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HomeMy WebLinkAbout01/15/1988 CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, June 15 , 1988 cc : Reel 193 , Tr. I , Side II , 378-end, Tr. II , Side I , 001-695 Mayor Tryon called the Regular Meeting of the City Council to order at 7: 15 p.m. in the Council Chambers at Town Hall . She noted that the Mayor of Campbell , William Podgorsek, had suffered a serious heart attack. Mr. Podgorsek had had heart surgery and was in critical condition. Mayor Tryon also noted that as a result of the passing of Proposition 73 the Town Newsletter was being held pending further information on the intent of Proposition 73 . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: 41119 Present: Mayor Tryon and Councilmembers Casey, Johnson, Siegel and van Tamelen Absent: None Staff: City Manager George Scarborough, City Attorney Frank Gillio, Director of Public Works Bill Ekern, Planning Director Sally Zeff and City Clerk Pat Dowd Planning Comm: Judith Carico Press: Mary Fortney, Peninsula Times Tribune B. INTERVIEWS FOR PLANNING COMMISSION: Council had received a total of eight applications for the Planning Commission. Mrs. Lorrie Graham had been interviewed at the last meeting due to her travel plans . At this meeting the following applicants addressed the Council stating their interest in serving on the Commission: Mrs . Joyce Clarke, 12544 Corbetta Lane; Mr. Richard Jones, 12660 La Cresta Drive; Mr. Frank Barbara, 25960 Vinedo Lane; Mrs. Theresa McDaniel , 10417 Lone Oak Lane; and Mr. Clyde Noel , 24160 Dawnridge Drive. Mr. Vijay Kapoor and Mr. Joseph LoConte were not present. € B. INTERVIEWS FOR PLANNING COMMISSION: (continued) : kit Casey suggested that the Mayor write a letter to the five present members of the Planning Commission and ask them to restate their interest in continuing to serve on the Planning Commission. Casey further suggested delaying these appointments until responses were received from the Commissioners. PASSED BY CONSENSUS: To request the Mayor to send a letter to the Commissioners regarding their terms on the Commission and to agendize the appointments to the Planning Commission for an Adjourned Regular Meeting of the Council to be held on Tuesday, June 21, 1988. C. CONSENT CALENDAR: Items Removed: C.1 (Tryon) ; C.2 (Alma Wood) MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to approve the balance of the Consent Calendar, specifically: 3. Resolutions for Adoption: a) Resolution #57-88 approving and authorizing execution of an encroachment permit agreement between the Town of Los ALtos Hills and Thomas Raffin and Michele Raffin (Three (1111, ALtos Lane) b) Resolution #58-88 approving and authorizing execution of an encroachment permit agreement between the Town of Los Altos Hills and Luis M. Yanez and Gina Yanez (Fremont Road) c) Resolution #59-88 further amending Resolution #1256 , as amended by Resolution #88-86 and 29-87, adopting a policy concerning landscaping and setting of bonds thereof, to modify certain requirements during the current drought condition d) Resolution #60-88 awarding a contract for the construction of miscellaneous storm drains e) Resolution #61-88 declaring the need for the conservation of water 4. Actions of the Planning Commission: approved the following: a) LANDS OF MEYER, FILE CUP #7-88 , 26007 Torello Lane, Request for conditional use permit, zoning and site development permits for new residence with an attached secondary dwelling unit (ip _2_ 6/15/88 C. CONSENT CALENDAR: (continued) : ear Items Removed: 1 . Approval of Minutes : June 1 , 1988 MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to approve the minutes of the June 1 , 1988 City Council Meeting with the following corrections: page 7 , second paragraph, fifth line - ' less ' should be changed to ' more ' ; page 8, Item 5 , first paragraph, last sentence should read: .same time Los Altos and many other local cities had their elections . ' and page 10 , Item 2) should read: ' . .or not Page Mill outside Country Way could be striped and the . . . ' 2 . Approval of Warrants: $28 , 759 . 65 Alma Wood, 12151 Stonebrook, questioned warrant #7733 for the amount of $59 . 59 for a working dinner with Council and staff. As a taxpayer, she objected to this policy of paying for such dinners. Tryon responded that it was a budget study session at the dinner hour. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to approve the warrants for $28 ,759 .65 . D. PRESENTATIONS FROM THE FLOOR: E. REPORT FROM THE PLANNING COMMISSION: Commissioner Carico reported that the following items were discussed at the 6/8/88 Planning Commission Meeting: 1) Lands of Meyer, File CUP #7-88 - conditional use permit approved and 2) zoning ordinance amendments. The following recommendations were made by the Commission to the Council concerning zoning ordinance amendments: 1) to retain the ordinance regarding declining height envelope as written as it is in conformance with the Town' s General Plan and reduces bulk; 2) to adopt the proposed driveway light fixture ordinance amendment as recommended in the 4/21/88 staff report; 3) to not support a one time exemption from maximum floor area and development area for any lot but to suggest the Planning Commission pursue an ordinance which would allow staff to evaluate the level of documentation for a particular project; and 4) to adopt the proposed variance ordinance amendments as recommended by the subcommittee. F. PUBLIC HEARINGS: 1. Resolution # ordering the vacation and abandonment of a portion of a certain street under the provisions of the ' Public Streets, Highways and Service Easements Vacation Law' Section 8300 . et seq. ; of the Streets and Highways Code of California (Three Forks Lane) 411/ -3- 6/15/88 F. PUBLIC HEARINGS: (continued) : Council had before them the 5/9/88 staff report prepared by the Director of Public Works which gave the background on the request to quitclaim a portion of Three Forks Lane to 13474 Three Forks Lane, as exhange for previously dedicated right-of-way. Mr. Philip Dauber, member - Pathways , Recreation and Parks Committee, requested clarification of the pathway issue as related to this abandonment. Mr. Bob Stutz , 25310 Elena Road, emphasized the importance of the pathway on the property under discussion. Mr. Melkonoff, applicant, commented that they had no objection to the pathway if it was on the outer portions of their property. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to continue this matter to the July 6 , 1988 Council meeting and to request a report on the exact location of the proposed path. 2. Resolution # approving an amendment to the Solid Waste Manage- ment Plan for Santa Clara County to combine the North and Central Subregions, rename the southwest subregion and provide continued access to Gaudalupe Mines Landfill , and provide for annual reporting regarding waste reduction to achieve 25% goal by 1995 . MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously to adopt Resolution #62-88 approving an amendment to the Solid Waste Management Plan for Santa Clara County to combine the North and Central Subregions, rename the southwest subregion and provide continued access to Guadalupe Mines Landfill , and provide for annual reporting regarding waste reduction to achieve 25% goal by 1995 . 3 . Consideration of adoption of a proposed Town Budget for 1988-89 and adoption of Resolution adopting the budget for the fiscal year 1988-89 PASSED BY CONSENSUS: To budget $20 , 000 for the tree/ landscape program (to include the area of Page Mill/280 which had been on the project list but had not been done) . MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously to continue consideration of the Town Budget to the 6/21/88 Adjourned Regular Meeting. -4- 6/15/88 G. OLD BUSINESS: hior 1. Ordinance # ordering its General Municipal Election to be held on the same day as the Statewide Direct Primary Election (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to adopt Ordinance #322 ordering its General Municipal Election to be held on the same day as the statewide direct primary election AYES: Mayor Tryon and Councilmembers Casey and Johnson NOES : Councilmembers Siegel and van Tamelen It was also agreed that notice which would be sent to each registered voter in the Town stating this change in election date would include the Council vote and would be brought back to the Council before it was sent. 2. Ordinance # approving a procedural ordinance for providing operational rules during the life of a cable tv franchise van Tamelen expressed serious concerns about the lengthy document they had just received. She felt it did not specifically address the needs of the Town and she strongly urged that the consultant, Carl Pilnick, be retained to prepare a procedural ordinance particularly for Los Altos Hills. This would cost approximately $2,200. The City Attorney stated that the ordinance before Council was an up- to-date procedural ordinance and if Council intended to grant a franchise agreement, it was necessary for them to first introduce the procedural ordinance. The City Attorney commented that this ordinance could be amended at a later date if Council decided to do so. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously to waive further reading of ordinance . MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed by the following roll call vote to introduce Ordinance #323 providing for the establishment and granting of franchises or privileges for the construction, maintenance and operation of cable communication, or cable television systems , and further providing for the continuing regulation and administration of these franchises and the activities relative to them. AYES: Mayor Tryon and Councilmembers Casey and Johnson NOES: Councilmembers Siegel and van Tamelen hay -5- 6/15/88 tar G. OLD BUSINESS: (continued) : 3. Ordinance # granting a franchise agreement to Sun Country Cable, Inc. for cable tv in Los Altos Hills Tryon referred to mailings she had received concerning cable tv which included totally incorrect numbers. In response to this information provided by the Citizens for Better Cable TV Alternatives , a handout was presented which gave an overview of certain streets in the Town and the density. Mr. David Kinley, Sun Country Cable, referred to a memo they had sent to the homeowners in the underground utility areas of Los Altos Hills. In part this memo stated: ' Sun Country Cable has made a legal commitment to the Town of Los Altos Hills to make cable television service available to 85% of the homes in the Town. The remaining 15% must have service made available to them on a cost-sharing basis under a specific formula that is spelled out in the franchise agreement. ' The following residents asked what area of density their homes were located in: Eric Schroeder, Christophers Lane and Joyce Clarke, Corbetta. Several other streets were inquired about and John Doland from Sun Country Cable noted that he would be available at a later perhaps more convenient time in the meeting to discuss each of these y areas with the residents present. The information being given out concerning these streets could be made part of the agreement. Mr. Ernie Felago, Byrne Park Lane, asked for clarification of the entire cable issue. Was the Council reviewing two companies at this time? When told no they were not, he further asked what the Council planned to do to provide a solution to the situation. Jim Plummer, representing Citizens for Better Cable TV Alternatives , referred to their mailing dated 6/9/88 which stated that there had been six outright lies in the 5/27/88 circulated by Sun Country Cable. In addition, Mr. Plummer also presented a report which included the following objectives: 1) Make service available to as many homes as possible; 2) Emphasize service to areas that now have poor regular tv reception; 3) High quality service and 4) Not drag the franchise award process on forever. The report also included the following comments on the seriousness of the decision: 1) the size of the investment; 2) the irreversibilities; 3) the creation of monopoly rights; and 4) the franchise period. Mr. Plummer additionally addressed Sun' s ' Line Extension Policy ' and the charges involved. Mr. Plummer recommended obtaining the consultant ' s (Carl Pilnick) assistance, negotiating with both companies , directing the City Manager to return on 7/6/88 with franchise agreements with both Sun Country and Video Engineering, increasing the $40 , 000 letter of credit and making the effective date for both franchise agreements the same. Mr. Plummer commented on the i importance of addressable converters and recommended discussing this low during the negotiations . -6- 6/15/88 G. OLD BUSINESS: (continued) : hit Tryon presented an overview of past discussions concerning the cable tv issue including the public hearing held in October of 1986 and Sun' s consistent statements as to what they would provide for the Town related to cable tv. Tryon stated that Sun had worked for a long time with the Town on this project and should not have to wait now for someone else to catch up. Lyn Simpson, Sun Country Cable, reiterated Mr. Kinley' s comments earlier in the meeting concerning their commitments to the Town. She also commented on their financial references as well as their past performances in other cities and their track record. Each of these areas had been carefully investigated. Ms . Simpson referred to the issues of addressable converters , pay-per-view and connection to Stanford University. She noted that if Stanford made the programming available and the Town wanted it, it would not be difficult to do. Sun agreed to add the following statement to the end of section 5. 