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HomeMy WebLinkAbout11/02/1988 (2) Ihr CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, November 2 , 1988 cc: Reel 196 , Tr. I , Side I , 269-end; Tr. I . Side II , 001-460 Mayor Johnson called the Regular Meeting of the City Council to order at 7: 20 p.m. in the Council Chambers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Johnson and Councilmembers Casey, Siegel and van Tamelen (Councilmember Tryon arrived at 10 : 00 p.m. ) Absent: None Staff: City Manager George Scarborough, Assistant City Attorney Susan St. Clair, Director of Public Works Bill Ekern, Planning Director Sally Lyn Zeff and City Clerk Pat Dowd Planning Comm: Judith Carico Press : Don Brignola, San Jose Mercury: Carolyn Zenko, Peninsula Times Tribune and Todd Shumway, Los Altos Town Crier B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen and passed unanimously by all members present to approve the Consent Calendar, specifically: 1. Approval of Warrants: $151 , 508 . 35 2 . Resolution for Adoption: a) Resolution #117-88 accepting bids for items of personal property and rejecting all other bids (desk top copier) C. PRESENTATIONS FROM THE FLOOR: Dr. Howard Martin, 11666 Dawson Drive, addressed the Councilregarding the environmental impact report for Quarry Hills . He expressed his concerns over certain omissions in the EIR, particularly noting that the cumulative impact on Hale Creek had not been addressed. Dr. Martin � reiterated that he believed the EIR to be inadequate. yT C. PRESENTATIONS FROM THE FLOOR: Commissioner Patmore referred to the letter written by the Commission requesting additional information on the Quarry Hills Project and asked that Council add this request as an urgency item to their agenda. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Johnson and passed unanimously by all members present to add consideration of the request from the Planning Commission for additional information on the Quarry Hills Project to the agenda as an urgency item, noting that this matter was brought forth and needed action after the Council agenda had been prepared. D. PUBLIC HEARINGS : 1. Protest Hearing for the proposed San Antonio Hills (West) Annexa- tion (continued from the 9/7/88 City Council. Meeting) Council had before them the City Manager ' s report dated 11/2/88 which noted that as of 10/27/88 the Town had received 434 protests. In February 1988 there were 591 registered voters in the area under discussion for annexation. Therefore, 296 valid protests would be required to stop the annexation. 41111W Mr. Matthew Ives , 24040 Spaulding, presented additional protests to the City Clerk and expressed his concerns that this whole issue could be brought up again in a relatively short period of time. He and others who were against the annexation had spent a lot of their time on the subject. Mr. Edward Seaman, 11519 Arroyo Oaks , thanked the Council and the previous Councij.members for their professional attention to this issue. He hoped that someday the annexation would take place. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously by all members present to direct the City Clerk to request the Registrar of Voters to determine the number of valid protests from registered voters. The City Council should further direct the City Clerk that if the number of valid protests from registered voters is less than 25% of the totalnumber of registered voters in the annexation territory, then the City Clerk should request the County Assessor to determine the number of valid protests from landowners and what percentage of assessed value of land in the annexation territory is owned by the protesters . -2- 11/2/88 D. PUBLIC HEARINGS: (continued) : thir 2. LANDS OF PINEWOOD SCHOOL, Fremont Road, appeal of Planning Commission' s approval of the annual review of the conditional use permit Council had before them the Planning Director ' s staff report dated 10/28/88 which included the following staff recommendation: Condition #8 of the Conditional Use Permit for Pinewood School be revised to read as follows: ' The school grounds shall remain open to the general public during hours of school operation, with all surrounding pedestrian gates remaining unlocked during those hours. The pedestrian gates will be opened when vehicular gates are opened in the morning, and locked when the vehicular gates are locked at the end of the school day. ' Planning Commissioner Jones had appealed the Commission' s approval of the conditional use permit for Pinewood School because the present procedures at the school were not in conformance with the approved conditions . Specifically he questioned the current condition which read: 'The school grounds shall remain open to the generalpublic during daylight hours , with all surrounding pedstrian gates remaining unlocked. The pedestrian