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HomeMy WebLinkAbout03/04/1987 1.. CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, March 4, 1987 cc: Reel 184 , Tr. I , Side I , 489-end, Tr. I , Side II , 001- 483 Mayor van Tamelen called the Regular Meeting of the City Council to order at 7: 05 p.m. in the Council Chambers at Town Hall . A. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor van Tamelen and Councilmembers Dronkert (arrived at 7 : 25 p.m. ) , Plummer, Siegel and Tryon Absent: None Staff: City Manager George Scarborough, City Attorney Frank Gillio, City Engineer Michael Enright and City Clerk Pat Dowd Planning Comm: Jean Struthers (arrived at 7 : 40 p.m. ) Press : Jon Baker, San Jose Mercury: Herb Muktarian, Los Altos Town Crier Mayor van Tamelen noted that the applicant had withdrawn the applica- tion for Lands of Bellucci; therefore, no public hearing would be heard on this matter. B. CONSENT CALENDAR: Item added: The City Manager noted that the Lands of Miller had in- correctly been placed on the agenda under Reports from the Planning Commission and should be moved to the Consent Calendar. Item removed: Lands of Miller (removed by van Tamelen for Dronkert) MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed by all members present to approve the balance of the Consent Calendar , specifically: 1. Approval of Minutes : February 18, 1987 (van Tamelen abstained) CONSENT CALENDAR (continued) : 2 . Approval of Warrants : $29 , 091 . 44 ( 2/28/87) $40 , 609 . 29 ( 3/4/87) C. PRESENTATIONS FROM THE FLOOR: William Phy, Moody Road, asked Council to move Item F. 5 (Town Land Use Voting Policy) to Item F .1 as several residents were present who wished to address this issue. Mr. Phy also asked what the time frame was for the review of the General Plan. In response to this query, the Mayor outlined the recently approved work program of the Planning Commission. Teddi Schick, Weston Road, wanted to know if the withdrawal of the Bellucci application was a ploy to bring it back at a later time. Alma Wood, Stonebrook, asked why Council could not consider the Bellucci application at this meeting, deny it and be done with the matter for good. In response to these questions, the City Attorney responded that once the application was withdrawn that was the end of that matter. Under the Zoning Ordinance another application could be filed and the entire process would start all over again. The City Attorney further noted that the Council could not make a decision once an application had ' been withdrawn. 4111, Steve Hunton, Murietta Lane, stated that he thought the General Plan should be reviewed to eliminate recreational use of the Adobe Creek property. The City Manager commented on the review of the General Plan, noting there would be citizens ' advisory committees and public hearings . Edward Emling, Murietta Lane, asked if the residential development referred to in the withdrawal letter, meant single family residences . P33e-�Qsflef)se-wag-7es Council responded that the Town's zoning only allowed for singlefamily residences with a one acre minium. (AIMED BY °AR CIL 3/18/87) Betsy Bertram, Page Mill Road, stated that rumors had been going around concerning cluster housing on the property. Ken Pastrof, developer, commented on the project he was working on on Old Trace Road. He noted that some plans had been drawn in error and he wondered if Council would be willing to consider his request for certain changes to the project. As Council had no background inform- mation on this matter and as it had not be on the posted agenda , they agreed to consider Mr. Pastrof ' s request at the next Council meeting. D. ITEM REMOVED FROM THE CONSENT CALENDAR: 1 . LANDS OF MILLER, FILE VAR # 17-86 and TM 6-86 , 11920 Rhus Ridge Road, variance to encroach into setback and height envelope for all existing structures, and Lot Line Adjustment between Miller and E11I Duveneck properties. _2- ITEM REMOVED FROM THE CONSENT CALENDAR: (continued) : Dronkert thanked the Mayor for removing this item from the Consent Calendar in her absence. Dronkert noted that she had been the Council representative at the Planning Commission meeting when this matter had been discussed and it was not an ordinary variance. The property had several structures on it, some not conforming and some in the set- backs. Dronkert did note, however, that the Planning Commission had looked at the application carefully and just wanted Council to know that it was a very complicated matter. MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed by the following roll call vote to concur with the Planning Commission ' s approval of the Lands of Miller, File VAR #17-86 and TM 6-86 , 11920 Rhus Ridge Road, variance to encroach into setback and height envelope for all existing structures , and Lot Line Adjustment between Miller and Duveneck properties . AYES: Mayor van Tamelen and Councilmembers Plummer, Siegel and Tryon NOES: Councilmember Dronkert E. REPORT FROM THE PLANNING COMMISSION: Commissioner Struthers reported that the following issues were dis- k IS cussed at the 2/25/87 Planning Commission Meeting: 1) recommendation to the Council for adoption of the proposed Ordinance amending Chapter 5 entitled ' zoning' of the Town Code by amending Sections 10-1. 