HomeMy WebLinkAbout12/16/1987 r.
CITY COUNCIL
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, California
MINUTES OF A REGULAR MEETING
Wednesday, December 16, 1987
cc: Reel 188 , Tr. II , 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 . Mayor Tryon noted that
the meeting would be adjourned in memory of Don Hibner who had
recently passed away. Mr. Hibner had served for many years on the
Planning Commission and had been very active in the Town.
Mayor Tryon noted a change in the agenda before Council . The
certificates of appreciation for James and Kevin Lucas for achievement
4111/ of Eagle Scout Awards should be placed on the agenda as a consent
calendar item.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Mayor Tryon and Councilmembers Plummer, Siegel and
van Tamelen
Absent: Councilmember Dronkert
Staff: City Manager George Scarborough, City Attorney Frank
Gillio, Acting City Engineer Gordon Miller, City Planner
Nancy Lytle and City Clerk Pat Dowd
Planning
Comm: Jean Struthers
Press : De Tran, San Jose Mercury
B. CONSENT CALENDAR:
Item Removed: C. 5 .a)
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed by all members present to approve the balance of the
amended Consent Calendar, specifically:
1. Approval of Minutes: December 2 , 1987
2. Approval of Warrants: $27, 879 . 35
B. CONSENT CALENDAR: (continued) :
111/
3 . Certificates of Appreciation: Donald Druyanoff for service on the
Pathways , Recreation and Parks Committee and Liz Sprenkle for
service on the Safety Committee
4 . Actions of the Planning Commission: approved the following:
a) LANDS OF CARR, FILE VAR #24-87, 24600 Bella Ladera Drive,
Request for approval of variance to intrude into setback
by a maximum of 4 ' for addition/remodel ; FILE CUP #6-87,
Request for conditional use permit to construct secondary
dwelling unit (pool house)
5 . Resolutions for Adoption:
b) Resolution #129-87 accepting petitions (Sewer Assessment
District No. 11)
c) Resolution #130-87 approving agreement for legal services
(Sewer Assessment District No. 11)
d) Resolution #131-87 of intention to order improvement in
Sewer Assessment District No. 11
4111/ 6 . Certificates of Appreciation: James and Kevin Lucas - Achievement
of Eagle Scout Awards
Item Removed:
1 . Resolution # approving and authorizing execution of an agreement
for environmental services between the Town of Los Altos Hills and
EIP Associates for the Lands of McCulloch subdivision project
Siegel commented that part of the property in this project was in the
Williamson Act and the applicant would have to go through the
cancellation process. Siegel did not object to approving the contract
for services with ElPbut did request that the City Attorney prepare a
report on Williamson Act Cancellations for the next Council meeting.
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously by all members present to adopt Resolution
#132-87 approving and authorizing execution of an agreement for
environmental services between the Town of Los Altos Hills and EIP
Associates for the Lands of McCullough subdivision project.
D. PRESENTATIONS FROM THE FLOOR:
Mr. William Downey, 14330 DeBell Drive , addressed the Council
concerning the issue of police services . He commented on the group
11111/
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D. PRESENTATIONS FROM THE FLOOR: (continued) :
formed several years ago, Committee for Responsible Government, on the
issue of public safety. Mr. Downey further commented that the
Sheriff ' s Department had served the Town well for 30 years and he felt
the residents of the Town should decide who should provide police
services .
Mr. Morrow, 24300 Dawnridge, asked if Council was doing anything about
the possibility of sound walls on IS 280 and commented on truck bans
on I5280. Mayor Tryon noted that the sound walls were a part of the
widening project of IS 280 by Caltrans .
Mrs . Teddi Schick, 26400 Weston, asked for clarification of the
negotiations with the Los Altos Police Department for police services,
if the issue would go to a vote of the people and when all the
information would be available. Mayor Tryon commented on the City
Manager ' s report on the negotiations with Los Altos and the importance
of the results of the questionnaire. She noted that more information
on this subject would be forthcoming from staff.
