HomeMy WebLinkAbout11/18/1987 `.
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, November 18 , 1987
cc: Reel 188, Tr . I , Side II , 001-end
Mayor 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 Tryon and Councilmembers Dronkert, Plummer and
van Tamelen
Absent: None
Staff : City Manager George Scarborough, City Attorney Frank
Gillio, City Planner Nancy Lytle, Director of Public
Works Bill Ekern and City Clerk Pat Dowd
Planning
Comm: Edward Emling
Press : Charles Halleck, Los Altos Town Crier; Mary Fortney,
Peninsula Times Tribune
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by
Dronkert and passed unanimously to add the following under New
Business as an urgency item to the agenda: Consideration of a Joint
Powers Agreement for Participation in the Santa Clara County Housing
Rehabilitation Program.
B. CONSENT CALENDAR:
Item removed: B. 1 (Tryon)
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Dronkert and
passed unanimously to approve the balance of the Consent Calendar,
specifically:
2 . Approval of Warrants : $87, 863 . 30
B. CONSENT CALENDAR: (continued) :
4111/ 3. Resolutions for Adoption:
a) Resolution #118-87 approving and authorizing execution of
an encroachment permit agreement between the Town of Los
Altos Hills and Melrose Construction Company, Lot 5, Tract
6568 , Vista Serena Drive
b) Resolution #119-87 accepting certain improvements in
connection with the Lands of Kelly, File PM #3-85, Hillview
Drive
4. Proclamation: November 30 - December 5 , 1987 -- 'Winter Storm
Preparedness Week'
5. Actions of the Planning Commission: approved the following:
a) LANDS OF WONG, FILE VAR #25-87, 11675 Dawson Drive,
variance request to encroach into setback and declining
height envelope for purposes of allowing existing home
under construction
Item Removed from Consent Calendar:
1. Approval of Minutes: November 4, 1987
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Siegel and
passed unanimously to approve the minutes of the November 4 , 1987
Council meeting with the following correction: page 9 , Item J. 3)
should read: 'Mayor Tryon noted that in April/May of 1988 construction
was scheduled to begin on a new lane in each direction of 280 from Los
Altos Hills to San Jose which would greatly assist traffic issues . '
C. PRESENTATIONS FROM THE FLOOR:
Mary Stutz , 25310 Elena Road, commented that there had not been many
recipients of Volunteer Awards from Los Altos Hills even though there
were many residents who were certainly worthy of such an award. Mrs.
Stutz noted that the Volunteer Awards Committee had left their request
for nominations to Committee Chairman in the committee boxes in the
Heritage House and none of these had been picked up by the committees.
It was suggested for better communication; to submit the requests for
nominations from committee chairmen to the City Clerk who would mail
said requests to the chairmen.
D. REPORT FROM THE PLANNING COMMISSION:
Planning Commissioner Emling reported that the following items were
discussed at the 11/12/87 Commission Meeting: 1) Lands of
Tykeson/Huang, File TM #2-87 - approved; 2) Lands of Owen Homes,
Altamont Road, site development permit for new residence and swimming
41/0
-2- 11/18/87
D. REPORT FROM THE PLANNING COMMISSION: (continued) :
pool - continued; 3) Lands of Wong, File VAR #25-87 - approved; and 4)
Lands of Vidinsky, 24250 Hillview Road, site development permit
conditions of approval - road right of way - approved.
E. PUBLIC HEARINGS:
1. Resolution # approving the policy on importation of solid waste
from outside Santa Clara County to be added to the Solid Waste
Management Plan for Santa Clara County
The City Manager referred to his report dated 11/18/87 which noted
that the proposed amendment would provide that the Santa Clara County
Solid Waste Plan would have to be amended prior to use of landfill
capacity within the County by municipal users outside the County. In
addition the proposed amendment would insure that each city would be
notified of requests to import solid waste into the County and would
allow each city to participate in the decision.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed by the following roll call vote to adopt Resolution #120-87
approving the policy on importation of solid waste from outside Santa
Clara County to be added to the Solid Waste Management Plan for Santa
Clara County.
iNW
AYES: Mayor Tryon and Councilmembers Dronkert, Siegel and van Tamelen
NOES: Councilmember Plummer
Councilmember Plummer commented on the present Solid Waste Management
Plan and noted that he saw no overall public purpose being served in
adopting this amendment.
