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HomeMy WebLinkAbout05/04/1988 (MV CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, May 4 , 1988 cc : Reel 192 , Tr. I , Side I , 001-end Mayor Tryon called the Regular Meeting of the City Council to order at 7: 20 p.m. in the Council Chambers at Town Hall . The Mayor noted that the following items had been removed from the agenda: H. 4 - Request for Sewer Reimbursement Agreement, Lands of Cochran Subdivision, Gerth Lane and J. 4 .a) 5) - Review and approval of First Amended Countywide Coordination of Toxics/Hazmat Programs and Activities Agreement. 4111, 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, Assistant City Attorney Susan St. Clair, Director of Public Works Bill Ekern and City Clerk Pat Dowd Planning Comm: Judith Carico B. CERTIFICATE OF APPRECIATION: PINEWOOD SCHOOL - TREE PLANTING PROJECT: Mayor Tryon presented certificates of appreciation to Eric Kinney, representing the Senior Class and to Kahna Merrill , representing the Honor Society thanking them for their contribution to the community in completing the tree planting project in the Town. Mr. Jamey Smith, Senior Advisor, was also present representing Pinewood School . C. CONSENT CALENDAR: Items Removed: C. 6 (Johnson) and C.7 .a) (City Manager) C . CONSENT CALENDAR: (continued) : L MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously to approve the balance of the Consent Calendar, specifically: 1. Approval of Warrants: April 30, 1988 : $ 67, 307. 28 May 4, 1988: $127, 823. 52 2 . Proclamation declaring support of ' Sober Graduation' 3 . Proclamation declaring 'National Public Works Week' -- May 15-21, 1988 4. Monthly Financial Report: Informational Item 5. Rejection of Claim: Colette Johanson 7. Resolutions for Adoption: b) Resolution #43-88 accepting a certain path and trail ease- ment deed (Munsey Development Corporation) c) Resolution #44-88 approving and adopting a revised classi- fication plan for employees of the Town of Los Altos Hills ` d) Resolution #45-88 approving final parcel map and approving and authorizing execution of subdivision agreement for Lands of Pacific West Investment (formerly Lands of Tykeson/Huang) and rescinding Resolution #30-88 approving the final parcel map for Lands of Tykeson/Huang Items Removed: 1 . Approval of letter prepared by Planning Commission to State Water Resources Control Board - Division of Water Rights with regard to Hale Creek - Neary Quarry Johnson stated that he had removed this item from the Consent Calendar because he did not support the request for Council approval to send this letter. An official complaint had already been filed by Dr. Martin and he did not think it was appropriate for Council to take this action. While campaigning he had spoken with many residents who definitely wanted the commercial quarry ended and Johnson commented that this letter could delay the project a year or two. Tryon also expressed concerns about approving this letter. She stated that staff would follow through with the complaint letters already filed and in her opinion this was sufficient. es/ 2- 5/4/88 C. CONSENT CALENDAR: (continued) : Commissioner Carico stated that the Commission was concerned about what was happening to Hale Creek and wanted to request the appropriate authorities to investigate the situation. van Tamelen did not believe the letter was adversarial . It merely expressed concern about a situation that affected the Town and the State authority was the appropriate party with which to register this concern. Siegel believed the letter addressed valid concerns but also stated that he believed it was appropriate that letters from the Planning Commission on such issues go through the Council for approval . MOTION SECONDED AND FAILED: Moved by Siegel , seconded by van Tamelen and failed by the following roll call vote to grant approval of letter prepared by Planning Commission to the State Water Resources Control Board concerning Hale Creek. AYES: Mayor Pro Tem Siegel and Councilmember van Tamelen NOES: Mayor Tryon and Councilmember Johnson MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to continue consideration of this item to the next Council Meeting 4111, John Vidovich, DeAnza Properties , commented that he was available to answer any questions Council might have and would be present at the next Council meeting when this matter was discussed. 2. Resolution # authorizing and designating officers of the Town of Los Altos Hills to sign and endorse checks, warrants and other instruments and rescinding Resolution #35-88 The City Manager noted that the resolution before Council had the titles as well as the names of Councilmembers. Since the reorganization of Council may change these titles, he recommended that the Council either continue this item to the next Council meeting at which the reorganiation will take place or omit the titles of Mayor and Mayor Pro Tem and use only Councilmember. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to adopt Resolution #46-88 using the title 'Councilmember ' . D. PRESENTATIONS FROM THE FLOOR: Richard Jones , 12660 La Cresta Drive, addressed the Council in support of the comments made at the last Council meeting by Mayor Pro Tem Siegel concerning building permit requirements for a water heater. In his opinion this was just one example of items that should be exempt L from building permits . Mr. Jones suggested a dollar limit for building permits; no permits would be required for projects under $300 . 