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HomeMy WebLinkAbout04/20/1988 4r► CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California Wednesday, April 20, 1988 cc: Reel 191 , Tr. II , Side II , 140-879 Mayor Tryon called the Regular Meeting of the City Council to order at 7 : 20 p.m. in the Council Chambers at Town Hall . Mayor Tryon noted that approval of the minutes from the April 6 , 1988 Regular and Special Council Meetings had been continued to this meeting from the 4/19/88 Council meeting to allow Councilmembers the opportunity to review them. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Tryon and Councilmembers Johnson, Siegel and van Tamelen Absent: Councilmember Casey (will be sworn in 5/18/88) 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: Mary Stutz Press : Charles Halleck, free-lance reporter B. CERTIFICATE OF APPRECIATION: PINEWOOD SCHOOL - TREE PLANTING PROJECT: This item was continued to the next Council Meeting to allow representatives from Pinewood School to be present. C. CONSENT CALENDAR: Items Removed: B.2 , B. 5 .c) and d) (Siegel ) MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 1. Approval of Warrants: $39 , 575. 66 C. CONSENT CALENDAR: (continued) : 41110 3 . Proclamation honoring the 42nd anniversary of the founding of the Italian Republic and Santa Clara County' s new sister county, Florence, Italy 4. Resolutions for Adoption: a) Resolution #34-88 calling for construction bids (Sewer Assessment District No. 11) b) Resolution #35-88 authorizing and designating officers of the Town of Los Altos Hills to sign and endorse checks , warrants and other instruments c) Resolution #36-88 amending the Town Budget for the fiscal year 1987-88 d) Resolution #37-88 ordering the performance of certain work (construction of miscellaneous storm drains) e) Resolution #38-88 approving and authorizing execution of amendment to fifth addendum to agreement between the Town of Los Altos Hills and Traffic Signal Maintenance, Inc. t. f) Resolution #39-88 approving and authorizing execution of ler f) to subdivision agreement between the Town of Los Altos Hills and Jack F . Kava and Mary P. Kava g) Resolution #40-88 approving and authorizing hold harmless agreement with Mr. and Mrs . Jerry Ridley, Delson Court 5. Actions of the Planning Commission: approved the following: a) LANDS OF ALEPIN, FILE CUP #7-87, 11920 Rhus Ridge Road, request for approval of conditional use permit for secon- dary dwelling unit d) LANDS OF DAUGHTERS OF CHARITY, FILE CUP #2-88 , 26000 Altamont Road, request for modification to conditional use permit and granting of site development permit to allow addition of a chapel to existing seminary, construction of new residence and new conservatory e) LANDS OF FRITZ , FILE CDP #1-88 , 13074 LaCresta Drive, request for conditional development permit and site devel- opment permit for construction of additions to existing residence and decks and remodel -2- 4/20/88 C. CONSENT CALENDAR: (continued( : 4111, Items Removed: 1. Request for time extension of one year for Lands of Elmberg, File TM #12-84 , 26731 Taaffe Road Siegel commented that he had removed this item from the Consent Calendar because the applicant had raised other issues which were not addressed in the staff ' s recommendation. Specifically, the applicant requested that Condition S .A. of the tentative map relating to the removal of structures made non-conforming by the subdivision be modified and that the recordation of their removal from the Williamson Act be recorded. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to grant a six month extension for the filing of the Lands of Elmberg tentative map, from July 2 , 1988 to January 2 , 1989 which was in conformance with the Town ' s ordinances, to deny the request for modification to condition S .A. of the tentative map and to proceed with the recordation of the Williamson Act removal . 2 . LANDS OF VAYNTRUB, FILE VAR #33-87 and CDP 1-88 , 27067 Horsehshoe Lane, request for approval of conditional site development permit, variance and site development permit for new residence on a lot with lot unit factor under 0 . 5, and not conforming to the maximum development area and height limit regulations Siegel questioned that fact that the staff report included in the packet did not include any findings from the Planning Commission in their approval of this project. He requested that in the future the reports include such findings and rationale. Commissioner Stutz noted that this was one of the most unbuildable lots in the Town and the approval of the project was based on the findings as submitted by the applicant. