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HomeMy WebLinkAbout03/18/1987 L CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, March 18 , 1987 Reel 184 , Tr. I , Side II , 484-end, Tr. II , Side I , 001-475 A. EXECUTIVE SESSION: LITIGATION (Pursuant to Government Code Section 54956. 9 (a) Mayor van Tamelen called the Executive Session to order at 6 : 30 p.m. and called the Regular Meeting of the City Council to order at 7: 20 p.m. in the Council Chambers at Town Hall . B. 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: Lee Patmore Press : Herb Muktarian, Los Altos Town Crier C. CONSENT CALENDAR: Items Removed: C.1 (Tryon) , C .4c) and d) (City Manager) MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Tryon and passed unanimously to approve the balance of the Consent Calendar, specifically: 2 . Approval of Warrants: $43 , 836 . 19 3 . Actions of the Planning Commission: approved the following: a) LANDS OF RENEAU, FILE VAR #3-87 , 13149 Byrd Lane, request for variance to encroach into a forty foot setback area by one foot for a bathroom addition CONSENT CALENDAR (continued) b) LANDS OF GASKILL, FILE VAR # 1-87, West Sunset Drive, request for variance to exceed the maximum development area for the lot by 580 square feet for the purpose of constructing roof overhangs . 4. Resolutions for Adoption: a) Resolution #17-87 determining that the work required to repair the Westwind Barn septic tank system needs to be performed immediately on an emergency basis, and author- izing the entering into of a contract therefor b) Resolution #18-87 declaring a surplus in sewer assessment district nos. 1 and 2 , and directing transfer thereof to the Los Altos Sewer Basin Fund Items Removed from the Consent Calendar: 0 1. Approval of Minutes : March 4 , 1987 Council requested that the Environmental Design and Protection Commit- , tee receive a copy of the minutes pertaining to acceptance of their committee report. ' MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously to approve the minutes of the March 4 , 1987 Council meeting with the following corrections: page 2 , Item C, fifth para- graph should read: ' meant single family residences . Council responded that the Town' s zoning only allowed for single family residences with a one acre minimum. ' ; page 7 , Item 3 , first paragraph, insert the following as the third sentence: 'van Tamelen also stated that there would be no additional public comment on this subject at that time as those interested had had the opportunity to address the issue during this meeting. ' ; page 11 , item 2) lunching invitation should be corrected to launching of balloons invitation; and page 11 , item b) 3) Dronkert, not Tryon, brought up the subject of the Welcoming Party and the Duveneck Reception. Betsy Bertram, 11854 Page Mill Road, referred to the section of the March 4 , 1987 minutes on the Town Land Use Voting Policy and asked if a vote could be taken on this matter without additional public com- ment. The City Attorney responded that it did not require a public hearing and could be voted on by the Council . It was also pointed out that Mrs. Bertram had been present at the March 4th meeting and had expressed her views on the subject at that time. -2- 3/18/87 r ITEMS REMOVED FROM CONSENT CALENDAR (continued) : 2. Lands of Carse: items C. 4.c) and d) The City Manager noted that the resolutions for Lands of Carse con- cerning the encroachment permit and the covenant needed corrections and would be on the next agenda ' s consent calendar. D. PRESENTATIONS FROM THE FLOOR: Betsy Bertram, 11854 Page Mill Road, stated that she had heard the Town had received additional information from the Los Altos Police De- partment on the possibility of their providing police services to the Town. Mrs. Bertram stated she supported the option of receiving po- lice services from the Los Altos Police Department. For one thing she thought they could provide much quicker response times to the Town. E. REPORT FROM THE PLANNING COMMISSION: Commissioner Patmore reported that the following actions were taken at the March 11 , 1987 Planning Commission Meeting: 1) Lands of Del Monte Developers , File TM #5-86 , Three Forks Lane, recommended approval of negative declaration and tentative map for five lot subdivision; 2) Land of Reneau, File VAR #3-87, 13149 Byrd Lane, approved request for variance to encroach into forty foot setback area by one foot, and site development permit for bathroom addition; and 3) Lands of Gas- kill , File VAR #1-87, Lot #2 , West Sunset Drive, approved request for variance to exceed the maximum development area for the lot by 580 square feet for the purposes of constructing roof overhangs and denied request for variance for deck and additional floor area. F. PUBLIC HEARINGS: G. OLD BUSINESS: 1. Town Land Use Voting Policy Council had before them a resolution establishing a policy concerning voting on land use matters. Council agreed to hear additional brief comments on this subject. Betsy Bertram, 11854 Page Mill Road, asked if David Bellucci threatened to sue if Commissioner Emling voted