3- 5/4/88 D. PRESENTATIONS FROM THE FLOOR: (continued) : PASSED BY CONSENSUS: It was agreed that Mr. Jones would work with staff on obtaining information as to what other cities ' policies are concerning building permit requirements and a report would be made at a later Council meeting. E. REPORT FROM THE PLANNING COMMISSION: Commissioner Carico reported that the following items were discussed at the 4/27/88 Commission Meeting: 1) Lands of Poor Clares, File CUP #5-88 - continued; 2) Lands of Warner, File TM #5-87 , 12335 Stonebrook - applicant requested to realign roadway; 3) request from Mr. Gossard concerning Santa Clara County General Plan Conformance and Contiguity/Annexation Statement - approved annexation for the Lands of Gossard on Prospect Avenue prior to any development on the property; and 4) request for interpretation of secondary dwelling unit. F. PUBLIC HEARINGS: 1. LANDS OF OSHIMA, FILE TM #1-88, 25891 Fremont Road, request for approval of negative declaration and tentative map for a two lot subdivision - Resolution # approving tentative parcel map of Lands of Oshima ( Item requested to be continued at request of applicant to 5/18/88) (1111/ 2. Resolution # approving the Bullis School Pedestrian Path Project and authorizing execution and submission of a claim for funds therefor under the Transportation Development Act Council had before them the staff report dated 4/25/88 prepared by the Director of Public Works which included the background information that this proposal was to upgrade this year the existing pathway along Fremont Road between Seven Acres Lane and Manuella Road. This project was also a portion of a master plan to upgrade the pathway system from Edith Avenue to Arastradero Road. Fran Stevenson, Chairman - Pathways , Recreation and Parks Committee, asked for clarification of the location and type of path under discussion. Tryon commented that it was an all purpose path and was also part of the Bullis Safety Program. In response to an inquiry from Council , Mrs . Stevenson commented that this project had not been brought to the Pathways, Recreation and Parks Committee for comment. van Tamelen recommended that in the future all such projects go to this committee for review and comment. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to adopt Resolution #47-88 approving the Bullis School Pedestrian Path Project and authorizing execution and submission of a claim for funds therefor under the Transportation Development Act 4- 5/4/88 F. PUBLIC HEARINGS (continued) : 3 . Amendments to the Solid Waste Management Plan for Santa Clara County It was noted that the item before Council was not the public hearing on this issue but rather the resolution setting the time and date to hold a public hearing. The City Attorney recommended this course of action as the hearing had to be advertised in the paper. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to adopt Resolution #48-88 setting the time and place of the meeting to consider two proposed amendments to the Solid Waste Management Plan for Santa Clara County to add thereto a policy to review requests to dispose of waste generated outside Santa Clara County and to designate the recyclery as a facility for municipal solid waste. G. OLD BUSINESS: H. NEW BUSINESS: 1 . Request from Special Olympics to hold a corporate bicycling fund- raiser on May 22, 1988 Council had before them a request to use Town streets for a Special Olympics fundraiser corporate bicycling event on May 22, 1988. A package of information on the course of the event, corporate participants , event logistics, course markings, etc. had been prepared for the Council by Mr. Nanteu on behalf of the Special Olympics. The information also notes that the premise of this fundraiser was to bring together local business leaders of both large and small companies and their employees for a day of recreational fundraising. Mr. Peter Nanteu and Mr. Chris Rudnicki, representing the fundraising event, noted that a new route had been approved by the Sheriff ' s Department. A new course map had been given to Council . The race would start at Hillview with ample parking and room for rest facilities. In the Town the race would require the closing of one lane from Edith to Manuella from 10: 00 a .m. to 4 : 00 p.m. The neighbors impacted would be contacted by phone, direct mailing and flyers and marshalls would be present on the day of the event. They had $10 million liability and every participant would sign a hold harmless agreement. The representatives also noted that the event rules required that the bicyclists would start in groups of four spaced at 30 second intervals which would avoid bunching of cyclists . Joan Earnest, 12769 Dianne Drive, commented that she had been an official at such races for 17 years and the Town should be aware that there are very real concerns about having such events in the Town. Only one aspect to consider was that not all bicylists stayed on the approved course. 5- 5/4/88 H. NEW BUSINESS: (continued) : Jean Struthers, Planning Commissioner, noted her concerns about the bike lane on Arastradero Road. There was cement debris on the lane and she hoped this situation could be corrected before the fundraising event. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to approve the request to use certain Town streets for the Special Olympics Fundraiser Corporate Bicycling Event scheduled for May 22, subject to the following conditions : 1) the event must meet all the conditions imposed by the Santa Clara County Sheriff ' s Department; 2) cost of all additional Sheriff ' s Deputies used to control and monitor the event will be paid by the event organizers directly to the Sheriff ' s Department; 3) liability insurance must be provided to the Town in a form and at a level approved by the Risk Manager for the ABAG Self Insurance Pool ; and 4) the neighbors affected by any road closures shall be properly notified by the event organizers. 2 . Request from West Bay Trails Council to use Council Chambers for their meetings Council had before them a request from the West Bay Trails Council , a non-profit trails advocacy group, to use the Council Chambers for 4111, their meetings which were held the first Monday of every other month. Fran Stevenson, Chairman - Pathways , Recreation and Parks Committee, stated that she had been a member of the West Bay Trails Council for about 10 years. The organization worked on trails and pathway issues in the area. Alma Wood, 12151 Stonebrook, asked why Westwind Barn was not used for such events. Mrs. Stevenson responded that the Barn was very cold in the winter months and the second floor conference area was found to be unsafe for such meetings . Shari Emling, 11853 Murietta, noted that there were a lot of worthwhile groups in the area that needed places to hold their meetings . She recommended that a policy be established. Council discussed several issues involved with this request, including liability, insurance, establishment as a ' public forum' . PASSED BY CONSENSUS: To request the City Manager to work with the City Attorney in addressing the various issues related to establishing a policy of the use of Town buildings for meetings , events , etc. , to report back to the Council at a later meeting and to defer consideration of the request from West Bay Trails Council until additional information was available. Mrs. Stevenson was asked to relay this status of the request to the West Bay Trails Council . 6- 5/4/88 H. NEW BUSINESS: (continued) : 3 . Lands of Allegra, 26721 Taaffe Road: request to demolish existing house and rebuild new house in its place to conform to the designs approved by the Site Design Committee Council had before them the staff recommendation that the Council deny the request to demolish the existing residence without appropriate permits and suggest the Council recommend to the applicant that they request the Site Development Committee to determine if a new Site Development Permit would be required. Roger Kohler, applicant' s architect, explained that a couple of years ago the Allegras had received approval for a major remodel . As time went on it was determined that it would be less costly to demolish the house, put in a new foundation and build exactly the same house that was approved rather than remodel the existing house. Since it was exactly the same house, they did not want to go back through the Site Development Committee process as it was costing them time and money. Mr. Allegra, applicant, reiterated that the permit process had taken them a long time and with all the delays it was very difficult for them to keep contractors . All he was trying to do was build a better/safer house and one that was exactly like the one that had 410, received Site Development Committee approval . Johnson stated that he thought the staff ' s recommendation was slightly unfair but he realized that they were working within the framework of the Town' s regulations . The lot under discussion was a mature one and there would be no impact of putting the same new house in the same location. Requiring the applicant to go back through the permit process for the same house could take months. van Tamelen stated that it was important to have the necessary permits which provided safeguards for both the Town and the applicants. Commissioner Carico noted that not all of the delays mentioned by Mr. Allegra were the Town' s responsibility, some were his as a result of resubmittals . Commissioner Emling suggested that if Mr. Allegra could bring his plans in prior to the Site Development Committee scheduled for Tuesday, perhaps they could be reviewed prior to that meeting. PASSED BY CONSENSUS: To request the applicant to bring in the present plans for his house for review by the Site Development Committee no later than their Tuesday, May 10 , meeting and to note that the Site Development Committee will have the final decision on whether the plans are the same as those approved for the remodel . 41111, 7- 5/4/88 H. NEW BUSINESS: (continued) : tit 4. Request for Sewer Reimbursement Agreement, Lands of Cochran Sub- division, Gerth Lane Continued to next meeting. 5 . Request by TOD Properties regarding landscaping requirement, Tract 8043, Lands of Del Monte Properties, Three Forks Lane Council had received a request from TOD Properties for deferment of their landscaping requirements for Tract 8043 to the first rains in the fall particularly in view of the potential drought restrictions. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to grant the request for delay in the implementation of the landscaping requirements for Tract 8043, with the condition that the landscaping be in place no later than 11/1/88 . I . OTHER BUSINESS: 1. Reports from Standing Committees : a) Pathways , Recreation and Parks Committee 4111/ Fran Stevenson, Chairman - Pathways , Recreation and Parks Committee, presented a brief overview of her report dated 5/4/88 (on file at Town Hall) . One correction to the report was that the Pathway Walkaround was scheduled for June 4th, not May 4th. One suggestion made in the report was the consideration of establishing a new Parks and Recreation Committee if the Town wished to pursue more recreational facilities. The committee presently dealt with pathways . Siegel recommended that the Pathways , Recreation and Parks Committee prioritize the major path construction projects which could then be discussed at budget hearings. Siegel also reminded the committee that they should be considering appropriate questions to be included in the questionnaire being prepared by the General Plan Steering Committee. van Tamelen requested that the committee prepare a recommendation and statement of charges for the proposed Parks and Recreation Committee. PASSED BY CONSENSUS: Council expressed their appreciation to Mrs. Stevenson and the members of her committee for all their work and an excellent report. 2 . Reports from Ad Hoc Committees: a) Appointments to Joint Awards Committee Tryon noted that there were three vacancies on the Joint Awards Committee which needed to be filled by Los Altos Hills ' residents: Andrew Allison, Ann Throop and Jim Plummer. 8- 5/4/88 I . OTHER BUSINESS: (continued) : MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to appoint Marcia Vincent, 27240 Natoma, to replace Andrew Allison on the Joint Awards Committee and to continue consideration of the additional two appointments to the next Council meeting. J. STAFF REPORTS: 1. City Manager: a) Resolution # disposing of redemption fund surplus PASSED BY CONSENSUS: To defer action on this item to the next Council meeting. b) Consideration of setting Public Hearing for San Antonio Hills Annexation MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to hold a public hearing on Wednesday, May 18 , 1988 at the regularly scheduled City Council Meeting to discuss the San Antonio Hills (west) Annexation. lbw c) Consideration of the Town sharing in the cost of Currie Subdivision of site street improvements The City Manager referred to his staff report dated 5/4/88 which included the recommendation that if Council finds a cost sharing arrangement for the off-site street construction on O' Keefe appropriate, staff be directed to draft an arrangement based on the Town contributing an amount equivalent to the cost of performing the chip seal work identified in the Pavement Management Program for O' Keefe Lane. The Town contribution should be contingent upon the pavement work being performed following the completion of the installation of laterals in O' Keefe Lane by the O' Keefe Lane Sewer Improvement Assessment District. The staff report also included the following background information: The Currie Subdivision is being required to widen O' Keefe Lane to 22 feet as a result of mitigations recommended in the Traffic Study for the subdivision and to overlay the road as a result of extensive damage to the road that resulted from sewer and water line work required to serve the development. But for the subdivision, the Town would not have widened and overlaid the road. Staff believed that if the Town chose to share in the cost of the road improvements, the Town should do so only to the extent of monies the Town would have otherwise committed to road improvements . The Director of Public Works estimated the cost of the overlay work required of the subdivider to be $13 ,000 and the cost of the chip seal work the Town would have had to do but for the subdivision to be $3 , 200 . 9- 5/4/88 J. STAFF REPORTS: (continued) : 41111, Mr. Paul Smith, applicant' s attorney, referred to a letter he had just distributed to the Council on this subject ( letter on file at Town Hall) . In part the letter states: . .all offsite improvements along O' Keefe Lane benefit property outside the subdivision as well as property inside the subdivision. . .These improvements include not only the overlaying of O' Keefe Lane but also the widening of O' Keefe Lane, the relocation of the fire hydrant, the relocation of the catch basin and any other offsite improvements along O ' Keefe Lane. . . the subdivider respectfully requested that a reimbursement agreement be prepared for execution between the subdivider and the Town of Los Altos Hills for purposes of reimbursing the subdivider pursuant to Section 9-4.1114 of the Los Altos Hills Municipal Code. ' Mr. Mohammadian, applicant, addressed the Council and reiterated the points made in his previous correspondence to the Council on the subject of his subdivision. Mr. Mohammadian referenced his letters of 4/13/88 and 3/12/88, including all attachments, and also reviewed his understanding of the discussion which took place at the 1/7/87 City Council Meeting concerning his subdivision. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call vote to authorize entering into a cost sharing agreement for the off-site street construction improvements for Lands of Charvez International , O' Keefe Lane, in an amount not to exceed $3 , 200. AYES: Mayor Pro Tem Siegel and Councilmembers Johnson and van van Tamelen NOES: None ABSTAIN: Mayor Tryon Tryon stated that she felt she needed more information on several of the issues that had been raised during this discussion. She offered to meet with Mr. Mohammadian and staff to attempt to clarify some of the issues. d) Request for concurrence on action of General Plan Steering Committee PASSED BY CONSENSUS: Council concurred with the policy established by the General Plan Steering Committee regarding committee member absences . The policy, which also applies to the Town ' s Standing Committees, states that any member missing more than three consecutive regular meetings shall be considered to have resigned from his membership on the committee. 2 . City Attorney: -10- 5/4/88 J. STAFF REPORTS: (continued) : 41/ 3. City Clerk: 4 . Council Business: a) Mayor 1) Vacancies on Community Relations Committee and Safety Committee: request for advertisements and submittal of applications Laurie Graham, Jessica Lane, suggested ads in the newspapers as the last newsletter was received too late for residents to submit applications. Council noted that press releases had been sent to the three local newspapers and the deadline for receipt of applications was Thursday, May 12 at 5 :00 p.m. 2) Assignment of alternate on General Plan Steering Committee to replace Michael Chiu PASSED BY CONSENSUS: To continue consideration of this item to the next meeting. iir 3) Council appointments to committees and outside agencies PASSED BY CONSENSUS: To continue consideration of this item to the next meeting. 4) Request for comments on the preliminary proposal for Transportation Commission restructuring - letter from Dave Fadness PASSED BY CONSENSUS : To support the Mayor' s comments for a 17 (15 cities plus 2 extra for San Jose) or 19 (15 cities plus 2 extra for San Jose, one for Sunnyvale and one for Santa Clara) member Transporation Commission with elected officials participating being the preferred course of membership. Tryon noted that this matter would again be discussed at the 5/11/88 Transportation Commission Meeting and she would relay the comments at that time. As information was received and developed, she would report back to the Council on this issue. 5) Review and approval of First Amended Countywide Coordination of Toxics/Hazmat Programs and Activities Agreement 411/ -11- 5/4/88 J. STAFF REPORTS (continued) : L This item was continued to the next meeting. 6) Request for support of Proposition 70, the Wildlife Coastal and Park Land Bond Act PASSED BY CONSENSUS : To defer considerations of support for such propositions until the exact wording was available in the ballot pamphlets and to make the determination at that time whether or not to support certain propositions. van Tamelen again commented that she thought the establishment of a legislative sub-committee of the Council to keep everyone up-to-date on legislative issues would be very worthwhile. 7) El Camino Hospital Tryon reported that she had met with representatives from El Camino Hospital . At that meeting she was informed that the hospital had received a grant from the Packard Foundation for spg£a44n1,-seri+iees-* which would have a positive impact on the Town. The hospital would be providing more information on this to the Town. *a special transportation project (MINDED BY COUNCU b) Councilmembers : 5118/88) 411, 1) van Tamelen: Town Newsletter: Clarification of policy statement with Chairman of Community Relations Committee and Editor of Town Newsletter Marcia Vincent, Chairman - Community Relations Committee, noted that due to business commitments , Mike Myers would no longer be able to continue on as editor of the newsletter. A replacement would be appointed. She also commented that she thought the policy in place concerning the newsletter was quite adequate. PASSED BY CONSENSUS: The members of the sub-committee regarding the Town newsletter, Tryon and van Tamelen, would arrange a mutually convenient time to meet with the Community Relations Committee to review the policy on the Town Newsletter. In addition, an appointment would be made for someone to take over the Newcomers responsibilities as a result of the resignation of Doni Hubbard. 2) ICC-A-Gram van Tamelen inquired about the item concerning membership organization and was informed by Siegel that it was a proposal to impose charges from members to assist paying additional IGC staff. 3) Siegel : policy on Council travel $11, -12- 5/4/88 J. STAFF REPORTS (continued) : Siegel asked what the policy was on authorization for Council to attend meetings outside of the county. He recalled Councilmembers had to request approval at a Council meeting. This matter will be placed on the next Council agenda for review of the policy. 4) Change in Municipal Election Date This matter will be on the May 18 , 1988 Council agenda. K. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned to an Adjourned Regular Meeting on Monday, May 16 , 1988 at 7: 30 p.m. Respectfully submitted, Patricia Dowd, City Clerk $ 419 -13- 5/4/88