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HomeMy WebLinkAbout07/06/1988 L. CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, July 6 , 1988 cc: Reel 193 , Tr, II , Side II , 190-end; Reel 194 , Tr. I , Side I , 001-048 Mayor Tryon called the Regular Meeting of the City Council to order at 7: 15 p.m. in the Council Chambers at Town Hall . Mayor Tyron noted that Items G.3 and H.3 would be moved ahead on the agenda for discussion after Report from the Planning Commission. A. ROLL CALL AND PLEDGE OF ALLEGIANCE: kir Present: Mayor Tryon and Councilmembers Casey, Johnson and Siegel Absent: Councilmember van Tamelen 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: Edward Emling Press: Mary Fortney, Peninsula Times Tribune; De Tran, San Jose Mercury B. APPOINTMENTS TO COMMITTEES: Council had received one application for the Roads and Drainage Committee and four applications for the Pathways , Recreation and Parks Committee. There was one vacancy on the Roads and Drainage Committee and two vacancies on the Pathways, Recreation and Parks Committee. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to appoint Frank Barbara to the Roads and Drainage for a term of two years . Edward Collins , Rob Hamilton and Bob Stutz each addressed the Council commenting on their backgrounds and their interest in serving on the Pathways , Recreation and Parks Committee. Jean Struthers who had also applied for this committee was not present. B. APPOINTMENTS TO COMMITTEES (continued) : Mr. Philip Dauber, member of Pathways, Recreation and Parks Committee, suggested increasing the number of members on the Pathways , Recreation and Parks Committee. It was agreed that consideration of increasing the number of members on certain of the Standing Committees would be agendized for a later meeting. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously by all members present to appoint Ed Collins and Rob Hamilton to the Pathways, Recreation and Parks Committee each for terms of two years . C. CONSENT CALENDAR: Items Removed: C. 3 .d) (Casey) ( C. 3 .e) (Tryon) and C. 6 .a) (City Manager) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously by all members present to approve the Consent Calendar, specifically: 1. Approval of Minutes: June 15, 1988 (Regular Meeting) June 21, 1988 (Adjourned Regular Meeting) 2 . Approval of Warrants : $ 74 ,616.10 (6/3/88) $106 , 151 .41 ( 7/6/88) 3 . Resolutions for Adoption: a) Resolution #64-88 setting the time and place of a public hearing to consider all objections or protests to the proposed adoption of the Palo Alto sewer service charge final report. b) Resolution #65-88 ordering the performance of certain work (Pavement Management Road Improvements) 4. Monthly Financial Report: Informational Item 5 . Certificates of Appreciation: Bill Fee, Viole Stamness , Fran Stevenson, Jean Struthers and Luis Yanez 6 . Actions of the Planning Commission: approved the following: b) LANDS OF DOUGLAS, FILE VAR #8-88 , 27408 Deersprings Way, request for variance and site development permit for additions to residence on a lot to exceed the allowed development and floor area Air 2- 7/6/88 C. CONSENT CALENDAR: (continued) : L Items Removed: 1. Resolution # setting the time and place of hearing on proposed changes and amendments to the text of Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled ' Zoning Law of the Town of Los Altos Hills ' and concerning adoption of a proposed negative declaration Casey commented that she would be out of town for the next Council Meeting and asked if this matter could be discussed at the first meeting in August. MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to adopt Resolution #66-88 setting the time and place of hearing on proposed changes and amendments to the text of Chapter 1 of Title 10 of the Los Altos Hills Municipal Code entitled ' Zoning Law of the Town of Los Altos Hills ' and concerning adoption of a proposed negative declaration with the change of public hearing date to August 3 , 1988. 2 . Resolution # setting the time and place of the meeting to consider adoption of a proposed appropriations limit for the 1988-89 fiscal year Tryon noted that the time of the Council Meeting given in the resolution was incorrect. It should be 7: 15 p.m. rather than 7: 00 p.m. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to adopt Resolution #67-88 setting the time and place of the meeting to consider adoption of a proposed appropriations limit for the 1988-89 fiscal year with the change correcting the time of the Council Meeting to 7: 15 p.m. 3 . LANDS OF GREENWOOD, FILE VAR #6-88 , 26075 Duval Way, request for variance in height of fence located along roadway for construction of a six foot high noise barrier wall located 25 ' from property line The City Manager stated that an appeal had been filed concerning the Planning Commission' s approval of the above referenced project. A public hearing on this issue was scheduled for the July 20, 1988 Council Meeting. D. PRESENTATIONS FROM THE FLOOR: 411.9 3- 7/6/88 E. REPORT FROM THE PLANNING COMMISSION: Commissioner Emling reported that the following items were discussed at the 7/22/88 Planning Commission Meeting: 1) Lands of Greenwood, File VAR #6-88 - approved; 2) Lands of Douglas, File VAR #8-88 - approved; and 3) Zoning Ordinance Amendments. Also the two new members of the Planning Commission were introduced: A. Richard Jones and Clyde L. Noel . They will be seated on the Planning Commission at the first meeting in July. F . ITEMS MOVED AHEAD ON THE AGENDA: 1 . Consideration of setting public hearing on San Antonio Hills Annexation MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously by all members present to adopt Resolution #68-88 setting the first Council Meeting in September as the date for the San Antonio Hills Annexation Protest Hearing. 