on the Adobe Creek Lodge issue. Sheri Emling, 11853 Murietta Lane, noted that she did not think the Council would decide on this issue lightly. She felt there was a definite fear of litigation which was frightening but it was not right to take away a neighborhood ' s voting rights . In her opinion the 300 ' � figure was arbitrary and was an imperfect law. She was not angry but � she was very disappointed. -3- 3/18/87 Town Land Use Voting Policy (continued) Judy Zurbriggen, 11800 Murietta Lane, concurred with Mrs. Emling ' s comments and also stated the 300 ' figure was arbitrary and would be challenged. Judy Carico, 25311 O' Keefe Lane, asked if the proposed policy would hold up legally and the City Attorney stated that if the policy was in place the courts would have to respect it. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and passed by the following roll call vote to adopt Resolution #19-87 es- tablishing a policy concerning voting on land use matters AYES: Mayor van Tamelen and Councilmembers Plummer and Siegel NOES: Mayor Pro Tem Tryon ABSENT: None ABSTAIN: Councilmember Dronkert Dronkert stated that the fear of litigation had nothing to do with the actions of the Council . She further stated that she would prefer that Councilmembers and Commissioners acted prudently and used good judgement; therefore, she abstained. van Tamelen stated that this ac- tion was not related to one person or one issue, nor was it intended to replace State Law. It was an additional policy adopted by the Town. Plummer commented that this had been a difficult issue and he hoped that now everyone could resolve their differences and continue on with the Town' s business. Tryon reiterated her statement that she was uncomfortable with establishing a geographical distance related to conflict of interest. H. NEW BUSINESS: 1. Request from Spanish Terrace Joint Venture (11676 Dawson Drive) for reinstatement of maximum development area for the property which was in effect prior to the adoption of Ordinance #300. Request for variance withdrawn. ' Bobbie Dolton, realtor and owner of property at 11676 Dawson Drive, addressed the Council concerning the recently completed construction of the home on 11676 Dawson Drive. Mrs . Dolton noted that during con- struction they had carefully retained approximately 900 square feet of development area so that the future owners would have some leeway in future development of the property. Recently she was advised that due to ordinance changes, this property no longer had the additional de- velopment area and she was requesting reinstatement. Mrs. Dolton fur- ther commented that she had not be advised of the change in ordinances which would affect her property. Sir -4- 3/18/87 NEW BUSINESS: Item 1 (continued) Dronkert noted that there had been quite a bit of news coverage con- cerning the Town' s new ordinances and the City Planner commented that she had spoken on the subject to the Board of Realtors and it was her recollection that Mrs . Dolton had been present at that time. Council stated that they did not have the authority to reinstate the develop- ment area but the variance procedure was an option for any future owners and Mrs . Dolton should so advise them. 2 . Request from Fred Carnes, 14090 Tracy Court, for waiver of the $375 . 00 zoning and site development fees for his application to construct berms, walls and landscaping along the front of the lot Council had before them a request for waiver of fees from Mr . Carnes who cited time delays and accumulated fees paid as his reasons for the request. The Town Planner ' s staff report dated 3/12/87 noted that Mr. Carnes had been charged the same fees as any other resident would be charged in order to make the improvements he proposed, except in the case of the fire-destroyed residence for which planning fees and permits were waived. The staff did not classify the request as ' minor ' and did not recommend a fee waiver. Council commented that the fees were intended to cover the Town' s costs in processing an application and Dronkert stated that it was im- portant to be consistent in only granting reductions or waivers of fees for minor projects. Tryon suggested that the Planning Commission ' s work program be modified to put the minor variance ordinance project higher up on the priority list. It was agreed that consideration of the work program would be placed on the next agenda. PASSED BY CONSENSUS: To deny the request from Mr. Carnes , 14090 Tracy Court, for a waiver of the $375. 