gates will be open when vehicular gates are opened in the morning. ' The staff report noted that the current practice was for the school to 11111/ unlock the pedestrian gates when the main gate to the school was opened in the morning, to lock the gates when the school was closed and to lock the main gate after school . The gates were not open on weekends. Commmissioner Jones stated that he had checked other schools in the area and none of them had a fence around their property. He believed the current condition concerning access to Pinewood Schoolshould remain in place and should be enforced. Commissioner Jones stated this would be consistent with the Town' s General. Plan. Mr. and Mrs. Victor Riches, Pinewood School , addressed the Council with their concerns about this condition. A brief history of the school was presented which included the statement that it was private property and there was no access to the property without the owners ' permission. Over the years there had been situations of vandalism and public nuisance problems when the access to the school had not been controlled. It was a family run school with many students whose families lived in Los Altos Hills and they did want to cooperate fully with the Town. Severalof the neighbors had expressed their opposition to the re-opening of the gates. In addition to requesting that condition #8 of their conditional use permit be rescinded because it was impractical , unfair and costly, Mr. Riches also asked that their -9- 11/2/88 41111, D. PUBLIC HEARINGS (continued) : conditionaluse permit not be reviewed annually as it was an unnecessary burden on them. In conclusion, Mr. Riches presented a letter to the Council concerning Commissioner Jones ' appeal of their conditional use permit and his recent contacts with the school . The final paragraph of the letter submitted by Mr. Riches stated: ' I submit that his (Commissioner Jones) actions and his attitudes are not representative of our elected members of the Council , nor of our appointed city staff, nor of other members of the Planning Commission. I (Victor Riches) request that his (Jones) appointment to the commission be rescinded. ' Ms. Jeanne Hahn, 26625 Ascension Drive (by letter) ; Ms. Martina Cren, 26685 St. Francis Drive and Mr. George Hayes , 26735 St. Francis expressed their opposition to the re-opening of the gates at Pinewood School . Commissioner Judy Carico stated that she agreed with Commissioner Jones . The Riches have always known that the path on their property is part of the Master Path Plan of the Town. Mrs. Shari Emling, 11853 Murietta, commented on the importance of an annual review of the conditional use permit for Pinewood. Mrs . Jean Struthers , 13690 Robleda, commented that four gates allowed people to go through the school ' s property. The gates were unlocked when an employee of the school was on the premises and at other times there was a path that went around the property for people to use. Casey stated that she believed conditon #8 should be deleted because there were alternatives for pathway access . She also believed the review of the conditionaluse permit should be consistent with the policy for other schools which was a review every two years. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call to deny the appeal of the Planning Commission' s approval of the annualreview of the conditional. use permit and to revise condition #8 to read as follows: ' The school grounds shall remain open to the general public during hours of school. operation, with all surrounding pedestrian gates remaining unlocked during those hours . The pedestrian gates will be opened when vehicular gates are opened in the morning, and locked when the vehicular gates are locked at the end of the school day. ' AYES: Mayor Johnson and Councilembers Siegel , Tryon and van Tamelen NOES: Mayor Pro Tem Casey PASSED BY CONSENSUS: To agendize the discussion of Pinewood School ' s annual review of their conditional use permit for the 11/10/88 meeting of the City Council . -q- 11/2/88 D. PUBLIC HEARINGS (continued) : hit 3. LANDS OF MCCULLOCH, FILE TM #4-87, Stonebrook and Prospect, request for clarification of conditions of approval for the tenta- tive map approved at the 10/5/88 Council Meeting This item was withdrawn from the agenda at the request of the applicant. 