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HomeMy WebLinkAbout05/20/1987 L CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills , California MINUTES OF A REGULAR MEETING Wednesday, May 20 , 1987 cc: Reel 185 , Tr. II , Side II , 337-end A. EXECUTIVE SESSION: Mayor Tryon called the Executive Session to order at 6 : 30 p.m. and called the Regular Meeting of the City Council to order at 7 : 10 p.m. in the Council Chambers at Town Hall . B. ROLL CALL AND PLEDGE OF ALLEGIANCE: Present: Mayor Tryon and Councilmembers Dronkert, Siegel and van Tamelen Absent: Councilmember Plummer Staff : City Manager George Scarborough, Assistant City Attorney Susan St.Clair , City Engineer Michael Enright and City Clerk Pat Dowd Planning Comm: Marc Kaufman C. ANNOUNCEMENT OF DESIGN AWARDS: van Tamelen reported that the following three homes had been selected to receive the 1987 Los Altos Hills Design Awards: 25857 Westwind Way (Architect Gary Tucker and Builder Westwood Construction) , 13535 Country Way (Architect/Designer Triangle Associates and Paul Lombardi and Builder Paul Lombardi) , and 12105 Hilltop (Architect/Designer Triangle Associates with Alan and Barbara Swanson and Builder Woolworth Construction) . Press releases had been prepared for the three local papers and it was agreed that each owner would receive a certificate from the Town. The Town' s Ex- hibit Curator, Marjorie Kellogg, had prepared displays on each of the homes and it was further agreed these would be placed in the Heritage House. D. PRESENTATION BY ROBERT REESE ON SOLID WASTE PLANNING IN SANTA CLARA COUNTY This presentation was continued to the second meeting in June. E. CONSENT CALENDAR: Items Removed: E . I (van Tamelen) , E. 2 (Dronkert) , E. 3 .c) (City Manager) Items Added: Council agreed to move the proclamations listed under Council Business to the Consent Calendar . MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously by all members present to approve the balance of the Consent Calendar, specifically: 3. Resolutions for Adoption: a. Resolution #43-87 approving and authorizing execution of an agreement between the Town of Los Altos Hills and Chrisp Company (Robleda Road Guardrail Project) b) Resolution #44-87 amending the schedule of rates for garbage collection and disposal services (Los Altos Garbage Company) 4. Actions of the Planning Commission: approved the following: a) Lands of Rueter, File CUP #1-87 , 26640 Snell Court, conditional use permit for a cabana with kitchen and bathroom for family and guest use b) Lands of Hu, File VAR #8-87, 14463 Liddicoat Circle, variance to exceed the allowed development area for the purpose of con- structing a new residence, driveway and walkway 5 . Request from Los Altos Fire Department for Council authorization to remove fire hazards on certain properties within the Town ( letter from Fire Department dated 5/14/87) 6 . Proclamations for Adoption: a) Italian Heritage Month - June, 1987 b) Selective Service Registration Awareness Month - June, 1987 c) Commending the Community Services Agency of Mt. View and Los Altos d) Foster Parent Appreciation Week - May 24-30 , 1987 -2- 5/20/87 E. CONSENT CALENDAR (CONTINUED) : `, Items Removed from Consent Calendar: 1. Approval of Minutes: May 6 , 1987 MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel and passed unanimously by all members present to approve the minutes of the 5/6/87 Council Meeting with the following corrections : page 3 , Item F. la) and b) , first paragraph should read: 'Councilmember Dronkert, in accor- dance with Council policy not to vote on developments within 300 ' of one ' s property, stepped down from consideration of this item. ' ; page 4, first vote, Mayor van Tamelen should be corrected to Mayor Tryon; page 5 , first paragraph ' creek bed' should be corrected to ' creek bank ' ; and page 6, Item 4, the following statement should be added to the motion: . . . 'based on the necessary findings per Municipal Code Section 10- 1. 1107 (b) . ' 2 . Approval of Warrants: $37, 056. 89 Dronkert requested that warrant #5489 to Creegan & D'Angelo in the amount of $11 ,400 be held until the acceptance of the final report of the storm drainage master plan is discussed later on the agenda. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van Tamelen and passed unanimously by all members present to approve the warrant list minus warrant #5489 to Creegan & D' Angelo. 