E. REPORT FROM THE PLANNING COMMISSION:
Commissioner Struthers reported that the December 23 , 1987 meeting of
` the Commission had been cancelled and a study session on the draft
ir housing element was scheduled for Deonber 30, 1987. The following
items had been discussed at the 12/9/87 Commission meeting: Lands of
Owen Homes , 13430 Country Way, request for approval of site
development permit for new residence and swimming pool - approved;
Lands of Carr, 24600 Bella Ladera Drive, File VAR #24-87 and CUP #6-87
- approved; Lands of Wong, File VAR #15-87 and Lands of Alepin, File
CUP #7-87 and Lands of Markoff , File VAR #23-87 and Lands of
Scharfetter, File CDP #1-87, VAR #12-87 were all continued.
F. PUBLIC HEARING:
1. LANDS OF VIDINSKY, 24250 Hillview Road, appeal of Planning
Commission' s decision to request right-of-way dedication
Council had before them the 12/8/87 report prepared by the Director of
Public Works which included the staff recommendation that the request
for the road right-of-way be maintained and stated that it was the
policy of the Site Development Committee to request right-of-way
dedication for roads which did not meet the current standard of
30 'half-street, with certain criteria.
Mrs. Vidinsky, applicant, explained that in the review and approval of
their plans for a remodel the requirement for road right of way
dedication had not been mentioned. In fact their project had been
approved when it was noted after the fact that this requirement had
_3_ 12/16/87
thr F. PUBLIC HEARING: (continued) :
not been noted during the hearings. Mrs. Vidinsky noted that in her
neighborhood practically all of the lots were non-conforming and she
saw no reasoning behind requiring such a road dedication in view of
the lots and road under discussion. In addition, Mrs . Vidinsky noted
that in view of this requirement they would now have to rehire a civil
engineer and have their plans redrawn which seemed an unnecessary
expense.
Siegel commented on the merits of requiring the 60 ' road right of ways
and noted their importance. He expressed concerns about an exception
being granted but noted that perhaps the Town should pay the expenses
of preparation of the dedication documents in view of the confusion
surrounding the requirement and the hearings. Mayor Tryon noted that
there already were exceptions to this requirement in the Town.
MOTION SECONDED AND FAILED: Moved by Plummer, seconded by Tryon and
failed by the following roll call vote to grant the appeal of the
Planning Commission' s decision to request the road right of way for
Lands of Vidinsky.
AYES: Mayor Tryon and Councilmember Plummer
NOES: Mayor Pro Tem Siegel and Councilmember van Tamelen
ABSENT: Councilmember Dronkert
MOTION SECONDED AND FAILED: Moved by Siegel , seconded by van Tamelen
and failed by the following roll call vote to uphold the Planning
Commission' s decision to require road right of way for Lands of
Vidinsky and to provide that the Town will pay for related costs to
prepare the dedication documents.
AYES : Mayor Pro Tem Siegel and Councilmember van Tamelen
NOES: Mayor Tryon and Councilmember Plummer
ABSENT: Councilmember Dronkert
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Tryon and
passed unanimously by all members present to continue the public
hearing on Lands of Vidinsky to the next Council meeting at which time
the full Council would be present to discuss the matter.
G. OLD BUSINESS:
1. Town Signs concerning Bicycle Regulations -- reports from Safety
Committee and Pathways, Recreation and Parks Committee
Council had before them the recommendations from both the Safety and
the Pathways , Recreation and Parks Committee. Neither committee
recommended the placement of special signs directed at bicyclists.
-q- 12/16/87
a G. OLD BUSINESS: (continued) :
Philip Dauber, 27930 Roble Alto, commented that the cars speeding on
Page Mill were the problem rather than the bicyclists.
Mrs. Sheri Emling, 11853 Murietta Lane, commented that often
bicyclists rode two-three together on Moody Road which created a
dangerous situation. While there was arrogance on both the side of the
bicyclists and drivers , she thought a sign for bicyclists to go single
file would help the situation.
Jean Struthers, Planning Commission, noted that there was a State Law
which required bicyclists to ride single file .
