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HomeMy WebLinkAbout02/04/1987 i.. CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, February 4 , 1987 cc: Reel 184 , Tr. I , Side I , 001-376 Mayor Pro Tem Tryon called the Regular Meeting of the City Council to order at 7: 00 p.m. in the Council Chambers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Pro Tem Tryon and Councilmembers Dronkert (arrived at 7: 20 p.m. ) , Plummer and Siegel Absent: Mayor van Tamelen Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright, City Planner {,. Nancy Lytle and City Clerk Pat Dowd Planning Comm: Luis Yanez (arrived at 7: 40 p.m. ) Press: Herb Muktarian , Los Altos Town Crier B. APPOINTMENT TO PATHWAYS, RECREATION AND PARKS COMMITTEE: Council noted that Toni Casey had requested appointment to the Path- ways , Recreation and Parks Committee. Ms. Casey presently serves on the Finance Committee but would be submitting her resignation from that committee. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously by all members present to appoint Toni Casey to the Pathways , Recreation and Parks Committee for a term of two years . C. CONSENT CALENDAR: Item Removed: C. 4 (City Manager) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously by all members present to approve the balance of the Consent Calendar , specifically: 1. Approval of Minutes : January 13 , 1987 (Adjourned Regular Meeting) , January 14, 1987 (Adjourned Regular Meeting) , and January 21, 1987 (Regular Meeting) 2 . Approval of Warrants: $33 , 053 . 63 (1/30/87) %ir, $37, 143 . 17 (2/4/87) 3 . Resolutions for Adoption: a) Resolution #8-87 designating the week of March 8-14, 1987 as 'Women' s History Week' 1 b) Resolution #9-87 commemorating the 50th Anniversary of the Golden Gate Bridge c) Resolution #10-87 approving and authorizing execution of agreement between the Town of Los Altos Hills and M. Bumgarner, Inc. for the Chapin Road Guardrail Project VItem Removed: 4) Approval of revision to final payments to Duran and Venables for reconstruction work done on Conejo and Viscaino Courts The City Manager referred to the City Engineer' s staff report dated ' 2/4/87 which amended the previous report on the subject which Council had received. The amended report requested that Council authorize the issue of warrants to Duran and Venables in the following amounts : $4 , 591 .80 for Viscaino Court and $4 , 123 . 93 for Conejo Court. MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Siegel and passed unanimously by all members present to authorize the issuance of warrants, payable to Duran and Venables , for the amount of $8 , 715 . 73 ($4 , 591. 80 for Viscaino Court and $4 , 123 .93 for Conejo Court) D. PRESENTATIONS FROM THE FLOOR: E. REPORT FROM THE PLANNING COMMISSION: As Commissioner Yanez was not yet present, this report was delayed to later in the meeting. F. PUBLIC HEARING: 1. Final Environmental Impact Report on the Adobe Creek Lodge and Country Club Conditional Use Permit for a 1, 750 membership recreational facility, FILE CUP #3-86 , 26220 Moody Road (consid- eration of approval and certification of the final environmental impact report) The Town Planner referred to her staff report dated 1/29/87 which noted that the Planning Commission at their 1/28/87 meeting recom- mended approval and certification of the Final Environmental Impact Report with recommended modifications to the Executive Summary. -2- Donald Spencer, 27490 Sherlock Road, commented that he felt there were several assumptions made in the EIR. For example, the pattern of usage (rainy or dry months) and the average number of persons in a family membership. Mr. Spencer did not agree with approving the EIR without knowing what the assumptions were. Carol Phy, 25646 Moody Road, commented on the traffic issue. She felt there could be real conflicts with Moody Road as the only access for a project of this size. Sheri Emling, 11853 Murietta Lane, requested clarification of the timelines involved with the EIR. While she felt that the EIR did not address quite a few issues , she also noted that it did support denial of the project. 1 MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed unanimously by all members present to approve and certify the final environmental impact report for the Adobe Creek Lodge and Coun- try Club (conditional use permit for a 1 , 750 membership recreational facility, 26220 Moody Road) with the modifications to the Executive Summary stated in the Town Planner ' s staff report dated 1/28/87. G. OLD BUSINESS : 1. Traffic Safety on Robleda Road (request made by a resident for a guardrail on Robleda Road) ' The City Manager referred to his staff report dated 1/29/87 which noted that additional information should be forthcoming in the near future from the Sheriff ' s Department on the accident history of this stretch of Robleda Road. It was hoped that after review of this docu- mentation, appropriate improvements could be determined. In response to a comment from Mayor Pro Tem Tryon that in January of 1987 there had been four accidents on Robleda, the City Manager responded that the only way he would be able to get information on them would be if they had been reported to the Sheriff ' s Department. In response to Councilmember Siegel , staff noted that the road maintenance study would not be a source of information as to whether this particular area of Robleda had a dangerous curve. Pending the receipt of addi- tional information, the City Manager noted that warning signs had been placed on Robleda. Dronkert arrived at the meeting. PASSED BY CONSENSUS (with Dronkert abstaining) : To request the City Manager to return at a later Council meeting with the additional in- formation, to request that he ascertain the warning signs in place were adequate at this time and to suggest that he meet with Dr. Ig- natius, who originally made the request for a guardrail on Robleda to the Council in order to give him a status report on the matter. 