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to concur with the Planning Commission' s approval of the Lands of Vayntrub, File VAR #33-87 and CDP #1-88 . 3 . LANDS OF CARSE, FILE CUP #6-88, 27125 Taaffe Road, request for approval of conditional use permit and site development permit for secondary dwelling. Siegel commented that the staff report for this project had not been in his packet. Commissioner Stutz provided background on the application. -3- 4/20/88 C. CONSENT CALENDAR: (continued) : Cr MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to concur with the Planning Commission' s approval of Lands of Carse , File CUP #6-88. Item Added: 1 . Approval of Minutes : April 6 , 1988 (Regular and Special Meetings) MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Tryon and passed by the following roll call vote to approve the minutes of the 4/6/88 Special City Council Meeting and to approve the minutes of the 4/6/88 Regular City Council Meeting with the following correction: page 5 , third paragraph, first sentence should read: ' . . .to protect both individual homeowners and the Town ' . AYES: Mayor Tryon and Councilmember Siegel and van Tamelen ABSTAIN: Councilmember Johnson (not on the Council when these meetings took place) D. PRESENTATIONS FROM THE FLOOR: Carol Phy, 25616 Moody Road, read a letter into the record (on file in the City Clerk' s office) thanking the City Council for fulfilling their responsibilities to the Town regarding Measure B. ibr Ruth Buneman, 12655 LaCresta, noted that a full Council was not present and that this has also happened in the past. Mrs . Buneman expressed her concern and suggested the possibility of appointing an alternate Councilmember to participate when a member was unable to be present. Councilmember van Tamelen noted that at the 4/19/88 Council meeting the motion to vacate the office of Mayor and Mayor Pro Tem had not passed and inquired if this in any way invalidated any of the actions being taken by the Council at this meeting? The City Attorney responded that no it did not invalidate any of the actions and Mayor Tryon commented that all Councilmembers had an equal vote on the Council . E. REPORT FROM THE PLANNING COMMISSION: Commissioner Stutz reported that the following issues had been discussed at the 4/13/88 Planning Commission Meeting in addition to the items Council had already discussed on their Consent Calendar: 1) request from Clayton Woods, 27600 Moody Road, regarding Santa Clara County General Plan conformance and contiguity/annexation statement; 2) letter from Rick Bell regarding Loyola Drive and 3) swimming pool fencing. -4- 4/20/88 F. PUBLIC HEARINGS: G. OLD BUSINESS: 1 . Report on Flashing Yellow Beacon Lights at Bullis School Council had before them the City Manager 's staff report dated 4/20/88 which included the recommendation to relocate the beacon lights closer to the crosswalk if it would help resolve the neighbors ' concerns . Mrs . Susan Sullivan, Campo Vista; Eric Ingman, 25885 W. Fremont; Nina and James Steiner, 14195 Wild Plum and Vivienne Steele, 25879 Fremont each addressed the Council against the placement of yellow beacon warning lights at Bullis School . Their comments included the following points: not in keeping with the rural atmosphere; detrimental to property values; precedent setting - creeping urbanization; false sense of security for the children; responsibility of the school to provide crossing guards. Mona Armistead, Health & Safety Chairman - Bullis PTA, stated that their main concern was for the safety of the children. The cars just did not stop for those children trying to cross from the Donelson side of Fremont. Mrs. Armistead also expressed concern about the timing of the warning lights because a lot of the students were involved in activities after classes had ended for the day. Mrs. Dauber, 27930 Roble Alto, stated her opinion that the real problem was discourteous drivers and suggested that the traffic rules be strictly enforced. Mrs . Penny Ingman, 25885 W. Fremont, commented that from what she had seen it was the parents of the Bullis school children who were speeding and not letting the children cross the street. Different options and requests for clarification were brought up during the course of the conversation. These included self-activating signals, specific timing, enforcement and use of crossing guards. PASSED BY CONSENSUS: To continue the item pending receipt of additional information on the options and to re-notify the neighbors when this matter returned to Council for further consideration. 