Mrs . Teddi Shick, 26400 Weston Drive, asked what the penalty would be
if the bicyclists did not ride single file and the City Attorney noted
that a fine would be imposed.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Tryon and
passed by the following roll call vote to direct staff to place two
signs on Page Mill and two on Moody warning bicyclists to ride single
file.
AYES: Mayor Tryon and Councilmembers Plummer and Siegel
NOES: Councilmember van Tamelen
tir ABSENT: Councilmember Dronkert
van Tamelen stated that she did not think it was right to single out
bicyclists as the real problem seemed to be speeding cars and, in
addition, State Law pre-empted Town Law regarding bicycle regulations.
2. Ordinance #318 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 (SECOND READING)
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed by all members present to waive further reading of
ordinance.
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Siegel
and passed by all members present to adopt Ordinance #318 amending
Secitons 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.
3. Ordinance #319 amending Chapter 5 of Title 5 of the Los Altos Hills
Municipal Code concerning solicitation of posted premises (SECOND
READING)
Council had before them a memo written by Councilmember Dronkert on
this subject and a report by the City Attorney on Town signs .
-5- 12/16/87
G. OLD BUSINESS: (continued) :
1111,
MOTION SECONDED AND CARRIED: Moved by Tryon, seconded by Siegel and
passed unanimously by all members present to continue consideration of
this item to the next Council Meeting.
4. Resolution # approving and authorizing execution of an agreement
for Town Engineer services between the Town of Los Altos Hills and
Wilsey and Ham
PASSED BY CONSENSUS: To continue this item to the next agenda.
5 . San Antonio Hills West Annexation
Council had before them the City Manager' s report dated 12/16/87 which
noted that the Town had received a petition containing 192 signatures
from registered voters and/or property owners of San Antonio Hills
West requesting annexation to the Town. The report also included the
following recommendations: 1) Direct the City Attorney to prepare the
appropriate resolution initiating the requested annexation; 2) Request
LAFCO to process the annexation; and 3) Determine who should bear the
cost of the annexation process.
Mr. William Downey, 14330 DeBell Drive, Mrs. Teddi Schick, 26400
Weston, Mr. Morrow, 24300 Dawnridge and Mrs. Sheri Emling 11853
Murietta each asked who would benefit from the annexation of this area
to the Town. As the lots under discussion were not one acre( the area
did not meet the Town' s zoning requirements . a portion of (ME= BY
COUNCIL 1/20/88)
PASSED BY CONSENSUS: To refer the issue of clarification of the exact
boundary of the area to be annexed to the Council sub-committee
(Dronkert and Siegel) .
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously by all members present to direct the City
Attorney to prepare the appropriate resolution initiating the
requested annexation, to request LAFCO to process the annexation and
to determine that the Town should bear the cost of the annexation
process.
H. NEW BUSINESS:
1 . Resolution # ordering and calling a General Municipal Election
to be held on April 12 , 1988 , and providing for giving notice
thereof
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Plummer
and passed unanimously by all members present to adopt Resolution
#133-87 ordering and calling a General Municipal Election to be held
on April 12 , 1988 , and providing for giving notice thereof
-6- 12/16/87
H. NEW BUSINESS: (continued) :
2 . Resolution # setting certain policies applicable to candidates
in April 12 , 1988 election
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Plummer
and passed unanimously by all members present to adopt Resolution
#134-87 setting certain policies applicable to candidates in April 12,
1987 election.
3 . Resolution # requesting the Registrar of Voters of Santa Clara
County to render specified election services pursuant to Section
22003 of the Election Code
MOTION SECONDED AND CARRIED: Moved by van Tamelen, seconded by Plummer
and passed unanimously by all members present to adopt Resolution
#135-87 requesting the Registrar of Voters of Santa Clara County to
render specified election services pursuant to Section 22003 of the
Election Code.
4. Letter from Barrie Freeman regarding barking dog public nuisance
This item was continued to the next Council Meeting at Mr . Freeman' s
request.
5 . Letter from Paul Nowack regarding a request for a preliminary
determination on a potential tentative map two-lot subdivision,
25891 Fremont Road
Mr. Nowack, applicant, noted that they were requesting a preliminary
determination from the Council on this project as the normal procedure
entailed considerable cost and this particular piece of property had
dimensions which were not compatible with the Subdivision Ordinance.