7 in the agreement: 'Grantee shall make available upon Grantee' s request addressable converters for those residents who want to subscribe to programming made available from Stanford University' . Ken Daniel , Video Engineering, restated that he wanted to obtain a franchise for cable tv in the Town. He noted that the agreement would be quite similar to Sun ' s and he was requesting that he be awarded a franchise agreement within thirty days . Kathy Adams, Barley Hill , referred to the consultant ' s report and commented that she had understood that it said Video Engineering was the preferred choice over Sun. Kathy Danaher, resident, thought it was a difficult choice between Sun and Video Engineering but thought it very important that Stanford University programming be included in whichever proposal was selected. Jim Danaher, resident, also inquired if Stanford would be included and requested clarification of some of the cost figures listed in the consultant ' s report. The City Attorney, in response to a request from van Tamelen for his statement on cable tv, reported that his advice would be not to grant a franchise at all but if Council chose to do so, then to award multiple franchise agreements. He commented further that there was little practical recourse after a franchise was awarded and traditionally cable companies were not in the business to give service. Siegel and van Tamelen both noted their concerns about the $40 ,000 letter of credit from Sun and their thought that this was not a sufficient amount. Lyn Simpson responded that it was not just $40, 000 but was an amount that would be replaced immediately upon use. -7- 6/15/88 G. OLD BUSINESS: (continued) : kir MOTION SECONDED AND FAILED: Moved by Siegel , seconded by van Tamelen and failed by the following roll call vote to increase the letter of credit from Sun Country Cable to $80 , 000 . AYES : Councilmembers Siegel and van Tamelen NOES: Mayor Tryon and Councilmembers Casey and Johnson Mr. Philip Dauber, member - Pathways, Recreation and Parks Committee, requested a guarantee that the paths would not be disturbed or blocked during the installation of the cable. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey to approve the following changes to the agreement from Sun Country Cable: 1) page 7, Section 4. 1 , change ' its ' to 'grantees ' in last line; 2) page E. 4 , Section 3 , change the word ' installation' to ' construction' ; and to instruct the City Attorney to incorporate into the agreement the list distributed earlier in the meeting showing streets and density. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously to waive further reading of ordinance. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed by the following roll call vote to introduce Ordinance #324 granting to Sun Country Cable, Inc. , a non-exclusive franchise for the installation, construction, operation and maintenance of a cable television system for Los Altos Hills as amended. AYES: Mayor Tryon and Councilmembers Casey and Johnson NOES: Councilmembers Siegel and van Tamelen 4 . Video Engineering - Franchise Agreement - URGENCY ITEM MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call vote to add negotiating with Video Engineering for a franchise agreement for cable tv in Los Altos Hills as an urgency item to the agenda. AYES: Councilmembers Casey, Johnson, Siegel and van Tamelen NOES: Mayor Tryon MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call vote to direct the City Manager to negotiate a contract with Video Engineering and to return with a franchise agreement at the 7/6/88 Council Meeting. AYES: Mayor Tryon and Councilmembers Casey, Siegel and van Tamelen NOES: Mayor Pro Tem Johnson -8- 6/15/88 G. OLD BUSINESS: (continued) : 4 . Request from West Bay Trails Council to use Council Chambers for their meetings/Policy Statement of Town Hall Facilities for use by outside agencies Council had before them the City Manager ' s report dated 6/15/88 which included a legal opinion from the City Attorney on this subject. This opinion indicated that if the Town extended the use of the Town meeting facilities for a non-Town sponsored use, the City Council would not be able to exercise discretion to refuse use of the facility in the future for groups or purposes the City Council might find inappropriate. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed by the following roll call vote to deny the request from the West Bay Trails Council based on the legal opinion received from the City Attorney and to adopt a policy that only Town government sponsored use of the meeting facilities would be allowed. AYES: Mayor Tryon and Councilmembers Casey, Johnson and Siegel NOES: Councilmember van Tamelen H. NEW BUSINESS: 1. Request by residents to top Town-owned trees blocking their views (Mr. and Mrs. McGowan, 27150 Julietta Lane) Mr. McGowan, applicant, stated that this was an historical problem which had not been previously addressed. He agreed with any of the staff recommendations in the 6/9/88 staff report prepared by the Director of Public Works but of course would prefer the recommendation whereby the Town would share in the cost of topping the trees on a 50/50 basis with the McGowans . PASSED BY CONSENSUS: To continue this item to the 7/6/88 Council Meeting. 2 . Request for exception to ordinance limiting number of hooved animals per acre (Barbara Newell , 2060 Old Page Mill Road) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously to advise Mrs . Newell that the appropriate procedure for her to follow regarding her request for an exemption to the ordinance limiting the number of hooved animals per acre would be for her to apply to the Planning Commission for a variance from the Zoning limit. The City Council further waived the deposit required for a variance application. -9- 6/15/88 H. NEW BUSINESS: (continued) : 0 3 . Consideration of reduction of fees - Lands of Stefanki (Beatrice Lane) Mr. Stefanki, applicant, explained to the Council the project involved and why he felt the fees being charged were out of line. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously to reduce the fees (site development, zoning and building permit) for the construction of a driveway addition on Lands of Stefanki, 26901 Beatrice Lane, to a total of $150 .00 . I . OTHER BUSINESS: 1 . Reports from Standing Committees : 2 . Reports from Ad Hoc Committees : a) Zoning Subcommittee Meeting on Zoning Ordinance Definition of Development Area (continued from last meeting) PASSED BY CONSENSUS : To continue this item to the 6/21/88 Adjourned Regular Meeting. 11111, J. STAFF REPORTS: 1. City Manager: a) Report on structures on Lands of Bellucci, Moody Road PASSED BY CONSENSUS : To continue this item to the 7/6/88 Council Meeting. 2. City Attorney: 3 . City Clerk: Report on Council Correspondence dated 6/10/88 4. Planning Director: Report on Driveway Coverage PASSED BY CONSENSUS : To continue this item to the 6/21/88 Council Meeting. 5 . Council Business: a) Mayor L -10- 6/15/88 J. STAFF REPORTS: (continued) : b) Councilmembers: 1) Appointment to Santa Clara County Transportation Commission MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Casey and passed unanimously to reappoint Mayor Tryon to the Transportation Commission. 2) Design Awards PASSED BY CONSENSUS: To continue this item to the 6/21/88 Council Meeting. 3) Set date for Joint Workshop with the Council , Planning Commission and staff for the latter part of July PASSED BY CONSENSUS: To set the date for the Joint Workshop for Thursday, July 28 , 1988 from 4 : 00 to 6 :00 p.m. 4) Set date for Joint Workshop with the City Council and the General Plan Steering Committee hor PASSED BY CONSENSUS: To continue this item to the 6/21/88 Council Meeting. 5) Johnson: Article in San Francisco Chronicle Johnson reported that in the 6/6/88 edition of the Chronicle there was a report which listed Los Altos Hills as the city with the third lowest crime rate. Johnson also noted that Los Altos was not even listed in the top twenty cities in this report. 6) Siegel : Crime Statistics Siegel reiterated his request that the City Manager provide a report on what would be involved in getting a crime report in the Town Crier and Peninsula Times Tribune. -11- 6/15/88 K. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 11: 30 p.m. to an Adjourned Regular Meeting on Tuesday, June 21, 1988 at 5 :00 p.m. in the Council Chambers at Town Hall . Respectfully submitted, Patricia Dowd, City Clerk -12- 6/15/88