4 . LANDS OF RIDGEVIEW ESTATES, FILE TM #6-88, 24810 Prospect Road, request for approvalof tentative map and negative declaration for four lot subdivision -- Resolution approving tentative map (continued from 10/19/88 meeting) Council had before them the 10/28/88 report from the Director of Public Works which noted that a meeting had been held between the developer of Ridgeview Estates and the developer of the Lands of McCulloch. It had been agreed at that meeting that the McCulloch developer would extend a sewer line from the loop road of his project to the right-of-way of Stonebrook Drive. It was at this point that the Ridgeview connection would be made. Councilalso had before them the Planning Director ' s report dated 9/29/88 which included the Planning Commission' s recommended conditions of approval for the tentative map. Paul Nowack, applicant' s representative, stated that they concurred with the recommended conditions of approval . kir PASSED BY CONSENSUS : To amend condition #7 to read: 'All utilities including cable tv are to be undergrounded, per Municipal Code 9- 1. 1105. ' PASSED BY CONSENSUS : To amend condition #8 to read: ' The applicant shall construct a sanitary sewer line within the road rights-of-way of Emerald Hill Court, Prospect Avenue and Stonebrook Drive to entry point of the property known as the Lands of McCulloch Subdivision, TM #4-87. The plans and construction are to be approved by the Town prior to the recordation of the final map. Construction may be bonded against. ' PASSED BY CONSENSUS: To add Condition #15 .a) as follows: ' An inventory of all trees on this subdivision which are 20" circumference at 4 ' shall be made by a qualified tree surgeon and the need for trimming, cabling and other protective steps shall be reported to the Director of Public Works. Subdivider shall perform the work prior to recordation of the final map or bond to insure that this work is done. ' -5- 11/2/88 D. PUBLIC HEARINGS : (continued) : PASSED BY CONSENSUS: To add Condition #18 as follows: ' The land proposed for subdivision is not now within the Town limits of Los Altos Hills and pre-zoning and annexation must take place prior to recordation of the Final Map and construction on the newly created lots. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen and passed unanimously by all members present to approve the negative declaration for Lands of Ridgeview Estates. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Casey and passed unanimously by all members present to adopt Resolution #118-88 approving tentative subdivision map of Lands of Ridgeview Estates with conditions of approval as recommended by the Planning Commission and amended by Council . 5. LANDS OF BELLUCCI , FILE TM #1-86 , 26220 Moody Road, request for tentative map approval and negative declaration for 11 lot sub- division - Resolution approving tentative map Council had before them the Planning Director ' s staff report dated 10/28/88 which included the following background information and recommendation: The Planning Commission had held a public hearing on �r 10/12/88 and at that time determined that more time was needed to review the new tentative map submitted by the applicant just before the hearing. The applicant did not wish to consent to the continuation and therefore the Planning Commission voted unanimously to recommend that the Council deny the proposed tentative map without prejudice as it would create lots that would not meet the Town requirements for size and slope. The Planning Commission further recommended that the City Council obtain the applicant' s consent to continue consideration of the application to allow the applicant' s revised application to be considered and refer the revised application back to the Planning Commission for the Planning Commission to make its recommendation. Council also had before them a letter dated 10/28/88 from the Department of Fish and Game with comments on their review of the proposed negative declaration for the Lands of Bellucci. Paul Myers , applicant' s attorney, explained that in their opinion they had submitted the requested information; however, it appeared that this information was not getting forwarded in a timely manner to the appropriate parties. He noted that the response from the Department from Fish and Game was received well past the deadline for comments from outside agencies and if no deadline was imposed on receipt of such comments, it became an open-ended issue. Mr Myers requested that Council proceed with this application so that the project could go forward in a timely manner. -6- 11/2/88 D. PUBLIC HEARINGS (continued) : Jean Struthers, 13690 Robleda, referred to the letter received from the Department of Fish and Game and stated her concerns about the condition of the creek on the Bellucci property. The issues related to the creek need to be addressed and since grading was not allowed between November and April , there was ample time to give this issue serious attention. Lee Patmore, Planning Commissioner, presented background to the Council on the delay in the Commission' s receipt of information regarding the Lands of Bellucci. She noted that certain land use calculations were not available until the night before the meeting and new maps and staff reports were presented at the meeting. It was not possible to evaluate and make recommendations