Mr. Nowack further explained the configuration of the lot under
discussion, easements, access and their plans for a two-lot
subdivision of the property.
The Town Planner had prepared a report dated 12/10/87 which included
the recommendation that the City Council advise the applicant that the
inability to meet any of the minimum subdivision ordinance
requirements was grounds for denial of the application. In order to
approve this application, conditional exceptions would need to be
granted for more than one provision of the minimum requirements . Staff
knew of no precedent for relief from the site circle provision, and no
recent precedent for relief from the road right-of-way requirement for
subdivisions .
Council discussed Mr. Nowack' s preliminary proposal and commented that
there could be problems with the plans for the property. The issue of
access was of particular concern. van Tamelen commented that she
could not support the proposal as presented.
111/1,
_7_ 12/16/87
H. NEW BUSINESS: (continued) :
6 . Request from Mr. and Mrs . Ram Nagpal for an additional 264 square
feet of Maximum Development area, beyond the limit allowed per
conditions of approval of the tentative map, for purposes of
installing 520 square feet of solar panels at 28555 Matadero Creek
Lane
Council had before them the 12/10/87 report prepared by the Town
Planner which included the staff recommendation that the City Council
decline to grant an increase in the MDA to the applicant until they
had explored the possibility of placing the solar panels over existing
development area, i.e. , roof mounted panels. Should this possibility
prove unworkable or inconsistent with other goals of the Site
Development Ordinance, staff recommended that the increase be allowed
in order to encourage the use of solar energy.
Mr . Ken Souza and his partner, representing applicant, explained that
they did not want to put the panels on the roof because of the visual
impact.
Mrs . Ruth Buneman, 12655 LaCresta, supported the use of solar energy
and commented that she would not mind if the panels were put on the
roof.
Council discussed the application and noted the importance of the
possible impact on the neighbors regarding the placement of the solar
`. panels .
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Siegel and
passed unanimously by all members present to continue the request from
Mr . and Mrs . Nagpal for additional MDA for the purpose of installing
solar panels to the next Council Meeting at which time a public
hearing would be held on the matter.
I . OTHER BUSINESS:
1 . Reports from Standing Committees:
2 . Reports from Ad Hoc Committees :
a) Town Hall Master Plan -- meetings in progress, report
will be made at a later date
J. STAFF REPORTS :
1. City Manager:
a) Report on installation of phone at Little League Fields
-8- 12/16/87
J. STAFF REPORTS: (continued) :
Council had before them the report prepared by the City Clerk on the
installation of a phone at the Little League Fields . The report
included two options: 1) purchase a phone at a charge of between $500
to $5 , 000, with a monthly service charge payable to Pacific Bell plus
a billing for any calls made and a $110 connection fee; or 2) rent a
phone and an enclosure from Pacific Bell at a cost of $31 per month
and a $230 connection fee. Pacific Bell would keep the revenue. The
report also noted that Pacific Bell did not believe a phone such as
this one at a Little League Field would generate enough revenue for
them to install the phone at no cost.
MOTION SECONDED AND CARRIED: Moved by Plummer, seconded by Siegel and
passed unanimously by all members present to authorize the rental of a
phone at the Little League Fields and to request the City Manager to
include this matter as an item of negotiation with the Little League
for their lease with the Town.
b) Announcement of City Planner ' s resignation
The City Manager announced that Nancy Lytle had submitted her
resignation effective January 15. Recruitment was in process and a
report would be forthcoming regarding the selection process.
c) Report on Cable TV negotiations and request for study
session
The City Manager referred to his staff report dated 12/16/87 which
included the recommendation that Council set a date for a study
session to review the issues of underground service and public access
programming.
PASSED BY CONSENSUS: To set 4: 00 p.m. on Wednesday, January 6 , 1988 as
the time and date for a study session on the matter of Cable TV.