2 . Resolution # amending the schedule of rates for garbage
collection and disposal services
The City Manager referred to his staff report dated 11/18/87 which
included the recommendation that the City Council adopt the resolution
increasing the garbage rates by 7. 2% and providing that the revenue
raised by the rate increase will be transferred to the Town to pay the
cost of disposal at the Mountain View Landfill . The City Manager also
noted that at the next meeting, if this resolution were adopted, it
would be necessary to adopt a fifth addendum to the agreement between
the Town and the Los Altos Garbage Company.
Andrew Allison, 27360 Natoma Road, commented on the fact that Santa
Clara County was dumping at Newby for less than it cost the Town to
use the disposal at the Mountain View Landfill and he suggested that
Council review the options available to the Town.
Council discussed the proposed increase and requested that the Los
lbw Altos Garbage Company be asked to include in their next billing an
explanation to the Town' s residents that the increase was to pay the
cost of disposal at the Mountain View Landfill .
-3- 11/18/87
E. PUBLIC HEARINGS: (continued) :
Ihr
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Dronkert
and passed by the following roll call vote to adopt Resolution #121-87
amending the schedule of rates for garbage collection and disposal
services.
AYES: Mayor Tryon and Councilmembers Dronkert, Plummer and Siegel
NOES: Councilmember van Tamelen
F. OLD BUSINESS:
1. Ordinance #317 amending Section 2-1. 101 of Chapter 1 of Title 2 of
the Los Altos Hills Municipal Code concerning the hour for Council
Meetings (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed unanimously to waive further reading of Ordinance
#317.
Tryon noted that Milpitas, Morgan Hill , Santa Clara and Saratoga
started their Council meetings at 7: 00 p.m.
Dronkert commented on the fact that when Council changed the time from
7: 30 p.m. to 7:00 p.m. there had been approximately four meetings held
at the new time prior to the adoption of the ordinance changing the
thr time to 7 : 00 p.m. In response to her inquiry, the City Attorney stated
that the actions taken by the Council at those meetings were valid.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed by the following roll call vote to adopt Ordinance
#317 amending Section 2-1. 101 of Chapter 1 of Title 2 of the Los Altos
Hills Municipal Code concerning the hour for Council Meetings .
AYES: Councilmembers Dronkert, Siegel and van Tamelen
NOES: Mayor Tryon and Councilmember Plummer
2 . Ordinance # amending Sections 5-7.01 and 5-7. 02 and 10-2. 403,
respectively, of the Los Altos Hills Municipal Code regulating
hours of outside construction work (FIRST READING)
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed unanimously to waive further reading of ordinance.
Andrew Allison, 27360 Natoma, requested clarification of what weekend
days construction/grading could be done in the Town according to the
ordinance.
Council discussed the proposed ordinance before them specifically page
two which addressed what types of equipment could be used, the hours
and days of allowed use and which days outside construction or repair
work was allowed.
-4- 11/18/87
F. OLD BUSINESS: (continued) :
lir It was agreed the City Attorney would prepare another ordinance for
the Council ' s review which would simply clarify the weekend days as
stated in the current ordinance.
3 . Report on Municipal Elections :
a) Ordinance # consolidating the General Municipal Election
of the Town of Los Altos Hills with the day of the State-
wide Primary Election (FIRST READING)
Council discussed the City Attorney' s report dated 11/12/87 on the
procedure involved to change the municipal election date and also
discussed the City Clerk' s report dated 11/13/87 on which cities held
their elections at which times of the year. Council commented on the
pros and cons of changing the election date to June of even numbered
years or November of odd numbered years. Possibility of higher turnout
of voters was noted as well as the trend amoung cities to change to
the November odd numbered years election.