2. Request from Collection Systems Maintenance Service for renewal of contract for sanitary sewer services MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to adopt Resolution #69-88 1/411100 approving and authorizing execution of fifth addendum to agreement between the Town of Los Altos Hills and Richard G. Landi , an individual doing business as Collection System Maintenance Services . G. 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) - continued from 6/15/88 meeting MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Siegel and passed unanimously by all members present to adopt Resolution #70-88 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. 2 . Consideration of negative declaration for Sewer Assessment District No. 11 MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to adopt the Negative Declaration for Sewer Assessment District No. 11 as prepared by 4- 7/6/88 G. PUBLIC HEARINGS: (continued) : Planning Director, Sally Lyn Zeff, and dated 6/15/88 with the ihr' following mitigating measure included: 'A potential for an increase in erosion of soils may exist for a temporary period during construction. This potential impact can be mitigated by appropriate erosion control measures. In addition, granular bedding materials surrounding new sanitary sewer lines have been known to intercept and convey groundwater. Alterations to existing groundwater flow patterns can be minimized by utilizing impermeable groundwater barriers at appropriate intervals if indications of shallow groundwater are encountered during construction. ' H. OLD BUSINESS: 1. Request by residents to top Town-owned trees blocking their views (Mr. and Mrs. McGowan, 27150 Julietta Lane) - continued from 6/15/88 meeting MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Siegel and passed unanimously by all members present to adopt the following policy regarding street trees which block views : 'Trees on public property which are to be trimmed for view purposes are to be done so at the requestors expense, with the Town' s approval and under the supervision of the Town. 2. Report on structures on Lands of Bellucci, Moody Road (continued from 6/15/88 meeting) PASSED BY CONSENSUS: To continue this item pending a response from Mr. Bellucci' s lawyer, Paul Myers, to the Town' s letter regarding an inspection of Mr. Bellucci' s property by the Building Department and pending additional information on the conditional use permit review requirements for Mr. Bellucci' s property. 3 . Consideration of setting public hearing on San Antonio Hills Annexation This item was discussed earlier in the meeting. 4 . Construction of Sanitary Sewers - Sewer Assessment District #11 Council had before them the 6/27/88 report prepared by the Director of Public Works which included background, discussion and a recommendation on the above issue. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously by all members present to 1) not release Mr. Mohammadian from Sewer Assessment District No. 11; 2) to state their intention to award the contract to W.H. Ebert Corporation for the construction of Sanitary Sewer Facilities, Sewer Assessment District #11, within 30 days and 3) to request from the contractor his concurrence with a thirty day time extension. 5- 7/6/88 I . NEW BUSINESS: 1. Interpretation of subdivision conditions , Lands of Ugie, O' Keefe Lane Council had before them the Director of Public Works ' staff report dated 6/16/88 on the Lands of Ugie' s subdivision conditions , discussions with the Water District and recommended action. In part the report referred to the following condition of the tentative map which had been a source for the difference of opinion between the Santa Clara Valley Water District and the Ugies: ' The owner shall improve Purissima Creek to the 1% flood capacity, per recommendation of the Santa Clara Valley Water District. Flood hazard mitigation plans shall be approved by the Santa Clara Valley Water District, the Site Development Committee and the City Engineer prior to recordation of the final map. Channel improvements shall require a site development permit. Mr. Ugie, applicant, explained to the Council the discussion he had had with the Water District, the improvements that had been made and why, in his opinion, they had complied with the required conditions. Council discussed the possibility of a hold harmless agreement or a bond from the applicant. In addition Council discussed requesting a representative from the Santa Clara Valley Water District to attend a Council meeting in an attempt to clarify this situation and reach some solution. ihr PASSED BY CONSENSUS: To continue this issue to the next Council meeting with the concurrence of the applicant and to request a representative from the Water District to be present at that meeting. In addition, the City Attorney was requested to provide information on a bond, the cost, etc. 2 . Request from Friends of Westwind for increase in grazing, Byrne Park Preserve MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Johnson and passed unanimously by all members present to grant the request from Friends of Westwind for an increase from six to seven horses allowed to pasture in Byrne Preserve. 