4111/ -3- H. NEW BUSINESS : 1. Request by Mr. Dirk Reed to waive variance fees for a swimming pool on their property Council had before them a letter from Mr. Dirk Reed dated 1/12/87 which noted that the Reeds had decided to wait until their house was completed before they built their swimming pool . As it turned out, however, during this period of time new ordinances were adopted by the Town which affected the maximum development area on their property. While they were prepared to request a variance for the pool , they were asking that the variance fees be waived considering the situation. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to waive the variance fee of $500 for Lands of Reed on Robleda Road for a swimming pool with the notation that the $1, 000 deposit would still be required. 2. Request for waiver of fees for zoning and site development permits in order to process the application of Westwind Barn, 4-H Riding for the Handicapped, to replace 3 pony shelters which were damaged in last year ' s winter storms ( The Town Planner ' s report dated 1/29/87 noted that the above referenced project required a $25 zoning permit and and $50 adminis- trative site development permit. Since volunteer labor and donated funds would be used to complete the project, staff recommended that Council waive the fees and direct staff to process the permits . MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously by all members present to waive the $25 zoning permit fee and the $50 administrative site development permit fee for the application of Westwind Barn, 4-H Riding for the Handicapped, pro- ject to replace 3 pony shelters and to direct staff to process the permits . 3 . Transportation 2000 Plan - request for review and comments (transportation master plan for Santa Clara County) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer and passed unanimously by all members present to approve and commend the Transportation 2000 Draft Final Plan dated December 1986 and on file at Town Hall . 4 . Santa Clara County - Expressway Projects - review and comments (Almaden Expressway, Capitol Expressway and Central Expressway - commuter lane projects) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously by all members present to adopt a position in sup- port of the commuter lane projects on Almaden Expressway, Capitol Ex- pressway and Central Expressway. -4- 5. Response to memorandum from James Beall , Metropolitan L Transportation Commission, concerning transportation �r finance items (request for support for local funding commitment) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to support James Beall ' s ac- tion plan regarding transportation finance items as outlined in his 1/14/87 memorandum to the Transportation Commission and Local Offi- cials . In part this action plan asked that all cities support the County-adopted priority list; asked that the Metropolitan Transporta- tion Commission be aggressive in seeking funds; and that the local funding commitment County-wide be recognized as an important factor in the Metropolitan Transportation Commission ' s project priority rating criteria. I . OTHER BUSINESS: 1. Reports from Standing Committees: a) Community Relations Committee Council had before them the Community Relations Committee report dated 2/1/87 as prepared by Committee Chairman Grace Allison. Council thanked the committee for the report and commended them on their many activities. In particular, Council thanked the Committee for partici- pating in the Senior Awareness Day held on February 4th at the Hillview Community Center and for arranging the Welcoming Party for new residents, scheduled for Sunday, February 15 , 1987 at the Heritage House. 2 . Reports from Ad Hoc Committess : J. STAFF REPORTS: 1 . City Manager: a) Town Land Use Voting Policy The City Manager referred to his staff report dated 1/30/87 which noted that at an earlier meeting it had been suggested that a Town Land Use Voting Policy be established that would use the Town or- dinance standard for notices to affected property owners (those within 300 ' ) as a minimum standard to judge if a Councilmember or Commis- sioner should abstain from participating in a land use decision be- cause of the high potential for at least the appearance of a conflict of interest. If Council determined this was the action they wished to take, it was recommended that they direct staff to prepare a policy statement for consideration of approval at a later meeting. -5- l Council discussed the proposed policy. Plummer reiterated the State �r statutes concerning financial interest as previously noted by the City Attorney during an earlier meeting. Plummer commented that it was in- evitable that a major change to a nearby property would result in a financial interest. He urged anyone in such a position to use good judgement and common sense and not vote . Dronkert commented that in the past there had been occasions when Councilmembers had voted on such issues and occasions when they had not. As these decisions could have a material effect, she suggested that a policy using the same criteria for public hearings would be a good idea. Tryon believed this was a well-intentioned effort. However, the Council had not been challenged on a vote to date and she was not comfortable attempting to legislate the voting process . Donald Spencer, 27490 Sherlock Road, was not in favor of the 300 ' limitation and suggested an alternative be considered. He noted that in his particular case due to the nature of the terrain around his property, there were about two properties within 300 ' but about ten properties outside of the 300 ' which would have a visual impact on his property. Mr. Spencer further suggested clarification of what may constitute a conflict of interest. Judy Zurbriggen, 11800 Murietta Lane, stated that she had conducted a survey of all general law cities in Santa Clara County and none of them had any additional guidelines other than those imposed by State Law. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed by the following roll call vote to direct staff to draft a Town Land Use Voting Policy Statement for consideration of approval at a later meeting. AYES: Councilmembers Dronkert, Plummer and Siegel NOES: Mayor Pro Tem Tryon ABSENT: Mayor van Tamelen b) Landscape Bond Policy - suggested implementation of policy regarding installation and maintenance of landscaping The City Manager referred to his staff report dated 1/29/87 which sug- gested the following program be implemented to replace the existing landscape bond procedure: The Town would establish a requirement that a landscape cash deposit surety must be filed with the Town prior to obtaining a building permit whenever the Site Development authority has required landscap- ing as a condition of approval . The Town would also establish a landscape fund from which the Town would partially pay for landscaping installation and maintenance on publicly-owned property. -6- A landscape inspection by the Town would be performed one year after the date of cash deposit to determine if the required landscaping was installed. If the required landscaping was not installed the cash deposit would become a landscape in lieu payment to the landscape fund to be used for fund purposes . If the required landscaping was in- stalled, 50% of the cash deposit would be returned to the depositor and an additional landscape inspection would be made one year later. If this second landscape inspection revealed that the required landscaping had died the remaining cash deposit would become a landscape in lieu payment to the landscape fund. If the required landscaping was alive and healthy the remaining deposit would be returned to the depositor. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to direct staff to prepare the documents necessary to implement the landscape bond policy program for presentation at a later Council meeting and to request that the Environmental Design and Protection Committee receive a copy of the proposed landscape bond policy. c) Presentation by Mr. Guy Pang Mr. Guy Pang, 12025 Moody Springs Court, asked for clarification of the public hearing held earlier in the meeting on the EIR for the ` Adobe Creek Lodge. He did not think the EIR was complete and wanted 4111, to restate the points made in his previously submitted letter on the subject. Mr. Pang also expressed concern that the notice of public hearing he had received had incorrectly stated the time of the public hearing as 7 : 30 p.m. It was noted that Council had changed the starting time of the Council meetings to 7 : 00 p.m. and inadvertently the standard public hearing notices had not been corrected to reflect this change. However, it was also noted that the agenda for the meeting had the correct new time. Council further commented that this second public hearing on the subject was not required by law and that they had all received and read Mr. Pang' s letter on the matter. At the scheduled public hear- ings on the conditional use permit Mr . Pang would have an opportunity to restate his comments and concerns on the project. In fact that would be the more appropriate time for the comments to be heard. 2 . Report from Planning Commission: Commissioner Yanez reported that the following actions were taken at the 1/28/87 Commission Meeting: 1) Lands of Sturm, 27070 Sherlock Road, request for a variance to retain an existing fence - denied without prejudice; 2) Final Environmental Impact Report - Adobe Creek Lodge and Country Club - Conditional Use Permit application for 1, 750 membership - recommended approval and certification of Final EIR; and 3) continued the Lands of Bellucci, File TM #1-86 for the Environmen- tal Impact Report and Tentative Map for eleven lot subdivision. Yanez 11111/ also requested that Council authorize the attendance of two Commis- sioners at the Planning Commissioners Institute -7- MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer and passed unanimously by all members present to add the following item to the agenda under Council Business : Authorization to attend Planning Commissioners Institute. 3 . City Attorney: 4 . City Clerk: Report on Council Correspondence dated 1/29/87 5. Council Business: a) Mayor: 1) Council Appointments (recommended appoint- ments to Standing Committees and outside agencies PASSED BY CONSENSUS: To defer action on this item until Councilmember Dronkert had an opportunity to discuss her appointment to the In- tergovernmental Council with the Mayor. b) Councilmembers: 1) Dronkert -- Intergovernmental Report: Trails and Pathways and Appointment Recommendations Dronkert commented on the January 1987 issue of the Trails and Path- ways News which reported on the Urban Trails Study. Dronkert also noted that at the Intergovernmental Council Meeting scheduled for 2/5/87 the Trails and Pathways Committee was recommending that the IGC encourage the County Parks and Recreation Commission, the City of San Jose, Caltrans, and the Santa Clara Water District to assist the City of Campbell with funding to complete the Los Gatos Creek Trail . Regarding appointments , Dronkert suggested that the Council ' s recom- mendation for appointment to the Advisory Council of the Council of Aging be Ruth Koehler, current Chairman of the Los Altos Senior Coor- dinating Council and former Mayor of Los Altos. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to recommend Ruth Koehler be appointed to the Advisory Council of the Council of Aging. 2) League of California Cities - Planning Commissioners Institute - March 11-13, 1987, Sacramento MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to authorize two Planning Commissioners to attend the Planning Commissioners Institute in March, 1987 . -8- K. EXECUTIVE SESSION: PERSONNEL: The City Council adjourned to an Executive Session for purposes of personnel at 8 : 15 p.m. and reconvened at 9 : 25 p.m. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to authorize a 5% salary in- crease for the City Manager effective February 13 , 1987. L. ADJOURNMENT: There being no further new or old business to discuss , the City Coun- cil adjourned at 9 : 30 p.m. Respectfully submitted, Patricia Dowd, City Clerk -9-