1109 and 10-1. 1110 concerning referral of matters appealed to the Planning Commission; 2) Lands of Miller , File VAR #17-86 and TM 6-86 - approved; 3) Lands of Del Monte Developers, File TM #5-86 - continued; and 4) Lands of Currie, O' Keefe Lane, request for site development permit for proposal to construct sound berms and walls, landcsape plan for proposed subdivision - partially approved - will come back with redesign. F. PUBLIC HEARINGS: 1 . LANDS OF BELLUCCI , FILE CUP #3-86 , 26220 Moody Road, conditional use permit for operation of a non-profit recreation facility on the Adobe Creek Lodge Property, 1 , 750 family licensee members This application was withdrawn by Mr . Bellucci and Mr. Gaither in a letter dated March 4 , 1987 . G. OLD BUSINESS: 1 . Traffic Safety on Robleda Road The City Manager referred to his staff report dated 3/4/87 which noted I -3- ` OLD BUSINESS (continued) : that the item had been continued from the previous meeting to allow staff to meet with Dr .and Mrs. Ignatius on their property to discuss the impact of a guardrail on Robleda. The staff report also included the following recommendations: direct staff to proceed with improve- ment #1 - installation of a yellow flashing light on a pole with cau- tion curve sign and caution slippery when wet curve sign. The flash- ing light and signs would be installed on the Alta Tierra side of the curves on Robleda between Alta Tierra and Brendel , and improvement #2 - ' smooth' out the curves between Alta Tierra and Brendel , preferably by widening Robleda on the outside (Brendel ) of the curves . The staff report further noted that if Council found construction of the guar- drail along the Ignatius property to be appropriate, staff should be directed to proceed. Dr. Ignatius, 12871 Atherton Court, thanked the staff for their help in this matter and noted that he agreed with all the recommendations . He did note that signs were often defaced and torn down and thought flashing lights were a good idea. Sheri Emling, 11853 Murietta Lane, suggested the placement of signs similar to those above Foothill College. She expressed concerns about the Town' s liability. Jean Struthers, 13690 Robleda Road, expressed concern about flashing lights and also about the narrow area left for bicyclists if Robleda were widened. Betsy Bertram, 11854 Page Mill Road, stated that she felt there were a number of areas in Town that were dangerous and the real problem was speeding. She suggested more citizens watch out for speeders and report license plate numbers. Ken Pastrof, former resident of the Town, suggested it was more a problem of enforcement than traffic. He often saw people speed by or find themselves lost and try to turn around. Tryon and Dronkert expressed support for signs but not flashing lights. Tryon supported a guardrail . Dronkert reiterated that it was not that she did not feel Robleda was a problem area but she did feel there were several other areas in the Town as well and this was sub- stantiated by the accident reports received from the Sheriff ' s Depart- ment. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed by the following roll call vote to direct staff to install signs (not flashing lights) on either side of Robleda where the acci- dents have occurred, to direct staff to pursue the installation of a guardrail (on the Ignatius side of Robleda Road) , and to direct staff to request proposals for the smoothing out of the curves between Alta Tierra and Brendel . -4- OLD BUSINESS (continued) : AYES: Mayor van Tamelen and Councilmembers Plummber, Siegel and Tryon NOES: Councilmember Dronkert 2 . Lands of Gilfoil , Carillo Lane - decision to proceed with nuisance abatement procedure - setting of public hearing for next Council meet- ing and notification of property owner MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously to adopt Resolution #15-87 setting the time and place of a hearing to determine whether the conditions that exist on the real property described as 13470 Carillo Lane, Los Altos Hills, California constitute a public nuisance. Mr. Paul Borg, 13452 Carillo Lane, thanked Council for their support in this matter. 