3 . Resolution # approving and authorizing execution of third addendum to agreement between the Town of Los Altos Hills and Los Altos Garbage Company The City Manager noted that on page 4 of the proposed third addendum to agreement which Council had received in their packets , the following cor- rection should be made: delete the following phrase at the end of the first paragraph ' (exclusive of franchise fees and Mountain View disposal costs) ' . MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed unanimously by all members present to adopt Resolution #45-87 ap- proving and authorizing execution of third addendum to agreement between the Town of Los Altos Hills and Los Altos Garbage Company as corrected by the City Manager. F. PRESENTATIONS FROM THE FLOOR: G. REPORT FROM THE PLANNING COMMISSION: Planning Commissioner Kaufman reported that the following items were dis- cussed at the 5/13/87 meeting: 1) Lands of Lin, File Var #5-87 , 11645 Dawson Drive - no decision made, referred to Council ; 2) Lands of Hu, File Var #8-87 , 14463 Liddicoat Circle, approved; 3) Lands of Rueter, -3- 5/20/87 G. REPORT FROM THE PLANNING COMMISSION: File Cup #1-87, 26640 Snell Court, approved; and 4) Revised Draft Housing Element. Concerning this last item, it was agreed that the City Manager would prepare a report on the status of the revised draft housing element for Council either at the next Council Meeting or in his Manager ' s Newsletter. Planning Commissioner Kaufman also noted that a study session had been held on 5/14/87 to discuss the following items : 1) proposed zoning or- dinance amendment, adding R-1-A District; 2) minor variance procedure and 3) variance findings . Commissioner Kaufman noted that concerning item one, a sub-committee meeting had been held 5/19/87 at which time the recommendation that such a district be based on reduction of maximum floor area was discussed, as had been recommended by former Planning Com- missioner Arthur Lachenbruch. Concerning item two, Commissioner Kaufman noted that it was quite difficult to arrive at a definition of what ' minor' involved and staff was presently working on such a satisfactory definition. Relating to item three, Commissioner Kaufman noted that of the findings for variances only findings numbers 1 , 3 and 5 were require- ments of the State. ' Practical Difficulties ' tended to be a problem and it had been suggested deleting finding number two and focusing on special conditions of the land. H. PUBLIC HEARING: I . OLD BUSINESS: 1. Storm Drainage Master Plan - Acceptance of Final Report The City Engineer referred to his staff report dated 5/ 14/87 which in- cluded the recommendation that the City Council accept the storm drainage master plan prepared by Creegan & D'Angelo and direct staff to proceed with the recommended corrective projects within the existing expenditure limits of the adopted 1986-87 budget. Councilmembers discussed the recommended guidelines for reviewing the storm runoff implications of future development as stated on page 13 of the Storm Drainage Master Plan and Dronkert commented that, in her opinion, these guidelines were not clearly stated. Councilmembers further discussed the priority projects , noting that the top three projects had been identified but questioning if the remaining projects had been prioritized. van Tamelen also commented that she found it difficult to understand the location of the problem areas according to the appendices . Dronkert suggested that a ' key' for purposes of identification would have been very helpful in reviewing and understanding the plan and also an ex- planation of why certain projects were given a high priority. George Heeg, Creegan & D'Angelo, explained some of the terminology used throughout the report, such as the mile post map, x for crossing, L for left and R for right. -4- 5/20/87 I . OLD BUSINESS: Item 1 (CONTINUED) : MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by all members present to accept the Storm Drainage Master Plan as prepared by Creegan & D'Angelo and to direct the staff to proceed with the recommended corrective projects within the existing expenditure limits of the adopted 1986-87 budget with the identification of the priority projects as follows: Matadero Creek Project 1 ($30, 000) , Barron Creek 1 ($62 , 000) and Barron Creek 2 ($108 , 000) . MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen and passed by the following roll call vote to approve the payment of warrant #5489 to Creegan & D'Angelo for $11, 400. AYES: Mayor Tryon and Councilmembers Siegel and van Tamelen NOES: None ABSENT: Councilmember Plummer ABSTAIN: Councilmember Dronkert 2. Report on request from Santa Clara County for cost sharing of traffic signal at Magdalena and Summerhill The City Engineer referred to his report dated 5/13/87 which included the request for the following actions : 1) enter into an agreement with the County to participate in the construction cost (Town' s share not to ex- ceed $13 ,000) for traffic signals at the intersection of Magdalena and 1111/ Summerhill and 2) authorize an encroachment permit for construction of that portion of the work that will take place within the Town limits. The report also included an overview of the 5/7/87 meeting between the Mayor, the City Engineer and Alan Jones , County Transportation Agency, at which time the County' s representative explained their reasons for re- questing a traffic signal at this intersection. Tryon supported this request noting the support from law enforcement agencies and schools and the technical support for such an installation. She further noted that this matter had been studied for some time. Dronkert, Siegel and van Tamelen, however, questioned the priority of this project, the allocation of Town funds for its completion and the ac- tual need for a traffic signal at this location. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed by the following roll call vote to inform the County' s Public Works Department that the Council does not believe a traffic signal is necessary at the Magdalena and Summerhill intersection and will not par- ticipate financially in this project if the County decides to proceed. Furthermore, the Council questioned why anyone would cross at this par- ticular intersection in the first place. AYES: Councilmembers Dronkert, Siegel and van Tamelen NOES: Mayor Tryon ABSENT: Councilmember Plummer -5- 5/20/87 I . OLD BUSINESS: Item 2 (CONTINUED) : Council took no action on authorizing an encroachment permit pending the decision by the County on whether or not to proceed with this project. 3 . Request for certificate of correction, Wild Plum Lane, Lots 4 and 5 , Tract 6592 , Human Habitation Building Setback Line (HHBSL) for 100 year flood The City Engineer referred to his staff report dated 5/14/87 which pre- sented the background information on this request for correction. The report noted that the Water District had determined that the flood limit should be relocated and after the Council authorized the Certificate of Correction, Nowack and Associates would be required to record a document showing the correct location of the HHBSL for Lots 4 and 5 (Exhibit A to the resolution) . MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Dronkert and passed unanimously by all members present to adopt Resolution #46-87 ap- proving a certificate of correction for a final map for Lots 4 and 5 , Tract 6592 of the Taaffe Subdivision and authorizing its recordation. 4. Relocation of Town Hall Entrance The Council had before them the City Engineer ' s staff report dated 5/15/87 which included an overview of background, discussion and fiscal impact of the possible relocation of Town Hall entrance. PASSED BY CONSENSUS: To continue this item to the second meeting in June for review by the whole Council , to request a recommendation from staff on the possible relocation of the Town Hall entrance, to obtain an opinion on the relocation from all of the staff, to request a staff recommendation on the proposal to landscape all of the Town Hall area and to request staff comment on the intersection of Fremont and Concepcion addressing the request of an additional stop sign. (Council requested comment on this last subject whether or not the Town Hall entrance is changed. ) J. NEW BUSINESS: 1. Resolution # approving and authorizing execution of agree- ment for environmental services between the Town of Los Altos Hills and EIP Associates for Quarry Hills Project This item was continued to later in the meeting for additional discussion between the City Manager and City Attorney. 2. Hold Harmless Agreement with Purissima Hills Water District regarding footbridge at Matadero Creek -6- 5/20/87 J. NEW BUSINESS: Item 2 (CONTINUED) : ihr The City Manager' s report dated 5/15/87 noted that the Water District had agreed to allow their existing concrete energy dissipator at the overflow on the Hungry Horse water tank to be used by the Town as a bridge abute- ment foundation for the equestrian/pedestrian bridge across Matadero Creek between Page Mill Road and the Matadero Creek subdivision pathway. The report included the recommendation that the hold harmless agreement be approved. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed unanimously by all members present to adopt Resolution # 47-87 ap- proving and authorizing execution of hold harmless agreement between the Town of Los Altos Hills and Purissima Hills Water District K. OTHER BUSINESS: 1 . Reports from Standing Committees: 2. Reports from Ad Hoc Committees: L. STAFF REPORTS: 1. City Manager: a) Financing of Road Maintenance Study and Storm Drainage Master Plan 411, The City Manager noted that his 5/15/87 report on the financing of the Road Maintenance Study and Storm Drainage Master Plan was informational and no Council action was requested on this item. van Tamelen asked for clarification of the figures given in the attach- ments to the Manager ' s report (projections 1986-93 , appropriations - Sheriff ' s Contract and Capital Improvement Budget 1986-81) as not all of the figures stated equaled to totals given. Dronkert questioned exactly where the storm drainage master plan appeared in the listings given in the attachments and requested clarification of this . It was agreed the City Manager would return at a later meeting with an update of his report on this subject including the clarifications re- quested by Councilmembers . b) El Monte Road - Realignment Improvements The City Manager noted that his staff report on the El Monte Road - Realignment Improvements dated 5/14/87 was informational only with no Council action requested. Council had no comments on this report. 2 . City Attorney: 3. City Clerk: Report on Council Correspondence dated 5/15/87 -7- 5/20/87 [ L. STAFF REPORTS: Item 4: hr 4. Council Business : a) Mayor Proclamations 1 through 4 were moved forward to the Consent Calendar. 