PASSED BY CONSENSUS: To state the Council ' s intent to consider
changing the municipal election to November of odd numbered years
after the April election in 1988 and to direct the City Attorney to
prepare a report on the procedures and impact on terms of such a
change for the next Council meeting
4 . Report on Police Survey Questionnaire Results and Consideration of
Police Service Options
Council had before them a summary of the police services questionnaire
as tabulated by Mayor Tryon and Councilmember van Tamelen. In part the
summary stated: 49% satisfied with present level of service; 31% not
satisfied. The summary also included the following ranking of
alternatives in order of preference: 32% retain present Sheriff ' s
coverage; 53% contract with Los Altos Police; 6% increase Sheriff's ceverage;
5% no preference (all 'satisfieds') (AMENDED BY ODUNCIL 12/2/87)
Dronkert stated that the results were now in from the survey and
Council should consider what the tendency was in the Town regarding
police services . Los Altos Police Services appeared to be mutually
acceptable and advantageous to each city. Referring to the 1982
election at which police services were an issue, Dronkert commented
that the option then was the Town' s own public safety department and
it was a frightening alternative. Dronkert also noted vote of the
people at that time and stated she did not see anything voted on at
that time preventing the City Manager from entering into negotiations
with Los Altos for police services.
16, -5- 11/18/87
F. OLD BUSINESS: (continued) :
Siegel stated that he felt the Town should have better police
protection and a higher level of service. van Tamelen commented that
it would not be a commitment but rather an opportunity to look into
the possibility of police services with Los Altos . She questioned the
reluctance to pursue this possibility; without all the facts the
Council could not make a decision.
Tryon stated that she was impressed with the responses from the
residents but did feel there should be the opportunity for more
citizen participation. The issue of police services had been under
discussion for a long time and it could not cause any harm to delay a
decision further for more input. Tryon further stated that she had the
greatest respect for the Los Altos Police Department and its officers;
however, the Town had had 30 years of experience with the Sheriff ' s
Department and careful consideration should be given to what a change
would mean to the Town. Present pluses and minuses had not been looked
into adequately. Such options as dedicated service and/or another beat
could address residents ' concerns . Tryon also commented on the
following issues regarding a policy change on police services: 1)
concern over the question of the residents of Los Altos subsidizing
the residents of Los Altos Hills for police services; 2) control; and
3) identification.
Sheri Emling, 11853 Murietta Lane, noted that according to the
libr questionnaire 49% of the residents were satisfied and Council should
respect this response. Mrs . Emling further commented that she thought
the questionnaire was subjective and that many people who are
satisfied with the present service would tend not to respond to the
questionnaire.
Andrew Allison, 27360 Natoma Road, noted that the residents did seem
satisfied with the County for police services but Council could still
look into the option of Los Altos for police services.
Judith Carico, 25311 O' Keefe Lane, suggested proceeding slowly and
cautiously. She did not think that those who responded had all the
information on the subject and she was concerned about escalating
costs. When the Town had it, the private patrol was a good service in
her opinion.
Judy Zurbriggen, 11800 Murietta, stated that she used to live in Los
Altos and in her opinion there was evidence of poor police work as
they tended to ignore a lot of things that happened in the city. She
believed all of the facts should be given to the residents.
Robert Poole, 26041 Moody Road, stated that he had lived in the Town
since 1950 and had been pleased with the Sheriff ' s Department. He
believed if you had a good thing, you should stay with it.
-6- 11/18/87
F. OLD BUSINESS: (continued) :
111/
MOTION SECONDED AND FAILED: Moved by Tryon, seconded by Plummer and
failed by the following roll call vote to continue the consideration
of police service options .
AYES: Mayor Tryon and Councilmember Plummer
NOES: Councilmembers Dronkert, Siegel and van Tamelen
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed by the following roll call vote to direct the City
Manager to enter into negotiations with Los Altos Police Department
for police services as provided for in the City Manager ' s staff report
dated 7/ 10/87 (on file at Town Hall ) .
AYES: Councilmembers Dronkert, Plummer, Siegel and van Tamelen
NOES: Mayor Tryon
G. NEW BUSINESS:
1 . Ordinance # amending Chapter 5 of Title 5 of the Los Altos Hills
Municipal Code concerning solicitation (FIRST READING)
The City Attorney presented his report dated 10/26/87 which included
an opinion that any city regulations banning door to door solicitation
or limiting the hours of charitable solicitation were
61111, unconstitutional . The report further included the recommendation that
an ordinance providing the minimum constitutionally permissible
regulation of solicitors be considered for adoption. The proposed
ordinance included the following: a registration form, a solicitation
card, revocation procedures and misdemeanor charges if soliciting
where there was a posted sign indicating 'no solicitation' .