3 . Town Land Use Voting Policy Council had before them a resolution prepared by the City Attorney which would establish the following as a policy concerning voting on land use matters: 'No member of a Commission or Committee or of the City Council of the Town of Los Altos Hills shall vote on any applica- tion concerning or dealing with the use of land, or any portion or (kW aspect thereof, which is before a Commission or Committee or the City Council itself if the member owns or leases real property within three hundred feet of the property which is the subject of the application, in order to avoid the appearance of any potential conflict of in- terest. ' Teddi Schick, Weston Road, referred to the Mayor ' s column in the most recent issue of the Town Crier and disagreed with the statement that the biggest problem the Town has ever experienced involved conflict of interest. Mrs. Schick thought it was the zoning ordinances. Edward Emling, 11853 Murietta Lane, made a statement which included the following points for the record: 1) He felt this policy would result in exclusionary lawmaking and violated his civil rights; 2) He noted the key word was ' interest' . He had no financial interest in the Town other than his own home; and 3) Conflicting views do not result in confict of interest. James McCleery, 25910 Moody Road, asked how the 300 ' figure was ar- rived at. Upon receiving the explanation that this figure was used for notification for all land use applications , Mr. McCleery thought it interesting that those within 300 ' were notified but because they were within 300 ' they couldn ' t vote on the matter. -5- OLD BUSINESS (continued) : 11111/ Bob Poole, 26041 Moody Road, stated his opinion that it looked like the Council was trying to disenfranchise a particular person. Judy Zurbriggen, 11800 Murietta Lane , reiterated that she had con- tacted the other nine general law cities in the County and not one of them had a policy on conflict of interest other than the State regula- tions . Sheri Emling, 11853 Murietta Lane, thought that the policy Council was considering was a frightening concept but she thought the motives were well intentioned. Mrs . Emling found it frightening to think that the Council would consider removing a person' s vote because of a conflict- ing opinion not a conflict of interest. Betsy Bertram, 11854 Page Mill Road, noted how pleased she was when Council accepted Mr. Emling ' s application for Planning Commission. In her opinion, he was ethical , straightforward, fair and honest and Council was now considering taking away the right of one of their rep- resentatives to vote. Mary Steers , 11641 Buena Vista, stated for all the years she had lived in the Town neither the Commission nor the Council would vote on such issues; it was not the right way to do business. Carol Phy, 25616 Moody Road, read a statement into the record which in part stated the following: 'We strongly urge that you consider the ramifications of the resolution and withdraw it immediately such that you not be tainted with an act that undermines the founding principles of the Town. ' (A complete copy of Mr. and Mrs . Phy ' s statement dated March 4 , 1987 is on file at Town Hall . ) Fran Stevenson, 26989 Beaver Lane, commented that she thought it was unfortunate that the neighbors were so emotionally involved. Histori- cally, Councilmembers had stepped down on such issues and it seemed self evident that they would do so. Siegel commented that the overriding goal was that the hearings at the Council and Planning Commission meetings be fair and honest. Plummer thought that it was obvious one would not vote on certain issues. In his opinion not voting would prevent possible future litigation and would also prevent possible pressure from neighbors to make a certain vote. Dronkert noted that in the past Councilmembers did not always step down on certain issues . She thought it was a matter of prudence and good judgment. While Dronkert thought it made sense to be con- sistent, she was not in favor of the policy as she thought it was too burdensome. Tryon commented that she thought the policy was well- intentioned but she was uncomfortable in determining a certain geog- raphical distance. -6- OLD BUSINESS (continued) : van Tamelen apologized for the delay but stated that she was unable to vote on this matter at this time. She wanted more time to consider her decision and would be prepared at the next meeting to make a statment. * van Tamelen did comment that the discussion of the policy statement was not directed toward one person nor one issue. She also noted that the issue had become a very emotional one and further clarified that Commissioner Emling had been appointed to the Planning Commission for his good judgment and was not appointed to represent area of the Town. MOTION SECONDED AND WITHDRAWN: Moved by Siegel , seconded by Plummer and withdrawn to adopt a resolution establishing a policy concerning voting on land use matters. PASSED BY CONSENSUS: To continue consideration of the Town Land Use Voting Policy to the next Council Meeting. 4 . Resolution # approving and authorizing execution of second ad- dendum to amended lease between the Town of Los Altos Hills and Hills Little League, Inc. The City Manager referred to his staff report dated 3/4/87 concerning the amendment of the lease between the Town and the Little League. van Tamelen suggested that the Pathways, Recreation and Parks Committee be asked to look into additional uses for the little league fields. Fran Stevenson, Chairman - Pathways , Recreation and Parks Committee, stated that they had looked into this matter before but not with much success. Neither horses nor dogs on the fields were appreciated and the gopher holes caused problems for soccer players. However, she would ask her committee to again review the situation. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer and passed unanimously to adopt Resolution #16-87 approving and au- thorizing execution of second addendum to amended lease between the Town of Los Altos Hills and Hills Little League, Inc. 5 . Ordinance #311 amending Chapter 1 entitled 'City Council ' of Title 2 of the Los Altos Hills Municipal Code concerning Council meetings and order of business (SECOND READING) MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to waive further reading of Ordinance. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to adopt Ordinance #311 amending Chapter 1 entitled ' City Council ' of Title 2 of the Los Altos Hills Municipal Code con- cerning Council meetings and order of business 4� *van Tameless also stated that there could be no additional public raiment on this hir subject at that time as those interested had had the opportunity to address the issue during this meeting. (AMENDED BY COUNCIL 3/18/87) -7- H. NEW BUSINESS: 1. Request from Rick Bell for relief from road covenant The City Engineer ' s report dated 2/26/87 included background informa- tion on the creation of the covenant in 1960 and the request from Mr . Bell for release of the road dedication covenant in the vicinity of Black Mountain and Ursula Lane. The report further included the recom- mendation that Council release the covenant from the lands and un- dertake abandonment proceedings as required by law. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to concur with the request from Mr. Bell for relief from road covenant as a matter of policy and to direct the City At- torney to proceed to prepare the appropriate paperwork. 2. Request from IGC Trails and Pathways Committee for support of certain road improvements on Arastradero Road Artemas Ginzton, Co-Chairman of the Intergovernmental Council Trails and Pathways Committee, addressed the Council concerning her letter dated 2/20/87 on improvements to Arastradero Road. Mrs. Ginzton noted that a field trip had been taken in February of 1986 but unfortunately the report of this field trip did not reach all concerned jurisdic- tions. Mrs. Ginzton was at this time requesting support of the follow- ing road improvements to Arastradero: 1) scraping and sweeping to ex- pose the full road bed; 2) two 11-foot travel lanes with center divider, double yellow lines and buttons; and 3) edge marked five foot shoulder for bicycle lanes in both directions . It was noted that City of Palo Alto would be financing their part of the project out of City maintenance funds . Jean Struthers , 13690 Robleda Road, noted that she had gone on the field trip and also commented that the Town ' s bike path in this sec- tion was in good condition. Ruth Buneman, Chairman - Safety Committee, inquired whether work was being done on the other side of Page Mill Road and was advised it was scheduled. Mrs . Buneman also noted it was important to keep bike paths cleared of debris. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to support the policy of safe bike lanes , to direct staff to proceed with improvements outlined in the 2/20/87 letter from Mrs. Ginzton and to coordinate completion of the project with Palo Alto. The City Manager asked if his understanding that the staff had author- ization to proceed with the improvements unless there was a conflict with the Palo Alto plans was correct. Council noted this was correct. -8- NEW BUSINESS (continued) : 3 . Request from Mr . and Mrs . Albert Horley, 27227 Black Mountain Road, for reduction of variance fee Mrs . Albert Horley, applicant, requested a reduction in the variance fee for their application to reroof a portion of their home. She noted that none of the neighbors had objected to their project and the pro- cess to date had taken a long time and had been costly. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer and passed unanimously to reduce the variance fee for Mrs. Albert Hor- ley, 27227 Black Mountain Road, from $500 to $300 and to have the $1,000 remain in place. 4 . Lands of Carse, Altamont and Taaffe, request for the following a) Encroachment Permit b) Geotechnical Covenant Modification Council had before them two staff reports dated 2/26/87 from the Town Planner. Staff did not recommend that strucutures, such as driveways , be allowed within conservation easements but staff did recommend that the Council adopt a motion directing the City Attorney to amend the covenant to include provisions allowing the work proposed within the covenant restricted area, subject to the conditions as required by the Town Geologist. Mr. Steinberg, applicant' s architect, explained to the Council that the conservation easement was in that location for the preservation of the trees . They were very sensitive to this issue and were requesting a driveway through the conservation easement which would give them ac- cess to their property and would also preserve the trees. MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously to grant encroachment permit for a driveway through the conservation easement on Lands of Carse, with the assurance of the architect of the preservation of the trees and with the approval of the Site Development Committee. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Tryon and passed unanimously to direct the City Attorney to amend the covenant regarding Lands of Carse to include provisions allowing the work pro- posed within the covenant restricted area, subject to the conditions as required by the Town Geologist. I . OTHER BUSINESS: 1 . Reports from Standing Committees : a) Environmental Design and Protection -y- OTHER BUSINESS (continued) : bloir MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to accept the Semiannual Report from the Environ- mental Design and Protection Committee dated 3/4/87 and to thank the Committee for their report and contributions to the Town. 2 . Reports from Ad Hoc Committees: a) Sub-committee on Zoning Ordinance In response to a question from Council as to the status of the modifi- cations to the zoning ordinance as proposed by the sub-committee, the City Attorney responded that he had received the materials and public hearings would be scheduled for both the Planning Commission and the City Council . J. STAFF REPORTS: 1. City Manager : a) Clarification of City Council Budget Expenditure for travel and meetings It was agreed the City Manager would bring back a policy statement at C the next Council meeting which included the following: $150/month salary for each Councilmember, $20 reimbursement for each meeting in Santa Clara County attended by the Councilmember assigned to that par- ticular agency and reimbursement for expenses outside of Santa Clara County if approved by Council . b) Request for approval of Countywide coordination of Toxics/Hazmat Programs (hazardous materials programs) PASSED BY CONSENSUS: To direct the City Manager to write a letter stating the Council ' s support of the Countywide Coordination of Toxics/Hazmat Programs. 2 . City Attorney: 3 . City Clerk: Report on Council Correspondence dated February 25 , 1987 4 . Council Business: a) Mayor 1) Council Appointments (recommended appointments to Standing Committees and outside agencies) -10- STAFF REPORTS (Continued) : PASSED BY CONSENSUS: To approve the following Council appointments: Community Relations William Siegel Environmental Design & Protection Louise Dronkert Finance James Plummer Pathways, Recreation and Parks Mary van Tamelen Roads and Drainage Barbara Tryon Safety William Siegel ABAG James Plummer CHAC James Plummer Emergency Council Barbara Tryon ICC Mary van Tamelen IGC William Siegel LOCC - Peninsula Division Mary van Tamelen Mayor ' s Conference Current Mayor Transportation Barbara Tryon SCVWD Northwest Flood Control Advisory Committee Michael Enright (staff) William Siegel (alternate) Santa Clara Valley Water Commission Louise Dronkert 2) Bullis School - l,txaeheer# Invitation *Launching of Balloons van Tamelen noted that she had just received an invitation for all the Council from Bullis School for a 3mmrheot# on March 6th for the ' Bullis Bear Playgrounds ' . Copies of the invitation would be distributed to the Council . *launching of ballcons (AMErIDED BY COUNCIL 3/18/87) b) Councilmembers 1) Dronkert: Request for support of National Recycling Policy This item was continued to the next meeting. 2) Tryon: EOC-to EOC Radio Test Tryon asked if the Town successfully participated in the first monthly test of the countywide EOC-EOC radio network conducted by County com- municiations . Staff responded that the Town was on-line and participa- tin was successful . Dronkert (AMENDED BY COUNCIL 3/18/87) 3) rgEjMN -: Welcoming Party and Duveneck Reception It was agreed that thank you letters would be sent from the Mayor to Grace Allison for her work on the Welcoming Party and Duveneck Recep- tion l and to Marjorie Kellogg for her work on the Duveneck Reception. -11- ( STAFF REPORTS (continued) : 4) Siegel : Small Cities Round Up Siegel expressed an interest in attending the Small Cities Round Up scheduled for March 19-20 , 1987 in Davis. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to authorize the attendance of two Councilmembers at the Small Cities Round Up in Davis, March 19-20 , 1987. 5) Dronkert: Community Health Abuse Council Dronkert noted that CHAC provided an important service to the com- munity but she did have some concerns about the decision making pro- cess of the Board and the ability of the staff to work effectively and cost efficiently. Dronkert expressed the opinion that CHAC was paying too much for the recently acquired property for a new site and she stated a review of the JPA was in order. Dronkert further asked the City Attorney to prepare a statement on the Town ' s obligations should CHAC fail to meet its financial responsibilities for the property being purchased. K. ADJOURNMENT: There being no further new or old business to discuss, the City Coun- cil adjourned at 10: 35 p.m. to an Executive Session for Litigation at 6: 30 p.m. on Wednesday, March 18 , 1987 in the Council Chambers at Town Hall . Respectfully submitted, Patricia Dowd, City Clerk hlro -12-