on the proposal before them with such short notice. Carol Gottlieb, 24290 Summerhill , presented a statement from the League of Women Voters on the importance of creeks in general and Adobe Creek in particular. Council discussed the delays and procedures involved with this project. They noted that they too were unsure which map they had before them for consideration. This was an important project and it would be to everyone' s benefit if it was reviewed by both the Commission and the Councilin an appropriate and timely manner. MOTION SECONDED AND CARRIED: Moved by Casey, seconded by Johnson and passed unanimously by all members present to continue the public hearing on the Lands of Bellucci, TM #1-86 to the December 7 , 1988 City Council Meeting with the concurrence of Mr. Myers , the applicant ' s attorney and to request that the Planning Commission schedule a public hearing on Lands of Bellucci for their 11/23/88 meeting. Councilmaidoer Tryon arrived at the City Council Meeting. (Pb1EDED BY COUNCIL 11/16/88. E. NEW BUSINESS: 1. Resolution # approving and authorizing execution of an agreement for solid waste disposal between the Town of Los Altos Hills and International Disposal Corporation of California The Director of Public Works stated that the agreement was presently being discussed and modified by the parties involved. At this time, it was an informational item for the Council and no action was required. 2 . Resolution # authorizing entering into an agreement to complete j the miscellaneous storm drain construction project - urgency item 1 -7- 11/2/88 lhor E. NEW BUSINESS: (continued) : The Director of Public Works stated that he was discussing this situation with the bonding company of the contractor who had passed away. Since a solution to the situation might be forthcoming, there was no action required of the Councilat this time. 4.AlaH-ftei-meff4-m.:ex a=c-yoi43.CLivpd_a _ rhe _Cal-CQu ncU_Maetjn4- (AMENDED BY =MT11/16/88) 3. Request from Planning Commission for Additional Information on Quarry Hills Project -- Urgency Item Commissioner Patmore presented an amended request for additional. information on the Quarry Hills Project to the City Council for their consideration. (A copy of this request dated 11/ 2/88 is on file at Town Hall . ) In general the letter requested certain additional environmental analysis , more specific and/or accurate responses to questions in the final environmentalimpact report and additional non- environmental information. Staff reviewed the requests from the Commission and noted which areas would be addressed in the environmental impact report and which ones could be addressed at a staff level . The City Manager stated that EIP Associates could be directed to fillthe request for an additional visualanalysis which would take into account the proposed conservation easements and the maximum development area figures provided in the staff report but it would be quite costly. Both this request and the request for a new environmental impact report summary table were given low priority. Council concurred with the review by staff of the Commission' s requests for additional information on the Quarry Hills Project and further stated that the letter to outside agencies with comments on the environmentalimpact report for the Quarry Hills Project would be circulated to the City Council for their review and comment before it was mailed. F. STAFF REPORTS: 1. City Manager : a) Consideration of closing Town Hall. for Volunteer Awards Luncheon (November 4 , 1988) 2. Council Business: Awareness a) Community Health A- se Council L MOTION SECONDED AND CARRIED: Moved by Casey, seconded by van Tamelen and passed unanimously to appoint Mayor Johnson as the Town' s representative the Community Health A pse Council . (SID BY ODU SSI Awareness -8- 11/2/88 F. STAFF REPORTS: (continued) : b) Community Survey van Tamelen noted that Council had received a letter from Elaine Dauber requesting that the Library Commission be contacted for input regarding the community survey which was in the process of being prepared. It was noted that the scope of work for this project had been specifically set forth and approved in the contract with the consultant and could not be expanded upon at this time. c) Town Hall Master Plan Study Session PASSED BY CONSENSUS: To schedule a Study Session on the Town Hall Master Plan for Tuesday, November 22 , 1988 at 5: 00 p.m. in the Council Chambers . MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Johnson and passed unanimously to authorize the closing of Town Hall on Friday, November 4 , 1988 from 11: 30 a.m. to 2 : 00 p.m. for attendance by staff at the Volunteer Awards Luncheon. G. 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 at 5: 00 p.m. on Thursday, November 10 , 1988 . Respectfully submitted, Patricia Dowd, City Clerk _g_ 11/2/88