Council discussed the proposed ordinance and the great difficulty of
enforcing such an ordinance.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed by the following roll call vote to direct the City Attorney
to prepare ordinance amendments which would repeal those sections
concerning door to door solicitation in the Town which were
unconstitutional and to prepare ordinance amendments which would
stipulate that it would be a misdemeanor to solicit where there was a
' no solicitation' sign. The ordinance would also address the size of
the ' no solicitation' signs .
AYES: Mayor Tryon and Councilmembers Plummer, Siegel and van Tamelen
NOES: Councilmember Dronkert
-7- 11/18/87
1 G. NEW BUSINESS: (continued) :
2 . U.C. Berkeley - Department of Landscape Architecture - interns to
assist Town in certain planning projects
Lee Patmore, Planning Commissioner, explained that there were two
types of project assistance available: Masters Degrees Project (no
cost) and large projects involving the class and a long period of time
(minimal cost, i.e. gas) .
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by Plummer and
passed unanimously to direct staff to investigate obtaining interns
from U.C. Berkeley, Department of Landscape Architecture, to assist
the Town in one or two projects from the following list of priorities:
1) site development design guidelines; 2) land use, San Antonio Hills
(should the project be forthcoming) and 3) Town ordinances , riparian
ordinance.
3 . Consideration of a Joint Powers Agreement for Participation in the
Santa Clara County Housing Rehabilitation Program
The City Manager referred to his report dated 11/18/87 which
recommended adoption of a joint powers agreement and memorandum of
understanding for participation in the Santa Clara County Housing
Rehabilitation Program. The report included the following primary
benefits from participation in the JPA Agreement and the development
of a housing rehabilitation low interest loan program:
1) Opportunity for low and moderate income seniors and others to
make repairs and prevent further deterioration of their homes.
2) Provide low and moderate income seniors and other residents
of Los Altos Hills the opportunities offered residents of the
unincorporated area and other cities .
3) Develop a low and moderate income housing preservation program
for inclusion in the Town ' s Housing Element.
The City Manager further commented that the Town would have no
specific obligations other than publicity and promotion of the program
as the County would administer the program itself.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by van Tamelen
and passed unanimously to adopt Resolution #122-87 approving and
authorizing execution to exercise Joint Powers Agreement between the
Town of Los Altos Hills and the County of Santa Clara concerning the
Community Development Block Grant Program and Resolution #123-87
approving and authorizing execution of an amendment to Joint Exercise
of Powers Agreement between the Town of Los Altos Hills and the County
of Santa Clara concerning the Community Development Block Grant
Program.
L
-8- 11/18/87
H. OTHER BUSINESS:
1. Reports from Standing Committees:
2. Reports from Ad Hoc Committees:
a) General Plan Community Participation Sub-Committee and
appointment to General Plan Steering Committee
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by
Dronkert and passed unanimously to appoint the following to the
General Plan Steering Committee: Andrew Allison, William Perkins,
Arthur Lachenbruch, Nancy Bavor, Lew Throop, Alma Wood and Janet
Sandis .
From the remaining list of candidates , each Councilmember chose one
person to also serve on the General Plan Steering Committee:
Ed Seaman (Dronkert) , Doni Hubbard (Siegel) , Marty Wank (Plummer) ,
Ruth Buneman (van Tamelen) and Sheri Ignatius (Tryon) .
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by van
Tamelen and passed unanimously to appoint the following to the General
Plan Steering Committee: Ed Seaman, Doni Hubbard, Marty Wank, Ruth
Buneman and Sheri Ignatius.
4111, It was agreed each of these appointees would be contacted for their
concurrence with the appointment and a status report on the General
Plan Steering Committee would be placed on the next Council agenda.
