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HomeMy WebLinkAbout01/07/1987 CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, January 7, 1987 cc: Reel 183 , Tr. I , Side II , 001-end, Tr. II , Side I , 001-466 Mayor van Tamelen called the Regular Meeting of the City Council of the Town of Los Altos Hills to order at 7:35 p.m. in the Council Cham- bers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor van Tamelen and Councilmembers Dronkert, Plummer, Siegel and Tryon Absent: None Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, City Planner Nancy Lytle and City Clerk Pat Dowd Planning Comm: Jean Struthers B. CONSENT CALENDAR: MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to approve the Consent Calendar, specifically: 1. Approval of Warrants: $23 ,470.24 (12/31/86) and $77,861.68 (1/7/87) 2. Resolutions for Adoption: a) Resolution #1-87 accepting a certain deed con- cerning Chapin Road and West Sunset Drive (additional right-of-way for Chapin Road and West Sunset Drive - Lands of Lindsay) b) Resolution #2-87 ordering the performance of certain work (Chapin Road Guardrail , adoptance of plans and specifications and calling for bids) C. PRESENTATIONS FROM THE FLOOR: `' Dr. Joseph Ignatius, 12871 Atherton Court, expressed his concerns to Council about the traffic problems on the section of Robleda near his home. There had been several serious accidents, including one fa- tality and he was very concerned about the safety of his family as well as the damage to his property. Dr. Ignatius recommended a guar- drail be installed at this section of Robleda. Council thanked Dr. Ignatius for his comments and requested that this matter be placed on a Council agenda for consideration. Council also requested that accident statistics be obtained from the Sheriff's De- partment, a recommendation be submitted by staff and a list of the neighbors in the area be obtained. Commissioner Struthers suggested that the Sheriff' s Department be alerted to increase patrol during noon recesses from the schools and on Friday evenings. Staff will look into this suggestion. D. REPORT FROM THE PLANNING COMMISSION: Commissioner Struthers reported that the Planning Commission Meet- ing scheduled for December 24, 1986 had been cancelled. E. PUBLIC HEARINGS: 1. Cable TV - consideration of proposals and decision to enter into negotiations with particular applicant or to delay decision The City Manager summarized his report dated 12/30/86 which included the recommendation of the Cable TV Ad Hoc Committee that Hearst Cablevision be chosen as the preferred company. The recommendation notes, however, that the committee believed that both the United and Sun proposals were strong, viable, though not quite as attractive, alternatives. (Copies of all proposals and reports are on file at Town Hall. ) Mr. Gene Musselman, Hearst Cablevision, thanked the Council for allow- ing Hearst to participate in their franchise search for cable tv. He presented some background on Hearst and reiterated that that are will- ing to commit to building 85% of all existing homes in Los Altos Hills. Lyn Simpson, Sun Cable, presented an update on recent business ac- tivities at Sun and reiterated their interest in providing courteous and efficient cable tv service to the Town. Mario Dieckmann, United, requested a 45 day delay before Council made their decision on this matter. United had already done research and analysis in the Town and now was prepared to spend $8-10,000 to prepare strand maps to determine if it is financially feasible to 4111, -2_ 4111is cable the Town. Mr. Dieckmann also commented that they might be able to bring construction costs down. On the subject of the tower, Mr. Dieckmann reported that LaCresta was no longer suggested as a possible location. Mr. George Beers, Cable TV Ad Hoc Committee Member, commented that he did not see a problem with waiting 45 days. He also noted that Foothill uses United' s equipment and the access channel is owned and funded by United. If another firm were selected by the Town for cable tv, Mr. Beers would think that some financial arrangement would have to be made with United. Mr. Robert Kincheloe, Cable TV Ad Hoc Commit- tee Member, commented that he would prefer to see Council ' s decision based on as much accurate information as possible. Mr. Jerry Currie, 25545 O' Keefe Lane, thought Council should seriously consider the good proposal before them. He felt that if additional in- formation obtained resulted in a negative attitude toward cabling the Town, then Council ' s negotiating position would not be very good. Mr. Musselman, Hearst, commented that the disadvantage to Council ' s not making their decision now was that after he did strand mapping the 85% figure he had already presented to Council might be lowered. Tryon stated that she was against further delays on this matter. A lot of research had been done and Council had good proposals available to them. Dronkert commented the she was not particularly interested in any of the proposals. The only interest she had heard from residents concerned the availability of Foothill Classes and the Access Channel and she understood that unless United were chosen, these might not be available to the residents. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed by the following roll call vote to continue consideration of proposals and decision to enter into negotiations with particular ap- plicant for cable tv for 45 days. AYES: Mayor van Tamelen and Councilmembers Plummer and Siegel NOES: Mayor Pro Tem Tryon and Councilmember Dronkert 2. LANDS OF CURRIE, 25545 O' Keefe Lane, tentative map applica- tion - request for eight lot subdivision (File TM #3-86 APN #175-48-056) The Town Planner referred to her staff report dated 12/31/86 which in- cluded the recommendation that Council approve the proposed eight-lot subdivision for Lands of Currie subject the conditions of approval submitted by the Planning Commission. Mr. Ron Rainey, applicant ' s lawyer, presented a letter to the Council dated 1/7/87 recommending changing the following conditions of V -3- approval : 1.D. , S.E. , and S.F. Regarding condition 1.D. they were as- king that the condition instead require that the Final Map show set- back lines based upon noise readings now and projected noise levels using generally accepted technical methods employed in the profession, or the condition require that the final map state that each lot may be subject to a habitable structure setback line to be dedicated at or prior to issuance of a building permit for habitable structures. Regarding condition S.E. they were requesting the inclusion of the statement that the subdividers would be required to pay only an equi- table portion of the costs of upgrading O' Keefe Lane on this subdivi- sion. For condition S.F. Mr. Rainey' s letter stated construction of the noise mitigation measures was acceptable if bonding was permitted to insure completion after Final Map recordation. Mr. Mohammidian, developer, explained the findings of the noise studies which had been done on the property and Mr. Edward L. Pack, noise consultant, commented on his experience in this area and ex- plained the technicalities of how he approached the studies done on the Currie property. Dr. Bill Fee, Pathways Committee, commented on the pathway easements for the property. Mr. Currie, applicant, requested for exception to Condition 4 requir- ing all lots to be connected to sanitary sewer. He stated that he had spent a lot of money on a new septic system not too long ago and he would like his lot to remain on septic. Mr. Malek, Ace Consulting Engineers, Mr. Mohammidian, developer, and Mr Currie, applicant, each commented on the upgrading of O' Keefe Lane as related to this project and supported equitable sharing by the Town in this project. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously to adopt the negative declaration for Lands of Cur- rie, File TM #3-66, with the mitigating measures as stated in the Con- ditions of Approval . PASSED BY CONSENSUS: To correct any reference to the Pathways Commit- tee in the conditions of approval to the Pathways, Recreation and Parks Committee. PASSED BY CONSENSUS: To delete 'as indicated on the referenced tenta- tive map' from condition 1.C. PASSED BY CONSENSUS: To amend Condition 1.D. to read ' The owner shall dedicate a Human Habitation Setback Limit on the Final Map to follow the 60 dB Ldn noise contour line, as measured on each lot in accor- dance with standards determined by the City Engineer and results found acceptable to the City Engineer. If a proposed setback limit on any lot makes it impossible to provide a building site circle then the tentative map shall be resubmitted for redesign. -4- PASSED BY CONSENSUS: To amend the first sentence of Condition 5.F. to read 'Noise mitigation measures to reduce outdoor and indoor noise shall be approved by the site development committee and constructed unless bonded prior to final map recordation. ' MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously to adopt Resolution #3-87 approving tentative sub- division map of the Lands of Currie (File TM #3-86) subject to the conditions of approval as approved by the Planning Commission and amended by the City Council . 