00 zoning and site development fees for his application to construct berms , walls and landscaping along the front of the lot. 3 . Request from neighbors of Foothill College for Council considera- tion of additional recreational facilities at the college Kenneth L. Schroeder, Member - Steering Committee, Neighbors for a Quality Athletic Complex at Foothill College, addressed the Council on behalf of their committee which numbered approximately 86 neighbors of Foothill College. In particular their concerns were: 1) impact on students, neighbors and community; 2) excessive favoritism to Hewlett Packard by Foothill College; and 3) short cuts in the environmental -5- 3/18/87 NEW BUSINESS: ITEM #3 (continued) : �/ impact of the project. Mr. Schroeder further commented on the night use of the fields, the exclusion of use of fields by other groups than Hewlett Packard, the additional traffic at 280 and El Monte, and the lack of notification of the neighbors by Foothill College. The com- mittee was asking the Town to consider the following courses of action: 1) the funding of the fields by the community -- everyone would be able to then use them; 2) Council support of the committee ' s actions; 3) request the College and Hewlett Packard not to proceed with the project; 4) request Hewlett Packard to contribute more money toward landscaping. Council did point out that the School District Board Members were elected officials and the college was in their jurisdiction and not the Town ' s. Betsy Bertram, 11854 Page Mill Road, commented on the gridlock situa- tion already on 280 and El Monte and suggested that if these athletic fields are approved, the intersection be widened to carry the addi- tional traffic. Mrs . Bertram also commented that if these fields were allowed, the college would become a recreational facility and a condi- tional use permit should be required. The Mayor noted that the col- lege was not in the Town ' s jurisdiction. 41/ Judy Zurbriggen, 11800 Murietta Lane, asked if the college was in the Town ' s sphere of influence and was advised that it was not in the legal sense. She concurred that it was a highly impacted road regard- ing the traffic. Mrs. Zurbriggen also noted that Stanford University had five year leases on their property which were constantly renegotiated and she would like to see Hewlett Packard charged an ad- ditional rental fee. Sheri Emling, 11853 Murietta Lane, had a problem with the neighborhood being impacted by traffic and noise. She suggested a letter be sent to the college stating these concerns . Mrs . Emling also resented Hewlett Packard getting such a good deal for their employees at the expense of State residents. Dr. Clements , President - Foothill College, explained that the land was purchased in 1968 for either parking or athletic fields . In 1972 the use as an athletic field was approved. He noted the problem of funding the fields and stated the college felt it was a reasonable offer from Hewlett Packard. He further explained the present use of the fields and the proposed uses and stated that there would be no lighting, no loudspeakers, no huge bleachers, and fewer cars than if their night enrollment was at its capacity. Dr. Clements apologized for the lack of notification of the neighbors. They wanted to work with the neighbors to resolve this situation and were trying to be good neighbors. -6- 3/18/87 NEW BUSINESS: ITEM #3 (continued) : Mr. Mal Leal , Director of Operations - Foothill College, explained that $33 ,000 was budgeted for excavation and $30 , 000 to lay turf. In addition, he noted that the college' s horticulture department had promised to adequately provide plantings for the project. Bob Johansen, 25915 Elena Road, asked for and received clarification of the current uses of the fields. Dean Pourmand, 26200 Josefa Lane, asked why Hewlett Packard was paying only $112 ,000 for the fields and commented that he felt the fields were in excess of what the college needed. They were willing to work with the college and Hewlett Packard but were hoping that Hewlett Packard would not build the three fields under discussion. Margi Gould, 25625 Elena Road, stated this was the first time in 22 years she had not received a notice from the college about an issue and also noted that the plans for the project were not available for timely review by those interested. Mrs. Gould further commented that there was already land movement in the area under discussion and in her opinion the college did not need three fields. Council expressed particular concern over the lack of notification of the neighbors by the college. It was suggested that perhaps the 11119 landscaping plans for the project could be brought before the Town' s Site Development Committee as recommending body and the Town could follow through with the usual notification process . It was then de- cided that a better course of action would be for two Planning Commis- sioners to attend the meetings scheduled to discuss this project as observers and resource personnel . Commissioner Patmore concurred with this recommendation. PASSED BY CONSENSUS: To ask the Mayor to send a letter to the Board of Directors of the Foothill-DeAnza Community College District stating the comments made by the Council on the subject of the athletic fields, to support cooperation between the neighbors and Foothill Col- lege, to request that two of the Town ' s Planning Commissioners be in- cluded in the meetings on this matter, to request that the college no- tify the neighbors of all meetings in a timely manner and to have any plans, etc. available for review and if additional funds were needed for landscaping and other mitigating measures to request that the col- lege or Hewlett Packard absorb the costs. 