5) Request from the City of Rolling Hills Estates to support AB1608 concerning the overall safety of the State' s roads Council took no action on this item. 6) League of California Cities - Legislative Conference Tryon reminded Council that the LOCO Legislative Conference was scheduled for June 1-2 in Sacramento. Any Councilmembers planning to attend should advise the City Clerk. b) Councilmembers 1) Dronkert: Regional Leadership Forum - July 8-9 , 1987 Dronkert noted that at an earlier meeting at which she had been absent the Council had authorized two people (at least one being a Councilmember) to attend the Regional Leadership Forum. In her opinion, it was quite a worthwhile Forum and she would like to see support for any Councilmember and/or Planning Commissioner who would like to attend. It was noted that former Councilmember Andrew Allison had expressed an in- terest in attending this Forum; however, due to a scheduling change he would be unable to attend. It was agreed to send another copy of the brochure on the Forum to the Planning Commission and to request Commissioner Kaufman to ask if any of the Commissioners were interested in attending. It was further agreed that Dronkert' s reservation would be sent in by the Clerk. 2) Dronkert: Foothill College - Athletic Fields Dronkert noted that on a recent agenda of a Foothill College meeting the Environmental Impact Report on the proposed athletic fields was schedul- ed. She asked Commissioner Kaufman to relay this information to the Plan- ning Commission for their information. Commissioner Kaufman commented that he had received no notification of this matter from the College. IMF -g- 5/20/87 L. STAFF REPORTS: Item 4 (CONTINUED) : L 3) Dronkert: Purissima Hills Water District Dronkert commented that she had received notification from the Registrar of Voters Office that the future elections of Directors of the Purissima Hills Water District would be held in November of even numbered years on the same day as statewide general elections . Therefore, the next election for District Directors will be held on November 8, 1988 . 4) van Tamelen: Community Health Abuse Council van Tamelen noted that she had raffle tickets for sale to support the Community Health Abuse Council if anyone was interested. Item J. 1 - Resolution # approving and authorizing execution of agree- ment for environmental services between the Town of Los Altos Hills and EIP Associates for Quarry Hills Project - continued from New Business to this point in the agenda for further review and discussion. Council and staff discussed the language in the proposed agreement for environmental services which stipulated that the developer would be responsible for all costs for the environmental studies and reports. The Manager stated that he wanted a clear understanding that Mr. Vidovich would be responsible for 'all ' costs, including overruns , etc. The City Attorney' s office was recommending a letter agreement on this matter rather than a formal agreement between the developer and the Town. The Assistant City Attorney referred Council to pages 12 and 13 of the proposed agreement which addressed the question of financial responsibility. On page 12 the following statement was made: 'Consultant shall not commence performance of any services until directed in writing by Town to do so. ' On page 13 section four includes the following: . . . ' Town shall not be liable for the payment of any professional services performed under this agreement out of monies of the Town. Town ' s sole ob- ligation shall be to accept monies for this purpose from applicant and to use such funds for the payment of services performed under this agreement at the times and in the manner set forth herein. ' In her opinion, the proposed agreement before Council clearly outlined the financial responsibilities and protected the Town. Council further discussed the clarification of financial responsibility, the possibility of letting the contract for certain phases at a time, the time frame for the project as stated in the proposed contract, and the notation that any costs for extra work performed by staff on the project would be paid for by the developer. MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and passed unanimously by all members present to adopt Resolution #48-87 ap- proving and authorizing execution of an agreement for environmental ser- vitor _g_ 5/20/87 (( CONTINUATION OF DISCUSSION OF ITEM J. 1 - NEW BUSINESS: vices between the Town of Los Altos Hills and EIP Associates for the Quarry Hills Project, with the following changes: page 12 , phrase amended to read 'Consultant shall not commence performance of any phase of the services until directed in writing by Town to do so. ' and to include any such language as recommended by the City Attorney to clarify in the pro- posed agreement the Town' s ability to withdraw from the project. M. ADJOURNMENT: There being no further new or old business to discuss, the City Council adjourned at 9 : 20 pm. Respectfully submitted, Patricia Dowd, City Clerk 40, -10- 5/20/87