I . STAFF REPORTS:
1. City Manager:
a) Report on Status of Cable TV Negotiations
The City Manager presented his staff report dated 11/18/87 which noted
that Sun Cable was presently prepared to construct a system offering
service to about 2 ,100 out of the Town' s total of 2, 550 homes. Their
original proposal had estimated that they could offer service to 80-
85% of the Town' s residences . Their refined estimates based on the
strand mapping of 2 ,100 out of 2 , 550 or 82 .4% falls within their
original proposal . However, the present Sun commitment results in
approximately 450 homes or almost 18% of the community without access
to cable television. Ongoing discussions with Sun Cable are taking
place including financial projections and development of appropriate
strategies.
koar
-9- 11/18/87
I . STAFF REPORTS (continued) :
b) Request to use Westwind Barn for a school picnic
The City Manager reported that he had received a request from the
Peninsula French-American School to hold a picnic at Westwind Barn in
the spring for approximately 150-250 people. The school would be
responsible to clean up and would pay liability insurance.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously to approve the request from the Peninsula
French-American School to hold a picnic at Westwind Barn in the spring
for about 150-250 people.
c) Update regarding request for assistance from Herman Spector
The City Manager reported that agreement had been reached between
Herman Spector and Rick Bell concerning a private road maintenance
agreement for Ursula Lane.
2 . City Attorney:
3. City Clerk: Report on Council Correspondence dated 11/13/87
It was noted that the City Manager would respond to the letter
received from Elia Downey. The Mayor also asked that if Council
wished to have either of the letters received from Andrew Allison
agendized, they should let her know.
4 . Council Business:
a) Mayor:
1) Nomination for appointment to Los Altos County Fire
Protection District Commission
Marc Kaufman, President of the Fire Commission, presented Council with
some background information on the Commission. The Commissioners were
appointed for four year terms by the Board of Supervisors . The
Commission met at 7 : 30 p.m. on the third Thursday of the month for
about nine meetings a year. The charges included providing fire
protection and managing the budget for said fire protection.
MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Plummer
and passed by the following roll call vote to recommend William Siegel
for appointment to the Los Altos County Fire Protection District
Commission and to send this recommendation to the Board of Supervisors
and to the Fire Commission.
hime
-10- 11/18/87
I . STAFF REPORTS: (continued) :
AYES: Mayor Tryon and Councilmembers Dronkert, Plummer and
van Tamelen
NOES: None
ABSTAIN: Mayor Pro Tem Siegel
2) Leaue of Women Voters
Tryon commented that the League of Women Voters was holding a Holiday
Party on 12/9/87 to which the Council was invited to attend.
3) League of California Cities - Senator Morgan
Tryon reported that a letter had been received from Don Benninghoven,
Executive Director of the League of California Cities, asking the Town
to express a thank you to Senator Morgan for her extra efforts on
behalf of the Town as well as of the League. It was agreed the Mayor
would send a letter of thanks to Senator Morgan.
4) Street Tree Planting Program
Tryon commented on the Street Tree Planting Program to be conducted by
Pinewood. The Director of Public Works reported that the redwood trees
were scheduled to be planted at the end of the week and the oak in
December or January. Tryon noted a certificate of appreciation should
41, be prepared when the project is completed.
4) Senate Select Committee on Land Use and Transporta-
tion
Tryon noted that she had attended a public forum held by the Senate
Select Committee on Land Use and Transportation which had been quite
informative.
5) Contract with Town Geologist
Tryon noted the reference made to the contract with the Town Geologist
made by the City Manager in his last newsletter and she wondered if
Council wished to review this contract. No action was taken but
interest was expressed in waiting for additional information from the
City Manager on different options.
b) Councilmembers
1) Siegel : Initiative Petition
Siegel asked that an analysis be prepared on the initiative petition
to assist in answering the many questions raised by the petition. It
was agreed the City Attorney would prepare the analysis.
-11- 11/18/87
I . STAFF REPORTS: (continued) :
2) IGC-A-Gram
van Tamelen requested that IGC spell out references to groups and/or
organizations for purposes of clarification. van Tamelen further
requested that the Council be notified of committee vacancies by IGC.
3) van Tamelen: Town Newsletter
van Tamelen requested and it was agreed to agendize review of the
Town' s Newsletter Policy for a future Council Meeting.
J. ADJOURNMENT:
There being no further new or old business to discuss, the City
Council adjourned at 10: 05 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
-12- 11/18/87