4 . Consideration of Revised 1986-87 Budget The City Manager referred to his staff report dated 3/18/87 which in- cluded the revised 1986-87 budget and noted the budget had been reviewed by the Finance Committee and another meeting with that com- mittee would be scheduled on the matter. -7- 3/18/87 NEW BUSINESS: ITEM #4 (continued) : MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and passed unanimously to request the City Attorney to prepare a budget resolution adopting the revised 1986-87 budget for the next Council meeting. 5 . City Clerk -- Article in Peninsula Times Tribune Betsy Bertram, 11854 Page Mill Road, noted that there was a very nice article in the March 18 , 1987 issue of the Peninsula Times on the City and County Clerks in Santa Clara County. I . OTHER BUSINESS: 1. Reports from Standing Committees : 2 . Reports from Ad Hoc Committees : Council asked what the status was on the ad hoc committee reviewing the rate increase with the Los Altos Garbage Company. The City Manager responded that additional information was being requested and this matter would be on the Council agenda for their second meeting in April . J. STAFF REPORTS: 1. City Manager: 2 . City Attorney: 3 . City Clerk: Report on Council Correspondence dated 3/13/87 4 . Council Business: a) Mayor 1) Appointment to Community Health Abuse Council PASSED BY CONSENSUS: To appoint Mary van Tamelen as the Town' s repre- sentative to the Community Health Abuse Council and to appoint James Plummer as the Town ' s representative to the Inter-City Council . 2) Proclamation: March -- American Red Cross Month PASSED BY CONSENSUS: To proclaim March American Red Cross Month. 3) Consideration of support for AB36 which would require all motorcyclists to wear helmets It was agreed that the Mayor would send a letter stating that the ma- jority of the Council supported AB36 which would require all motor- cyclists to wear helmets. -8- 3/18/87 COUNCIL BUSINESS : (continued) : 4) Proclamation: April 20-26 , 1987 -- Senior Expo Week Council took no action on this matter. 5) Consideration of nominations for Senior Community Salute Hall of Fame Recognition Dinner Council took no action on this matter. b) Councilmembers : 1) Dronkert: Request for support of National Recycling Policy Council took no action on this matter. 2) Dronkert: Brown Act Agenda Question In response to a request from Dronkert, the City Attorney had prepared a memorandum dated 3/13/87 on Brown Act Agenda Requirements. In the memo he notes that recent amendments to the Brown Act are being reviewed by a newly formed committee and the League of California Cities. In addition new legislation is under review and he noted he would keep the Council advised of any new developments. Council asked that the memorandum be sent for informational purposes to the chairmen of the Town' s Standing Committee and a separate copy be sent to Mr. and Mrs. Lew Throop who had specifically addressed the Council on this subject. When advised by the City Attorney as to the status of the new legislation, the Mayor will send a letter supporting the exclusion of strictly advisory or recommending committees from the Brown Act re- quirements . 3) Dronkert: Community Health Abuse Council -- Clarification of financing obligation The City Attorney referred to his report on the Community Health Abuse Council dated 3/ 11/87 which had been prepared in response to a request from Dronkert. In part the memorandum stated that if the Town were to guarantee a portion of a loan to CHAC, what resort would the Town have to the assets of CHAC to obtain repayment and particularly in the event of the termination of CHAC by the withdrawal of a significant number of the participating agencies. In the event of a dissoluton of CHAC, all of its debts and liabilities would have to be paid before its remaining assets, if any, could be transferred to any group. If a loan were to be obtained to purchase a building and the Town signed a document guaranteeing any portion of the loan, the Town would be responsible to pay whatever amount it agreed to guarantee in the event of a default by CHAC. However, if a loan were to be negotiated, the Town should insist upon obtaining a second deed of trust in favor of the participating agencies who guarantee the loan. -9- 3/18/87 COUNCIL BUSINESS: (continued) : ` It was agreed that Mayor van Tamelen, as the Town' s representative to CHAC, would see that the President of CHAC received a copy of the at- torney' s memorandum and request that it be placed on a future CHAC agenda. K. DESIGN AWARDS - SLIDE PRESENTATION: Council saw the slides of all the homes in Los Altos Hills which had been completed in 1986 . The ballots must be returned to the City Clerk' s Office no later than 5 : 00 p.m. on Tuesday, April 7, 1987 and the award (s) will be presented at the April 15, 1987 Council Meeting. L. ADJOURNMENT: There being no further new or old business to discuss, the City Coun- cil adjourned at 10: 40 p.m. Respectfully submitted, Patricia Dowd, City Clerk 4169 -10- 3/18/87