2. City Attorney:
3. City Clerk: Report on Council Correspondence dated 12/11/88
4. Council Business :
a) Mayor
1) Follow-up appointments to General Plan Steering
Committee
The Mayor referred to the report she had prepared which outlined the
procedure followed in making appointments to the General Plan Steering
Committee and recommended formal adoption by the Council of the
recommended appointment of committee members and alternates.
-9- 12/16/87
J. STAFF REPORTS (continued) :
MOTION SECONDED AND CARRIED: Moved by Siegel , seconded by van Tamelen
and passed unanimously by all members present to appoint the following
to the General Plan Steering Committee: Andrew Allison, Nancy Bavor,
Ruth Buneman, Doni Hubbard, Art Lachenbruch, Rosemary Meyerott, John
Mozart, Bill Perkins , Teddi Schick, Ed Seaman, Viole Stamness, Lew
Throop, Marty Wank, Alma Wood and Judy Zurbriggen. Michael Chiu and
Lavonne Morton were also appointed as alternates .
2) Follow-up to report on Safety Committee
Sub-Committee on Police Services
Mayor Tryon referred to the 6/12/85 report on police services prepared
by the sub-committee of the Safety Committee on this subject. She
noted that the sub-committee was now willing to work with the Town on
a more detailed report on the remaining two options for police
services . The Mayor further commented that William Downey, 14330
DeBell Drive, was willing to assist this sub-committee and the charges
of the sub-committeee would be to study the relative merits of both
options .
Siegel stated that while he would support the entire Safety Committee
reviewing the issue of police services as part of their ongoing
responsibilities, he did not support the sub-committee separately
thr working on such a report. It was clear the Safety Committee members
were divided on this issue and Siegel stated the opinion that the
committee as a whole should review the issue of police service
options . Plummer encouraged the Safety Committee to continue to review
the matter of police options but was not in favor of a sub-committee
separately reviewing the issue.
Mrs . Teddi Schick, 26400 Weston, commented on Mr. Downey' s many
contributions to the Town and supported his participation on such a
sub-committee.
Mayor Tryon stated that she would encourage both the Safety Committee
and the sub-committee to continue to review the issue of police
service options.
3) Gift from Mr. and Mrs . A.J. Ley
Mayor Tryon noted that a gift had been received from Mr. and Mrs . A.J.
Ley in the amount of $100. Mr. and Mrs. Ley requested that the Town
purchase trees for the Heritage House with this money. It was agreed
the Mayor would sent a letter of thanks to the Leys .
4) Resignation of George Beers from Ad Hoc Cable TV
Committee
-10- 12/16/87
J. STAFF REPORTS: (continued) :
Council had received a letter of resignation from Mr. Beers from the
Ad Hoc Cable TV Committee. It was agreed the Mayor would send a letter
of thanks to Mr. Beers for his contributions to this committee.
b) Councilmembers:
1) van Tamelen: Newsletter Policy
PASSED BY CONSENSUS : To state support of the newsletter policy which
had been adopted by the City Council on May 21, 1986 , to note it was
an excellent policy and to direct staff to send a copy of the policy
to the Community Relations Committee, and to request said committee to
direct any questions and/or comments on the policy to the Mayor .
2. Plummer: Council Policy on Consultant and
Municipal Contracts - Review and Renewal
Plummer stated his concerns about contracts entered into by the Town.
He further stated the position that all contracts , to the greatest
extent possible, should be competitive. No contract should be entered
into for more than three years and the process of competitive
reevaluation should be established as a policy of the Town.
PASSED BY CONSENSUS: To direct the City Manager to provide a report
including the history of each Town contract and the staffing impacts
of a competitive reevaluation policy.
3 . Siegel : Solid Waste Management Plan for Santa
Clara County
Siegel reported that the City of San Jose had adopted a Resolution
disapproving of the proposed amendment to the Solid Waste Management
Plan for Santa Clara County entitled ' Policy on Importation of Solid
Waste from outside Santa Clara County ' and expressing agreement with
the concept embodied in said proposed amendment. The two issues raised
by the City of San Jose related to enforcement and grandfathered
wastes .
K. ADJOURNMENT:
There being no further new or old business to discuss, the City
Council adjourned at 10 : 00 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
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