3 . Request from Collection Systems Maintenance Service for renewal of contract for sanitary sewer services This item was discussed earlier in the meeting. 4. Request from Mr. and Mrs. Meyer, 25541 Chapin Road, for waiver of certain site development conditions This item was continued at the request of the applicant. how 6- 7/6/88 I . NEW BUSINESS: (continued) : 5. Request from Stan Davis, 28545 Matadero Creek Lane, for an increase in his maximum development area This item was withdrawn by the applicant. 6 . Request from Mr. William Madlem, 13430 Burke Road, for approval of fence MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Tryon and passed unanimously by all members present to direct Mr. Madlem to apply for a variance from the zoning ordinance for a fence constructed in violation of Municipal Code Section 10-1 .504 (d) , to require the $100 variance application fee and to reduce the variance application deposit to $400. 7. Ordinance # granting to Video Engineering, Inc. a non-exclusive franchise for the installation, construction, operation and main- tenance of a cable television system for Los Altos Hills Council had before them the City Manager ' s report dated 7/6/88 which included the recommendation that an ordinance be introduced granting a non-exclusive franchise for cable television to Video Engineering, Inc. Tryon referred to pending legislation, specifically Assembly Bill 3295 which, in part, would specify matters that would have to be considered at a public hearing and conditions that would have to be met before a cable television franchise could be granted which overlaps with an existing franchise. Tryon strongly supported scheduling a public hearing. She stated that there was not a problem with awarding a second franchise for cable television but it was very important for the Council to fulfill its obligation to the residents of the Town by determining the relevant information pertaining to the award of multiple franchises. Siegel commented that even if this legislation, AB 3295 , were approved, it would not be effective until January 1989 . MOTION FAILED DUE TO LACK OF A SECOND: Moved by Siegel to introduce an ordinance granting a non-exclusive franchise for cable television to Video Engineering, Inc. including option two as described in the City Manager ' s report dated 7/6/88 . 7- 7/6/88 I . NEW BUSINESS (continued) : 1111/ James Plummer, representing Citizens for Better Cable TV Alternatives, reminded the Council that they had rejected his committee' s request for a public hearing when this matter had been before Council in June. He was amazed that the Council was now supporting a public hearing. Mr. Plummer stated that this was the last time he would appear before the Council on this particular issue. He again outlined the backgrounds on both Sun Country and Video Engineering and commented that ' competition delayed was competition denied' . Mr. Plummer did not believe the Council was acting according to the letter and spirit of federal law in this matter. He reiterated his position that Mr. Daniel of Video Engineering should have the right to compete for the cable tv business in the Town and also stated his opinion that Mr. Daniel was offering the better franchise of the two companies involved. Ken Daniel , Video Engineering, urged the Council not to delay the process. If they did, it would put him in a substantially poor position to provide cable tv for the Town. He gave a brief background on the issue, noting that the Town had hired a consultant and had not, in his opinion, followed the advice of the consultant nor for that matter the ad hoc cable tv committee, specifically Mr. Kincheloe' s recommendation. Jack Weissman, 12119 Foothill Lane, noted that he was one of the residents in the underground cable tv area and asked why the majority of the Council had voted against the consultant ' s and staff ' s recommendations . Tryon responded that his understanding of the issue was mistaken and that incorrect information was being circulated. * Mrs. Philip Dauber, 27930 Roble Alto, inquired when the information had been made available on the cable tv issue. Mrs. Dauber was informed that the packets for the Council meetings are available the Friday afternoons prior to the meetings. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously by all members present to adopt Resolution #71-88 setting the time and place of the public hearing (Wednesday, July 20, 1988) to consider issuance of multiple non-exclusive franchises for the installation, construction, operation and maintenance of cable television systems in Los Altos Hills, and whether to grant a non- exclusive franchise to Video Engineering, Inc. J. OTHER BUSINESS: 1. Reports from Standing Committees : 2 . Reports from Ad Hoc Committees: *Tryon further stated that neither the Pd Hoc Cable TV Crnmittee nor the consultant 11111/ had formally remmerded entering into an agreement with Video Engineering. (P DE) BY COUNCIL 8/17/88) . g_ 7/6/88 K. STAFF REPORTS: 1. City Manager: a) Clarification of Town-government sponsored groups MOTION SECONDED AND CARRIED: Moved by Johnson, seconded by Casey and passed unanimously by all members present to grant to the Horsemens ' Association permission to hold their meetings in the Council Chambers for a ninety day period. b) General Plan Steering Committee - decision regarding questionnaire consultant PASSED BY CONSENSUS: To appoint Tryon and Casey as members of the Council sub-committee for the General Plan Steering Committee (Survey Consultant) to work with staff to develop a request for proposals for the following options identified in the City Manager' s staff report dated 7/6/88: 1) Modify the language of the committee' s questions as necessary to improve the objectivity of the questionnaire. The Town would perform a mail questionnaire and review and evaluate the results or 2) Modify the language of the committee ' s questions as necessary to improve the objectivity of the questionnaire. The consultant would perform a mail questionnaire and review and evaluate the results and provide a report to the Town or 3) modify the language of the 11111/ committee ' s questions as necessary to improve the objectivity of the questionnaire. The consultant would perform a statistically valid phone survey and review and evaluate the results and provide a report to the Town. The sub-committee would also review and evaluate the proposals and provide a recommendation to the Council . It was further agreed that new appointments to the General Plan Steering Committee would not be made until a later date, that the General Plan Steering Committee' s joint workshop with the Council scheduled for Tuesday, July 26th would be deferred until September and that the August meeting of the Committee would be cancelled. Rosemary Meyerott, member of the General Plan Steering Committee, suggested that there not be a delay in the meeting schedule and that there not be any more appointments made to the committee as she felt there were enough members currently serving on the committee. Council commented that the committee had done quite a bit of work and at this time it seemed a good idea to coordinate the efforts of the committee and the sub-committee. c) Report on status of newsletter Tryon publicly thanked the following Town residents who donated the funds to cover the postage cost of the June Newsletter: Tom Lynch, Mike Myers and Mr. and Mrs . Lew Throop. 111100 9- 7/6/88 K. STAFF REPORTS (continued) : d) Report on pay phone at Magdalena The City Manager stated that a report would be made to the Council after the representative from the phone company had inspected the proposed location of the phone (the area on the northwest side of 280 nearest Dawson) . e) Letter from resident concerning disposal of hazardous materials MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously by all members present to authorize the Town ' s participation in the Los Altos-Cupertino-Mountain View Household Toxics Drop-Off Program at an estimated cost of $4 ,200 . 2 . City Attorney: 3 . City Clerk: a) Report on Council Correspondence dated 6/30/88 b) Request for Council approval of notice regarding change of election date PASSED BY CONSENSUS: To continue this item to the next meeting for change in wording of the notice. 4. Planning Director: Report on Driveway Coverage Council discussed the Planning Director' s staff report dated 6/9/88 on driveway coverage. No action was taken on this matter. 5. Council Business: a) Mayor 1) Thank you to those residents who contributed to the mailing of the newsletter (Tom Lynch, Mike Myers and Mr. and Mrs. Lew Throop) This item was discussed earlier in the meeting. 2) Farming equipment on Town property Tryon requested that a report be provided on the antique farming equipment which was being stored at Town Hall and the Heritage House. -10- 7/6/88 K. STAFF REPORTS (continued) : hir b) Councilmembers 1) Appointment to Council Landscape Sub- committee (Three Forks) PASSED BY CONSENSUS: To continue this item to the next meeting at which time an up-to-date list on the Council sub-committees will be available. PASSED BY CONSENSUS: To remove the Ad Hoc Solid Waste Committee (Ken Phillips) from the Standing Committee roster and to agendize for the next meeting the establishment of an ad hoc committee on urban creek study and the appointment of Jean Struthers to said sub-committee. 2) Potential Change in date for Joint Workshop with the City Council and the Planning Commission PASSED BY CONSENSUS: To reschedule the joint workshop with the Council and the Planning Commission for Sunday, July 31, 1988 at 12 : 30 p.m. with lunch to be served during the workshop. A notice would be sent concerning this change of meeting date. 3) Appointments of alternates to General Plan Steering Committee 11115, This item was discussed earlier in the meeting. 4) Siegel : Regional Housing Needs Siegel commented on the letter received from Supervisor Dianne McKenna concerning Regional Housing Needs as it related to student housing. It was agreed this matter would be agendized for the next meeting. L. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 10 : 10 p.m. Respectfully submitted, Patricia Dowd, City Clerk -11- 7/6/88