3. LANDS OF FINNEY, 11876 Murietta Lane, File VAR #11-86, appeal of the Planning Commission' s decision to deny without prejudice the variance request to encroach 11 feet into the westerly setback for construction of an addition to an existing residence, and to deny the site development permit for the proposed project. Mayor Pro Tem Tryon stepped down from consideration of this item. Mr. Finney, applicant, explained to the Council his reasons for re- questing a variance. In part, he noted that his addition would fit in with the present landscaping and would have no visual impact. Mr. Fin- ney also commented that he could not move the addition because he would lose a large tree they would like to save. The Adobe Creek ease- ments on his property made this a peculiar lot and restricted what op- tions he had. Mr. Finney also stated that they needed the extra room as his mother-in-law would be staying with them for six months out of the year. In conclusion, the applicant presented new plans for the Council to review and noted that all of his neighbors were in agree- ment with the proposal . Loren Nelson, Gerard Homes, presented a map of the subdivision includ- ing Mr. Finney' s lot and explained the particular restrictions on his property. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed by the following roll call vote to express the intent of the Council to grant the appeal of the Planning Commission' s decisions regarding Lands of Finney based on the exceptional circumstances, the architectural integrity of the house and the new information provided by Mr. Finney and to refer this action back to the Planning Commission for a report. AYES: Mayor van Tamelen and Councilmembers Dronkert, Plummer and Siegel NOES: None ABSTAIN: Mayor Pro Tem Tryon Council discussed the awkwardness of this procedure requiring the mat- ter to go back to the Commission for a report. lie -5- Nip PASSED BY CONSENSUS: To direct the City Attorney to prepare an or- dinance amendment deleting the process of returning the matter to the Planning Commission for a report. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by van Tamelen and passed unanimously to go past the hour of adjournment. F. OLD BUSINESS: 1. Report on Little League Lease - status of Little League expenditures and lease agreement. The City Manager presented his report dated 1/7/87 on the Little League Lease. In part, this report presented a background on the lease with the Little League and expenditures made by the Little League last season to improve the condition of the playing fields. The report also noted that lease negotiations with the Little League would begin in the near future. One of the suggestions in the report was that the ex- penditures made by the Little League be treated as payment in lieu of the lease rental payment and that this issue be included in the nego- tiations on the lease renewal . PASSED BY CONSENSUS: To express agreement with the statements made in the City Manager ' s report dated 1/7/87 on the Little League (on file at Town Hall ) . 1111/ 2. Clarification of Planning Commissioner Patmore' s term (Commissioner Patmore' s term to end June, 1989) Council noted that the December 3, 1986 Council minutes incorrectly state Commissioner Patmore' s term will end in 1987 rather than 1989. 3. Landscape Bond Policy - suggested implementation of policy regarding installation and maintenance of landscaping. This item was continued to the next meeting. G. NEW BUSINESS: 1. Consideration of draft Planning Commission Work Program and possible additions to the program. Council had before them the Town Planner' s draft Planning Commission Work Program dated 12/11/86 and noted that this matter would be dis- cussed and reviewed at the Joint Meeting of the City Council and Plan- ning Commission scheduled for January 13 , 1987. H. OTHER BUSINESS: 1. Reports from Standing Committees: -6- lbw a) Finance Committee - report on Town Audit and annual report to the City Council This item was continued to the next meeting. 2. Reports from Ad Hoc Committees: a) Sub-committee on Zoning Ordinance (recommended revisions to Article 10 , Chapter 1 of the Municipal Code) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously to send the recommended revisions to Article 10 , Chapter 1 of the Municipal Code as submitted by the Zoning Review Committee in their report dated 1/2/87 to the Planning Commis- sion for their comments, recommendations and initiation of ordinance changes. I. STAFF REPORTS: 1. City Manager: 2. City Attorney: 3. City Clerk: labr 4. Council Reports: a) Mayor b) Councilmembers 1) Tryon: League of California Cities Conference Councilmembers Plummer and Siegel stated that they were unable to at- tend the New Mayors and Councilmembers Conference scheduled for Janu- ary 14-16 , 1987. J. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 12 :20 a.m. to an Adjourned Regular Meeting on Tuesday, January 13 , 1987 at 7: 30 p.m. in the Council Chambers at Town Hall . Respectfully submitted, Patricia Dowd, City Clerk -7-