2. Resolution # setting the time and place of hearing concerning adoption of a proposed negative declaration in connection with the Bullis School Pedestrian Path Project MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to adopt Resolution #41-88 setting the time and place of hearing (May 4 , 1988) concerning adoption of a proposed negative declaration in connection with the Bullis School Pedestrian Path Project. L -g- 4/20/88 iVH. NEW BUSINESS : 1. Request for Higher Maximum Development Area for Lot #8 of Matadero Creek Subdivision Council had before them a request from the owners of Lot #8 , Matadero Creek Subdivision, to amend the conditions of approval to allow a maximum development area of 10 , 000 square feet. This was 1, 500 square feet over the approved 8 ,540 square feet for Lot #8 . van Tamelen gave a brief history of the Matadero Creek Subdivision, including the rationale behind the conditions of approval for that particular Town-owned subdivision. She commented on the large amounts of open space and the limited number of lots. Mr. Chun Pong, Ng, representing the owners of Lot #8 , commented that the house on Lot #8 had been built by a developer and his clients were not aware of the restrictions on the development area. They believed their proposed development was far less than that on other lots in the subdivsion and there would be no visual impact as a result of the expansion to the living room area. MOTION SECONDED AND FAILED: Moved by Johnson, seconded by Tryon and failed by the following roll call vote to approve an increase in the development area for Lot #8 , Matadero Creek Subdivison, to 10, 000 square feet. AYES: Mayor Tryon and Councilmember Johnson NOES: Mayor Pro Tem Siegel and Councilmember van Tamelen van Tamelen stated that she could not support changes to the conditions of approval for Matadero Creek Subdivision and Siegel commented that the owners had legal knowledge of the requirements for the subdivision and that there was a subcommittee of the Council which was currently working on the issues relating to the Matadero Creek Subdivision. It was agreed that this subcommittee would be reactivated in the near future and that Mr. Chun Pong, Ng should contact the City Manager to discuss potential development opportunities for Lot #8 under the conditions of approval . 2 . Ordinance # adopting as an urgency measure the repeal of sub- section (d) of Section 9-1 . 1111 of the Los Altos Hills Municipal Code concerning delineation of driveways on tentative maps The City Attorney read the ordinance which would repeal the section of the Code requiring the subdivider to rough grade all driveways delineated on the tentative map as part of the subdivision improvements . This section of the Code as in place was inconsistent with the Town' s policy to discourage site grading prior to house ( ir siting decisions made by the Site Development Committee. -6- 4/20/88 H. NEW BUSINESS: (continued) : AMO MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously to adopt Ordinance #321 as an urgency measure the repeal of subsection (d) of Section 9-1 . 1111 of the Los Altos Hills Municipal Code concerning delineation of driveways on tentative maps . 3 . Request for approval of amendments to the Solid Waste Management Plan for Santa Clara County MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to set a public hearing to consider approval of the proposed amendments to the Solid Waste Plan for Santa Clara County. I . OTHER BUSINESS: 1 . Reports from Standing Committees: a) Pathways , Recreation and Parks Committee 1) Corner of Purissima and Arastradero: recommendation for stop signs on Arastradero 41111, Mrs. Ruth Buneman, Chairman - Safety Committee, suggested that traffic be directed to Deer Creek which would lessen the amount of cars on Arastradero. Mr. Dauber, member - Pathways, Recreation and Parks Committee, reiterated the comments made in his letter dated 3/29/88 to the City Council which noted that warning signs would not be an effective option to slow down traffic at this intersection. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to refer the request for stop signs on Arastradero at the corner of Purissima and Arastradero to the Safety Committee for a recommendation. b) Safety Committee: 1) Recommendation regarding stop sign at Summerhill and Amigos Court The Safety Committee, at their 3/24/88 meeting, determined that a stop sign was necessary on Summerhill because of the grade-pre.,ee+ nq LL.. c*op =l gn_and-Y,ha possibility of Summerhill becoming a through street from Magdalena to El Monte. (AMENDP9 BY COUNCIL 5/18/88) -7- 4/20/88 I . OTHER BUSINESS: (continued) : Mrs. Carol Gottlieb, 24290 Summerhill , stated that this sign had been put in place as a result of a petition signed by the neighbors . It provided a great service to the neighborhood. No action was taken on this issue. J. STAFF REPORTS : 1 . City Manager: a) Resolution # authorizing the City Manager to negotiate and enter into an agreement to provide local law enforce- ment agency access to the California Identification System and to appropriate and send the Town' s financial contribu- tion for the system to the City of San Jose' s Finance Dept. The City Manager referred to his staff report dated 4/20/88 which included the recommendation that the Council adopt a resolution which would authorize him to negotiate and execute an agreement for the Town' s participation in the Santa Clara County Automated Fingerprint System and appropriate the Town ' s share of the first year start up costs. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to adopt Resolution #42-88 authorizing the City E Manager to negotiate and enter into an agreement to provide local law enforcement agency access to the California Identification System and to appropriate and send the Town of Los Altos Hill ' s financial contribution for the system to the City of San Jose Finance Department. b) Request for Council comments on AB 3298 , the California Recycling Act and the California Recyclable Materials Act of 1988 MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to direct that a letter be sent to Assemblyman Killea ' s office opposing AB 3298 . 2 . City Attorney: 3 . City Clerk: Report on Council Correspondence dated 4/15/88 4 . Council Business : a) Mayor: 1) Policy: Council Minutes and Agendas L -8- 4/20/88 J. STAFF REPORTS: (continued) : 411/ Tryon noted that at a meeting of the Chairman of the Town' s Standing Committees it had been agreed that the following procedures would be beneficial : 1) publish tentative Council agendas; and 2) prepare summary minutes of Council meetings . 2) Cable TV Study Session Since the proposed date of 6/5/88 for the Study Session on Cable TV conflicted with the Intergovernmental Council Meeting which Mayor Pro Tem Siegel attended, it was agreed another time and date for the Study Session would be scheduled by the Council b) Councilmembers: 1) Siegel made the following requests: a) report from the City Manager on what would be involved in getting a crime report in the Town Crier and Peninsula Times Tribune b) request the City Manager to make a recommendation on lowering fees and/or deposits for minor variances c) request the City Attorney to prepare an ordinance prohibiting restrictive covenants concerning stabling horses d) request City Manager to provide a report on what the permit requirements are for the replacement of a hot water heater? What are the fees charged in Los Altos and Palo Alto? e) requested that the minutes and agendas of the General Plan Steering Committee be sent to the Council 2) van Tamelen: Community Health Abuse Council van Tamelen noted that CHAC had moved into their new quarters and an invitation to their open house would be forthcoming. 3) van Tamelen: Town Newsletter van Tamelen stated that it was important that the Town Newsletter Policy be reexamined and requested that this matter be agendized for Council review as soon as possible. -9- 4/20/88 J. STAFF REPORTS (continued) : c) Mrs . Dauber: Los Altos Library Commission Mrs . Dauber, Los Altos Library Commission, presented a brief report to the Council on activities involving the Los Altos Library Commission. She noted that on May 9th a Joint Powers Committee Meeting had been held and a Joint Meeting of the Library Commission, Los Altos and Los Altos Hills City Councils was planned for June 7th. In general funding was increased from last year which was encouraging news. Mrs. Dauber also noted that a draft report had been prepared by Mr. Brundage, a management intern with the City of Los Altos , on library funding and options. Copies of this report were available if anyone wished to see a copy. K. EXECUTIVE SESSION: PERSONNEL: Pursuant to Government Code Section 54957. 8 : The City Council adjourned to an Executive Session for purposes of personnel at 9 : 20 p.m. and reconvened at 9 : 50 p.m. PASSED BY CONSENSUS : To approve a 6% salary increase for the City Manager, effective February 13 , 1988. L. ADJOURNMENT: 411, There being no further new or old business to discuss , the City Council adjourned at 9 : 55 p.m. Respectfully submitted, Patricia Dowd, City Clerk L -10- 4/20/88