of Arastradero/Purissima and Robleda between Chapin and Fremont, including the possibility of crosswalk signs , and staff will report back to Council at a later date. 2. Reports from Ad Hoc Committees : -6- 3/16/88 CPI J. STAFF REPORTS: 1. City Manager: a) Report on legislation regarding ' no and low property tax' cities Council had before them the City Manager ' s staff report dated 3/16/88 which included background on legislation regarding ' no and low property tax' cities. Siegel asked the City Manager to find out how much the Fire District received in property tax on the dollar. It was also suggested the same information be obtained regarding the library. PASSED BY CONSENSUS: To request the Mayor send a letter to appropriate Assembly committee members supporting AB 2817 and a letter to appropriate Senate committee members opposing SB 1725 . The Mayor was also requested to send a letter to appropriate legislative committee members supporting the piece of legislation which will implement SB 709 consistent with initial interpretation, when that legislation is drafted and presented to committee. b) Change in Salary Resolution MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #24- 88 amending the salary step schedule for Town employees. The City Manager at this time introduced Sally Lyn Zeff, the newly appointed Planning Director, to the City Council . c) Budget request for professional survey -- General Plan Steering Committee Council had before them the City Manager' s report dated 3/16/88 which noted that the General Plan Steering Committee would be using a community-wide survey to help guide the development of a draft General Plan Policy Document. The Planning Commission recommended the use of a professional public opinion surveyor and staff had obtained two proposals (one for $8, 500 and one for $19 , 120) from bay area firms with experience in community surveys . The report also included the following recommendation: ' If the Council finds the use of a professional public opinion surveyor important to the General Plan development process and finds the cost to be generally acceptable, direct the City Manager to negotiate the least expensive arrangement and return with a contract at a future Council meeting. ' L -7- 3/16/88 4 J. STAFF REPORTS (continued) : Judy Zurbriggen, 11800 Murietta, read the following letter into the record: 'We, the following members of the Citizens General Plan Steering Committee, feel the minutes from the 1/14/88 meeting are incorrect for these reasons: 1) There was no vote taken to conduct either a Town-wide survey questionnaire or to pursue some other method; 2) The committee members did not make a final decision about hiring a professional survey consultant. Therefore, we feel it would be premature for the Council to budget any monies for a consultant at this time since no definite procedure had been established by the Citizens Committee. Signed: Judith Zurbriggen, Lew Throop, Rosemary Meyerott, Teddi Schick and Alma Wood. ' Dr . William Perkins , 26623 Snell Lane, supported Mrs. Zurbriggen' s comments and stated that careful consideration should be given to the matter of a professionally done survey. Dr. Perkins further commented that the committee needed direction and suggested that the minutes from this Council meeting be distributed to the committee members. Mrs. Ruth Buneman, 12655 LaCresta, suggested that the election of officers of the committee be agendized at the beginning of their next meeting so that they can begin to get organized. Councilmembers noted that while there was a fifteen member committee 4/0 willing to work on a survey, it was difficult to formulate the wording of a questionnaire by committee. However, the committee could define the issues to be addressed and their first task should be to address their goals and policies . PASSED BY CONSENSUS: To defer the consideration of expenditure of funds for a professional public opinion surveyor and to encourage the General Plan Steering Committee to meet and to organize with other groups to begin to develop issues and to determine the manner in which their goals and objectives will be met. It was also agreed that the minutes from this Council meeting should be sent to the General Plan Steering Committee. d) Cable TV The City Manager noted that a letter had been received from Councilmember Plummer concerning cable tv and it was agreed this matter would be agendized for the next Council meeting. 2 . City Attorney: a) Change in Municipal Election Date: Ordinance # ordering its General Municipal Election to be held on the same day as the day of school district elections -- outline of procedure _8- 3/16/88 J. STAFF REPORTS (continued) : PASSED BY CONSENSUS : To delay consideration of this issue for one month pending receipt of additional information, in part from the Registrar of Voters Office. b) 1988 General Municipal Election Procedure MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously by all members present to schedule an Adjourned Regular Meeting for 5 : 00 p.m. on Tuesday, April 19 , 1988 to canvass the returns of the election including the initiative measure and to install the newly elected officers . 3. City Clerk: Report on Council Correspondence dated 3/11/88 Dronkert suggested that the letter received from Mr. and Mrs. Puckett in Los Altos on the subject of the Neary Quarry be responded to by either staff or Council . It was further noted that staff was handling the letter from Mrs . Spencer concerning the street sign for Sherlock Road. 4. Council Business: a) Mayor fir' 1) T-2000 Draft Phase III Summary Report - Review and Comment PASSED BY CONSENSUS : The Mayor will send a letter to the Transportation 2000 Steering Commmittee stating the Council ' s endorsement of the implementation strategy for the Transportation 2000 Final Plan. 2) Intergovernmental Council ( IGC) - Tanner Committee Costs Tryon referred to a letter she had received from Alfred Chasuk, Chairman of the Intergovernmental Council concerning funding alternatives for the countywide Hazardous Waste Management Plan (Tanner Program) and asked for Council comment on this subject, as a recommendation from the Environmental Safety Committee was scheduled for the April 7 , 1988 IGC meeting. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously by all members present to support the combination or population alternative formulas for funding the hazardous waste management plan as opposed to the approach of dividing the total cost equally among the fifteen cities and county. -9- 3/16/88 J. STAFF REPORTS (continued) : b) Councilmembers : 1) van Tamelen: City Council - City Manager/Leadership Team Workshop May 19-21, 1988 PASSED BY CONSENSUS: To authorize a maximum of six (five Councilmembers and the City Manager) to attend the Leadership Team Workshop in May 1988. 2) van Tamelen: Transportation Commission van Tamelen referred to the letter received from Supervisor McKenna concerning the reorganization of the Transportation Commission and her request that this matter be placed on a Council agenda. Tryon reported that additional information was forthcoming and this matter would be on the next Council agenda. 3) Dronkert: Hale Creek Dronkert commented that she hoped the Council would be taking formal action on the Hale Creek issue in the near future as appropriate contact agencies were identified and additional information was made available. 11110 K. EXECUTIVE SESSION: PERSONNEL (Pursuant to Government Code Section 54957 .8 The City Council adjourned to an Executive Session for purposes of personnel at 10: 00 p.m. and reconvened at 11: 30 p.m. L. ADJOURNMENT: There being no further new or old business to discuss , the City Council adjourned at 11 : 30 p.m. to a Special Meeting at 7 : 00 p.m. on Friday, March 25 , 1988 . Respectfully submitted, Patricia Dowd, City Clerk 4011, -10- 3/16/88 Minutes from 3/16/88 City Council Meeting 411110 E. REPORT FROM THE PLANNING COMMESSION: (this section was inadvertently emitted from the 3/16/88 minutes) Planning Commissioner Carico reported that the following issues were discussed at the 3/9/88 Commission Mceting: 1) Lands of Christiansen, File VAR #35-87, - denied; 2) Lands of Willis, File VAR #1-88, approved; 3) Lands of Wong, File VAR #15-87, continued; 4) Lards of Charvez, lot #1 - O'Keefe Lane, request for appeal of Site Development conditions regarding circular driveway - denied; 5) interpertation of floor area determination for Lards of Vogel; and 6) possible rescheduling of next Planning Commission meeting to avoid conflict with L''FC0 meeting on San Antonio Hills (west) annexation. (AMENDED BY COONCT 4/6/88) 111/ -11- 3/16/88